under state law for once children are removed from the family of the state needs to do one of three things within three days they need to file a petition in the court season three thena custody of the children there is no question in this case that at the time c p s entered my client's life and removed her children from her that her interest in having custody of her children was clearly establish even filing a petition for seven days instead of at that time the student has now been extended to three days is a violation of the parents liberty interest constitutionally protected the court did determine that as of the date of the removed world in that case that c p s worker could not have known that you would be determined that it was going to be a violation of the clearly established constitutional right clever since what the issue was was whether or not the c p s worker in that case the state worker in that case was under a reasonable belief that her actions were legal and they had a different statute their statute provided that they need to give forty eight hours notice for a hearing or you need to meet with the state needs to make arrangements with the parents there is such satisfactory to the state the determination in that case was that you cannot expect t parent with legal custody there is no need to file a petition if they are incidents have been made with apparent that was the assertion of the defendant that was not the court's holding that was the assertion of the defendant which the court then goes on to the the social workers construction of this language which talked about making arrangements satisfactory with the parent what with this social worker what would have been reasonable for the social worker to do and here in our case your honor we have a statute that talks about achieving an agreement with a legal custodian and where the state has in its possession at that moment the divorce decree which determines that that person that they whether they'd let if they could have reasonably believed their conduct business and the reason that i believe that the reasonable jury could even determine that this was reasonable conduct is because this state after the defendant was told to do a number of things first of all she concedes that she was aware of a problem in the decree that might mean that she could she would meet my clients or the appellants and since that's why she raised the question in the first and second she concedes that she was instructed to go talk to the department of attorney generals and see what they would say about this she is trying to finesse this in an affidavit by seeing our office received information that it was not necessary but when pressed in her deposition she said well i never spoke to anybody and went further pressed and she was told well i think my supervisor was told but my supervisor never told me that i didn't need to get your client what the issue was whether or not at the time they were in with that they were still within three days whether or not they were going to proceed with this continued retention of the children by a voluntary agreement to place the children in foster custody which would have made it a conception to the court he would not have had to file a petition to obtain jurisdiction over the children because the legal  issue in her mind as to whether or not consent was required she was told to go talk to the attorney general she did not stand and states that she was not ever told that my client's consent was unnecessary and then statute even taking the children from my client and placing the children with the other parent who is not the physical custodian is a temporary foster custody the record has been an agreement between the department of human services and the father which was a foster custody agreement so the d the relationship here that was arranged was a foster custody arrangement i did want to point out in in response for the response to the question concerning reasonable missed after she had accomplished all  record in which she calls my client after she's made this determination and since i would like you to come into my office by november eighth which would have been the third business day and i would like to talked about signing a consen