As stewards of our children, entrusted by God to “train them up in the way they should go” (Proverbs 22:6), we face a world where state overreach threatens the sanctity of family.
Child Protective Services (CPS) and Arizona’s Department of Child Safety (DCS) can wield immense power, but the Constitution—rooted in principles of justice reflecting divine order—protects your parental rights.
This post equips you with a simple, memorable framework, Due Process 1-2-3, to stand firm against unwarranted intrusions, ensuring your family remains a beacon of faith and freedom.
✅ Due Process 1-2-3: Your God-Given Parental Rights, Upheld by Law
Memorize and teach these three pillars to protect your family from unjust state actions, grounded in constitutional safeguards that echo the biblical call to justice (Micah 6:8).
- You Have the Right to Raise Your Child Unless Proven Unfit The state cannot interfere with your sacred duty to parent unless it proves, with clear evidence, that you are unfit. Legal Authority:
- Troxel v. Granville, 530 U.S. 57 (2000): The Supreme Court affirmed that a parent’s right to the care, custody, and control of their child is a fundamental liberty protected by the Constitution.
- Fourteenth Amendment – Liberty Clause: Guarantees your fundamental right to raise your child free from undue state interference.
- Notice, Evidence, and a Fair Hearing Before Removal The government must provide clear notice, present evidence, and grant a fair hearing before it can take your child—suspicion alone is not enough. Legal Authority:
- Santosky v. Kramer, 455 U.S. 745 (1982): The Supreme Court ruled that the state must show clear and convincing evidence to terminate parental rights, protecting families from vague accusations.
- Fourteenth Amendment – Due Process Clause: Ensures fair procedures, including notice and a hearing, before the state can disrupt your family.
- No Warrant, No Entry. No Emergency, No Removal Without a warrant, consent, or immediate danger, CPS has no right to enter your home or remove your child. Stand firm in your God-given authority. Legal Authority:
- Fourth Amendment – Search and Seizure Protections: Prohibits government entry into your home without a warrant or probable cause of imminent harm.
- Calabretta v. Floyd, 189 F.3d 808 (9th Cir. 1999): CPS and police violated constitutional rights by entering a home and interviewing a child without a warrant or emergency.
📌 Parental Rights Pocket Card / Tarjeta de Bolsillo – Derechos Parentales
Carry this bilingual summary to defend your family with confidence, rooted in the truth that God entrusts children to parents, not the state.
- Right to raise your child unless proven unfit. Derecho de criar a su hijo(a) a menos que se demuestre incapacidad. (Troxel v. Granville, 2000 – 14th Amendment)
- Notice, evidence, and fair hearing before removal. Notificación, pruebas y audiencia justa antes de la remoción. (Santosky v. Kramer, 1982 – 14th Amendment)
- No warrant = no entry. No emergency = no removal. Sin orden judicial = sin entrada. Sin emergencia = sin remoción.
⚖️ Arizona Law: Protecting Children from Harmful Content
In Arizona, where we fight to keep school libraries free of inappropriate materials, state laws reinforce your authority to shield your children from harm, aligning with the biblical mandate to guard their hearts (Proverbs 4:23).
- ARS § 13-3506: It is a felony to furnish harmful sexual content to minors.
- ARS § 13-3507: It is illegal to display harmful sexual content where minors can access it.
🔑 Memory Hook / Frase de Memoria
Anchor these truths in your heart with this simple refrain, a shield against overreach: “No warrant, no entry. No emergency, no removal.” “Sin orden judicial, no hay entrada. Sin emergencia, no hay remoción.”
A Call to Action: Stand Firm in Faith and Freedom
As Arizona parents, we must hold our Board of Supervisors accountable to ensure DCS respects these constitutional protections.
Share this Due Process 1-2-3 guide with your church and community, and let us stand together, emboldened by Psalm 127:3—“Children are a heritage from the Lord.”
It Is Our Duty to defend them.
