Many of us believe that we have Constitutional rights, and until you become involved with CPS, it would be a logical assumption.
However the actions that CPS takes in their quest to fill adoption quotas, siphon money out of parents and taxpayers, and advance their careers and political aspirations, repeatedly and consistently violate and pervert the Bill of Rights.
An examination of the affected amendments in the Bill of Rights will make clear the illegality and unconstitutionality of CPS and the Family Court System, as well as the agencies that assist in these actions.
First Amendment: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Many recent CPS/Family Court cases have made the news because judges have issued gag orders on the parents for speaking out against CPS and trying to expose the abuses. One of the most well-known is the Justina Pelletier case, in which the Family Court judge early on in the case issued a gag order against the parents in an attempt to keep them from getting publicity to defend themselves.
When the family attempted to seek redress from government agencies, and secure the return of their daughter after CPS medically kidnapped her, CPS and the Family Court retaliated by restricting and then removing their access to their daughter.
This is the norm, not the exception. If a family does not agree with CPS intervention, does not comply with their service plan (even though it is NOT court ordered), or attempts to present a defense, CPS escalates the punitive actions against them accordingly.
Fourth Amendment: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Where do I begin with this Amendment?
CPS believes that they have the right to enter a private home without a warrant or probable cause. If they are denied permission, they will fabricate a reason and recruit police and Family Court assistance in procuring a warrant.
CPS will seize children from their parents without a warrant or probable cause. If the parents do not allow them into the home and they are unsuccessful in securing a warrant, they will often seize the children from school.
CPS will present fraudulent paperwork to police and the Family Court, manufacturing lies and fabricating evidence in order to secure warrants. They deliberately commit perjury in presenting falsely sworn paperwork to the court, yet are never held to task for their criminal offense.
Fifth Amendment: No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
The course of events in the Jon Massey Case demonstrates that the Grand Jury system has evolved to be only a tool of pre-conviction that a DA will use to predispose a jury pool. Additionally, by fraudulently changing the allegations on the eve of trial, the DA's office put Jon Massey in jeopardy of life and limb not once but twice.
What is more important is that CPS actually violates the Fourth Amendment in respect to the last two sections. Incredible as it may seem in this day and age, children are usually considered "chattel" or property in the eyes of the law. So when CPS comes in and seizes children without due process, they are violating the Fourth Amendment. Additionally, since the goal of CPS is to secure child support payments from the parents and/or government funding from the Federal Adoption Incentive, there is also the issue that the children have been taken for public use, as the funds received go into the public coffers. And there is no way that CPS could possibly give "just compensation" for the theft of a child from the parents and family members.
Sixth Amendment: In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.
One of the major issues in the Jon Massey Case was that it took a year and a half before his trial was held - three times the length of time allowed by law. Yet the motion to dismiss based on lack of timeliness was dismissed by the judge, who had full discretion to allow the prosecution as much time as he saw fit.
But not only does the criminal court (often an adjunct partner with CPS and the Family Court) fail to uphold the Constitution, Family Court and CPS fail to do so also. After all, even though Family Court is allegedly a civil proceeding rather than criminal, the level of penalties imposed during Family Court matters are often as punitive as any handed out in a criminal court, and so the court should be held to the same standard. Yet one of the most transparent tactics that CPS utilizes is dragging out cases in an attempt to wear the parents into submission or run them out of money to pay for attorneys. Then CPS turns around and uses the length of the court action against the parents in an attempt to terminate their rights.
Seventh Amendment: In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any court of the United States, than according to the rules of the common law.
Family Court cases are considered "civil" or "common law" actions, equivalent to law suits, and I don't think anyone would argue that the value of a human life is far in excess of twenty dollars. Yet there is no opportunity for parents to have a trial by jury to resolve their cases.
Additionally, even when matters brought forward by CPS are resolved in Family Court, they are continually brought forward at later dates and even used as the basis for continuing persecution of parents and families. CPS at this point in time actually has begun to track foster children, and to seize their children on the basis of them having been in foster care.
Eighth Amendment: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Can anyone think of a more cruel and unusual punishment for parents and children than what CPS does routinely - remove children from their parents, and inhibit or prevent contact between family members?
CPS and the Family Court System clearly violate six of the first ten amendments to the Constitution. They pervert the intent of our founding fathers to secure some basic rights to help ensure justice.
The agency and system that was supposed to protect children against "perverts" have themselves become perverted.
Speak out against CPS and Family Court Corruption!
However the actions that CPS takes in their quest to fill adoption quotas, siphon money out of parents and taxpayers, and advance their careers and political aspirations, repeatedly and consistently violate and pervert the Bill of Rights.
An examination of the affected amendments in the Bill of Rights will make clear the illegality and unconstitutionality of CPS and the Family Court System, as well as the agencies that assist in these actions.
********************
First Amendment: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Many recent CPS/Family Court cases have made the news because judges have issued gag orders on the parents for speaking out against CPS and trying to expose the abuses. One of the most well-known is the Justina Pelletier case, in which the Family Court judge early on in the case issued a gag order against the parents in an attempt to keep them from getting publicity to defend themselves.
When the family attempted to seek redress from government agencies, and secure the return of their daughter after CPS medically kidnapped her, CPS and the Family Court retaliated by restricting and then removing their access to their daughter.
This is the norm, not the exception. If a family does not agree with CPS intervention, does not comply with their service plan (even though it is NOT court ordered), or attempts to present a defense, CPS escalates the punitive actions against them accordingly.
********************
Fourth Amendment: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Where do I begin with this Amendment?
CPS believes that they have the right to enter a private home without a warrant or probable cause. If they are denied permission, they will fabricate a reason and recruit police and Family Court assistance in procuring a warrant.
CPS will seize children from their parents without a warrant or probable cause. If the parents do not allow them into the home and they are unsuccessful in securing a warrant, they will often seize the children from school.
CPS will present fraudulent paperwork to police and the Family Court, manufacturing lies and fabricating evidence in order to secure warrants. They deliberately commit perjury in presenting falsely sworn paperwork to the court, yet are never held to task for their criminal offense.
********************
Fifth Amendment: No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
The course of events in the Jon Massey Case demonstrates that the Grand Jury system has evolved to be only a tool of pre-conviction that a DA will use to predispose a jury pool. Additionally, by fraudulently changing the allegations on the eve of trial, the DA's office put Jon Massey in jeopardy of life and limb not once but twice.
What is more important is that CPS actually violates the Fourth Amendment in respect to the last two sections. Incredible as it may seem in this day and age, children are usually considered "chattel" or property in the eyes of the law. So when CPS comes in and seizes children without due process, they are violating the Fourth Amendment. Additionally, since the goal of CPS is to secure child support payments from the parents and/or government funding from the Federal Adoption Incentive, there is also the issue that the children have been taken for public use, as the funds received go into the public coffers. And there is no way that CPS could possibly give "just compensation" for the theft of a child from the parents and family members.
********************
Sixth Amendment: In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.
One of the major issues in the Jon Massey Case was that it took a year and a half before his trial was held - three times the length of time allowed by law. Yet the motion to dismiss based on lack of timeliness was dismissed by the judge, who had full discretion to allow the prosecution as much time as he saw fit.
But not only does the criminal court (often an adjunct partner with CPS and the Family Court) fail to uphold the Constitution, Family Court and CPS fail to do so also. After all, even though Family Court is allegedly a civil proceeding rather than criminal, the level of penalties imposed during Family Court matters are often as punitive as any handed out in a criminal court, and so the court should be held to the same standard. Yet one of the most transparent tactics that CPS utilizes is dragging out cases in an attempt to wear the parents into submission or run them out of money to pay for attorneys. Then CPS turns around and uses the length of the court action against the parents in an attempt to terminate their rights.
********************
Seventh Amendment: In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any court of the United States, than according to the rules of the common law.
Family Court cases are considered "civil" or "common law" actions, equivalent to law suits, and I don't think anyone would argue that the value of a human life is far in excess of twenty dollars. Yet there is no opportunity for parents to have a trial by jury to resolve their cases.
Additionally, even when matters brought forward by CPS are resolved in Family Court, they are continually brought forward at later dates and even used as the basis for continuing persecution of parents and families. CPS at this point in time actually has begun to track foster children, and to seize their children on the basis of them having been in foster care.
********************
Eighth Amendment: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Can anyone think of a more cruel and unusual punishment for parents and children than what CPS does routinely - remove children from their parents, and inhibit or prevent contact between family members?
********************
CPS and the Family Court System clearly violate six of the first ten amendments to the Constitution. They pervert the intent of our founding fathers to secure some basic rights to help ensure justice.
The agency and system that was supposed to protect children against "perverts" have themselves become perverted.
Speak out against CPS and Family Court Corruption!
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