Child Protective Services frequently removes children from the custody of their parents and against their will when there are other less restictive alternatives. US District Court addressed this issue and established the "Gibson Decree" which enjoins CPS from removing a child from it's parent without the benefit of a pre-taking hearing in the State of West Virginia. This decree is never followed nor is it enforced. Since this is a federal court decision, it should be applied to all states and enforced in the state of West Virginia where it was established. It states "the failure to provide a preliminary pretaking hearing upon reasonable notice so as to afford the parent and child a prior opportunity to be heard is violative of the due process clause of the 14th Amendment" (2:78-2375)
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