Friday, September 18, 2009

Beware of Bath Time Photos

A law suit was filed today in Arizona. The parents of two small children are filing suit against the State and Walmart. Just over a year ago, these parents submitted a photo memory stick for processing at Walmart. The memory included over 140 vacation photos, eight of which were photos taken of their small children during bath time.

When the photos were processed, the employee turned them over to the manager, who called the police, who called Arizona CPS, who removed the children from the home.

From all accounts, the photos were typical of photos many parents take of their little kids in such a situation. The police investigated and determined that the photos were not child porn and were regular bath time photos.

CPS kept the kids out of the home for a month before having to give them back. CPS then filed the paperwork with the Attorney General's office to remove the kids from the home, again. The parents had to hire an attorney to help them fight the State. Even though no one declared the photos to be porn and acknowledgement was given that they were typical of what many parents take, CPS pursued the case. It took nine months (until last May) when a judge ruled that CPS could not take the kids away from the parents.

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