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The McArthur Family Exposes DCFS Misconduct and Ongoing Harassment

A System That Betrayed the McArthur Family

In 2024, Marcus and Audrey McArthur faced one of the most traumatic moments a family can endure. Social workers from the Los Angeles County Department of Children and Family Services arrived at their children’s school. They removed them without a warrant, without a court order, and without any credible evidence that the children were in danger.


The McArthurs were never given notice, due process, or documentation. What DCFS did was not protection. It was a clear violation of constitutional rights guaranteed under the Fourth and Fourteenth Amendments.


The Law Is Clear and DCFS Broke It

California Welfare and Institutions Code section 306 allows emergency removal of a child only if the child is in immediate danger and no reasonable alternative exists to protect them. DCFS violated that law and its own Policy 5876, which requires advance notice and a grievance hearing before any removal or placement change.


Federal courts have ruled for years that this kind of conduct is unconstitutional.


  • Wallis v. Spencer (Ninth Circuit 2000) established that warrantless removals of children violate the constitutional rights of parents and children.

  • Calabretta v. Floyd (Ninth Circuit 1999) held that social workers and police officers cannot enter homes or take children without consent or an actual emergency.

  • Patrick v. County of Los Angeles (Central District of California 2023) documented a pattern of due process violations by Los Angeles County DCFS.


Our Written Notice and DCFS’s Response

After the 2024 removal, I sent a formal notice to DCFS, warning that their actions were unlawful and that we were preparing to file a federal civil rights lawsuit.

From my email:

I am assisting my clients in preparing legal action against the Los Angeles County Department of Children and Family Services for misconduct, unlawful threats of removal, and harassment. In 2024, DCFS social workers took my clients’ children directly from school without due process and without a warrant from the court. This conduct is unacceptable and violates both constitutional and statutory protections.

DCFS acknowledged the message but refused to provide a grievance hearing as required by their own policies.

From DCFS’s reply:

The Grievance Review Hearing section received your email with three attachments attached on behalf of Mr McArthur and Ms Burak. The DCFS GRH section provides a GRH to a relative or foster caregiver who received GRH 14 Day Notice of the Department’s intent to remove a foster child from their foster home. In this case, you do not meet the requirement for a hearing. I am referring your inquiry to the DCFS Public Inquiries section for review and proper routing.

This is DCFS admitting in writing that it will not offer a grievance hearing to the parents it wronged.

The complete email exchange is published with this article so the public can see the evidence for themselves.


Attachments:


Ongoing Harassment and Retaliation

In October 2025, after DCFS received our written warning, social workers returned to the McArthurs’ home twice in one day. One visit happened after midnight, and the other later that afternoon. Neither visit had a warrant nor a court order.


These visits were not investigations. They were intimidating. They were retaliation against a family who dared to assert their rights.


When a government agency continues to harass parents after being placed on notice, that becomes a clear violation of the First Amendment, the Fourth Amendment, and the Bane Act, which prohibits interference with constitutional rights through threats or coercion.


The Record Is Now Public

Every message, every response, and every evasion from DCFS is part of the record. Once the County received this notice, it became legally obligated to preserve all related records, emails, and internal communications. Any destruction of evidence after notice will constitute spoliation and lead to sanctions in federal court.


The Lawsuit Is Coming

We are now preparing to file a federal civil rights lawsuit under Title 42 section 1983 of the United States Code and the California Bane Act, Civil Code section 52.1. The claims will include:

  1. Unlawful seizure of children without judicial authorization

  2. Retaliation and harassment under color of state law

  3. Violation of due process and familial association rights under the Constitution


The complaint will request compensatory damages, punitive damages, injunctive relief, and federal oversight of DCFS Los Angeles County.


The Public Has the Right to Know

The McArthur case is not an isolated event. It represents a pattern that families across Los Angeles County have endured for years. The same department that claims to protect children has repeatedly broken the law, ignored court rulings, and trampled the rights of innocent families.


We will not allow these violations to remain hidden behind bureaucratic excuses. The law is clear. The truth is documented. The public deserves transparency and accountability.


Our Demand to DCFS

  1. Stop all unannounced visits to the McArthur family.

  2. Provide written confirmation that no child will be removed again without a valid court order or verified emergency.

  3. Preserve and produce all internal communications, emails, and case notes related to this family.

  4. Admit and correct the denial of the grievance hearing that Policy 4161 guarantees.


Failure to comply will be cited in the upcoming federal complaint as proof of retaliation and obstruction.


A Message to the Public

The McArthur family stands strong. Their courage represents every parent who has faced the fear of losing their children to a system that operates without accountability.


At Stolen Children by CPS, we will continue to speak the truth. We will continue to expose unlawful practices. And we will not stop until every family receives the justice they deserve.



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