Brief for the National Association of Social Workers and the Ohio Chapter of the National Association of Social Workers as Amici Curie in Support of Petitioners, No. 13-933, United States Supreme Court (Mar. 6, 2014)

NASW\u27s first argument is simple. To protect children from abuse - a major congressional and state legislative goal - this Court should apply qualified immunity to protect social workers from personal liability where a reasonable decision has been made to remove a child without a warrant. NASW\u27s second argument is equally cogent. DeShaney was decided 25 years ago. Since then, this Court\u27s continued silence on the issue, Kovacic, 724 F.3d at 708 (Sutton, J., dissenting), has failed to provide guidance to those charged with the difficult task of protecting child welfare within the confines of the Fourth Amendment. Camreta v. Greene, 131 S. Ct. 2020, 2032 (2011). In light of the circuit split on this issue - compare Hatch v. Dep\u27t for Children, 274 F.3d 12 (1st Cir. 2001) with Kovacic, 724 F.3d (6th Cir. 2013) - guidance from this Court is more necessary today than ever

Brief for the National Association of Social Workers and the Ohio Chapter of the National Association of Social Workers as Amici Curie in Support of Petitioners, No. 13-933, United States Supreme Court (Mar. 6, 2014)

NASW\u27s first argument is simple. To protect children from abuse - a major congressional and state legislative goal - this Court should apply qualified immunity to protect social workers from personal liability where a reasonable decision has been made to remove a child without a warrant. NASW\u27s second argument is equally cogent. DeShaney was decided 25 years ago. Since then, this Court\u27s continued silence on the issue, Kovacic, 724 F.3d at 708 (Sutton, J., dissenting), has failed to provide guidance to those charged with the difficult task of protecting child welfare within the confines of the Fourth Amendment. Camreta v. Greene, 131 S. Ct. 2020, 2032 (2011). In light of the circuit split on this issue - compare Hatch v. Dep\u27t for Children, 274 F.3d 12 (1st Cir. 2001) with Kovacic, 724 F.3d (6th Cir. 2013) - guidance from this Court is more necessary today than ever