Constitutional Violations by CPS & the Family Courts

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Bob_Lynn
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Constitutional Violations by CPS & the Family Courts

Postby Bob_Lynn » Tue May 23, 2006 7:33 am

I copied the post here for your reference.

Keep in mind these factors.

1. All these violations are committed by CPS and/or the family court under color of law.
2. All these violations are systematic.
3. All these violations amount to a policy.

Amendment I. 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.

CPS violates all of these in several ways.

1. Religion - CPS often victimizes families for practicing religions that they don't approve of. They often abridge the practice of children's religions by either placing them in foster homes that are not of the same religion or ones that do not allow those children to practice their religion.

2. Freedom of Speech - CPS often issues "gag orders" to parents as to what they can or can't say and to whom (especially their own children).

3. Freedom of the Press - CPS often forbids parents to publicize their case.

4. Assembly - CPS often forbids parents to participate in demonstrations or join advocacy groups.

Amendment IV. 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.

This Amendment is most commonly brought up with regard to CPS violations. There are 5 ways CPS may be able to search a home and/or seize children: A warrant, a court order, consent, imminent danger and exigent circumstances. In some states, such as Pennsylvania, only the first 3 are authorized. Please note that consent is only consent when there is no intimidation, threat and/or trickery. Case law has suggested that virtually all unauthorized search and/or seizure is unreasonable. CPS violates this Amendment time and time again.

Amendment V. 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.

1. Witness against himself - CPS often violates this part by using threats (usually that they will steal the children) in order to get a "confession" out of the parent(s).

2. Deprived of Liberty - This is self-explanatory, once CPS invades your family, all of the family is deprived of liberty, especially the children who are incarcerated in foster "care". And of course, no DUE PROCESS is afforded.

Amendment VI. 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.

1. In most states if not all, there are laws on the books that make it a crime to reveal the name of the person who reported the family to CPS.

2. CPS often tells their victims they don't need an attorney.

Amendment VII. 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 judges and some states, deny a trial by jury.

Amendment VIII. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Please note that Supreme Court ruled that this Amendment only applies to a criminal case and as such it is not applicable in a civil rights case. In my opinion, the Supreme Court decision is bogus because there's nothing in the 8th Amendment that even hints at that and they've managed to convolute the entire Amendment (I read the opinion - the dissenting opinion was a thing of beauty).

Amendment IX. The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

This is a catch-all Amendment that protects all rights of all citizens that are not listed in the Constitution.

Amendment X. The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

What this says is basically POWER TO THE PEOPLE and not power to CPS. CPS works for WE THE PEOPLE and not the other way around as they'll have you believe and act.

Amendment XIII. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. Congress shall have power to enforce this article by appropriate legislation.

The minute the children are placed in foster "care", they are placed in a slave-like environment. The children are also subject to "adoption", which means that they are sold, much like slaves. Children are often put to work in foster "care", without compensation.

Amendment XIV. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

The above is only Section 1 of 5 sections, sections 2-4 are not applicable and section 5 reads "The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article".

1. CPS often abridges the privileges or immunities of citizens and deprives them of liberty without DUE PROCESS. Illegal search and seizure under color of law amounts to PROCEDURAL DUE PROCESS violations. Most of the other DUE PROCESS violations, including threats, imposition of unlawful preconditions to reunification, policies that violate constitutional rights, etc. amount to SUBSTANTIVE DUE PROCESS violations.

2. There is no equal protection of the laws when CPS victimizes families.

Article III Section 3. Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.

The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.

All government workers must take an Oath of Office to preserve, defend and protect the Constitution. A violation of such an Oath may warrant a charge of High Treason against the United States.

Article IV Section 2. The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.

Citizens individually are sovereign and therefore have privileges and immunities against CPS invasions under color of law.

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I think the above says it all in terms of Constitutional issues being a major part of one's defense in ANY court, especially the family or juvenile court.

Please feel free to correct, criticize or comment on any of the above.

Note, none of the above constitutes legal advice, just my very biased opinion.

Bob J.
We must not confuse dissent with disloyalty. We must remember always that accusation is not proof and that conviction depends upon evidence and due process of law. Edward R. Murrow

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