Accused of child abuse--don't know what to do.

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dbarca
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Accused of child abuse--don't know what to do.

Postby dbarca » Fri May 05, 2006 4:08 pm

I've been accused of child abuse after spanking my son for lying and stealing. I believe in corporal punishment and I use a belt in this rare circumstance, which left some bruises. Police had no case and said so, but CPS has removed me and I feel devastated. My first court appearance went as I expected it might--the 5 minute hearing was scripted by the CPS and branded me an abuser with a history and my wife as unable to protect the kids. No contact is allowed, next hearing in 1 month.
What am I supposed to do? Attorneys say work with CPS, but all I hear are horror stories of lengthy, wacked-out SS programs, financial hardships, and more lies that judges believe. Attorneys looked powerless against CPS in hearing. How do I get back into my home to be the father of my children?

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Frustrated
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Postby Frustrated » Fri May 05, 2006 4:31 pm

I can relate. It is horrifyiing and devasting.

First of all, I wanted to say, this is a normal procedure, where Police gets to call CPS, they must report of any thing in suspect that is ASSOCIATED WITH CHILDREN. By law, they must report it to CPS.

Second, Police cannot do anything, because the Spanking Law (depends) on your State, does allow it, depending on Beliefs, Values, of a Family. There are some Corporal Punishement allowed in some state, very rarely can be used, but however the Criteria is very specific. It says you can spank with AN OPEN HAND on the buttocks and cannot leave a mark on the buttock of "said" child. The Criteria also specify that there is no other forms like belts, spoons, etc...etc...cannot be used on the Buttock or anywhere above the waist or on the head whatsover.

Which means, the Parents has by their PARENTAL RIGHTS to spank a Child with an OPEN HAND on the buttocks without leaving a mark. It can be allowed and can be dismissed in some states, but not all, but ALLOWED IN CANADA. However, the belt, was being said, so it overstepped the boundaries, and that is why the Police has to report to CPS to have it checked out and investigated. They must do an investigation before removal. They cannot just remove on a hearsay, or other claims. They must question the Children with Questions to find out if they were in fear of the Parent or not, and if they were spanked, and how often, and with what.

Third, there is alot of Parental Rights that Parents are allowed to exercise, and I would suggest you to read your Parental Rights, and if you have any beliefs, and so forth. CPS usually investigate and check for All Families's Tradition values, morals, family histories, and their habits. They will even check for backgrounds of each Families and what they believe in. They usually don't step in with Families that have STRONG TIES to their Religion that exercise Corporal Punishment. If you don't have these, then you are in the Country where they tell you you cannot do this anymore to any Children. They tell you you cannot do this or that...it is saddening indeed. They tell all the Parents, that they are wrong, and they must follow their Ideology, their ideas, their claims that it would work with natural consquences (sugar coat) the Children into something, but that is called Pampering them which can be disasterous. I have seen Children that gets away with it, does over power the Parents to do whatever they want. I have seen it firsthand out there, that Parents just gave up because they fear that they might lose their Children to CPS, and they merely almost do nothing to discipline their Children because they are scared!

What we will be looking at is: Years and Years of undisciplined Children, and you know what will happen? No order in the World, and there would be more chaos than the one that are properly disciplined and know the difference between rights and wrongs.

But that is my own Opinion, maybe other Parents think differently than me, BUT that is OK! Because that is what makes every Parents Unique. There is a difference between beating up a Child and correctly discipline a Child to tell the Child that it is wrong. My opinion that every Parent has a Right to exercise to do what they think is RIGHT! by their Children and to correct their mistakes.


You might have to work with them, because they are already removed and there is no contact for you, so the only way is to jump through their unpleasant hoops, and do whatever they tell you to do, so you can get back to your Family. (hold your breath, and do their Mind Controlling Services or whatever). Take Parenting Classes, or whatever it takes, whatever it takes to see your Children. Children belongs with the Natural Parents. They don't belong to the Government. Your Beliefs, what your Parents brought you up, and your ancestors before you, and you turned out okay, right? Everyone turned out okay, and had NO Criminal Records whatosever. But that differs from person to person, everyone is not perfect!

CPS thinks they are Perfect! I say, hey, remember NO ONE is Perfect. Everyone is trying their hardest best to raise their Children they know how (by example) from their ancestors.

Just do whatever it takes to see your Children. I would suggest you to just do it all and don't miss it, and you will get back in there in no time at all. This is going to be the hardest thing you will ever, ever do in your whole life. It might take up to a Year or in some, 6 months. Some can take up to 2 years. Mothers, know this very well, it is worst than having a Child Birth, and it is very painful and emotionally painful. I know this from experience and every one does around here, feels just the same.
It is easy to steal from poor people. But don't do it. And don't take advantage of those poor people in court. The Lord is on their side. He supports them and he will take things away from any person that takes from them.~ Proverbs 22:22

Dan Sullivan
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Re: Accused of child abuse--don't know what to do.

Postby Dan Sullivan » Fri May 05, 2006 5:09 pm

dbarca wrote:I've been accused of child abuse after spanking my son for lying and stealing. I believe in corporal punishment and I use a belt in this rare circumstance, which left some bruises. Police had no case and said so, but CPS has removed me and I feel devastated. My first court appearance went as I expected it might--the 5 minute hearing was scripted by the CPS and branded me an abuser with a history and my wife as unable to protect the kids. No contact is allowed, next hearing in 1 month.
What am I supposed to do? Attorneys say work with CPS, but all I hear are horror stories of lengthy, wacked-out SS programs, financial hardships, and more lies that judges believe. Attorneys looked powerless against CPS in hearing. How do I get back into my home to be the father of my children?


What state are you in?

How bad were the bruises?

How long did they last?

Did you see them?

Photographs?

Why did the police drop the case?

Have you signed anything?

Has CPS given you a plan of some sort?

Don't sign anything till you post the specs here.

Best, Dan

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Dazeemay
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Postby Dazeemay » Fri May 05, 2006 6:08 pm

These are the spanking laws for every state.

http://familyrightsassociation.com/info ... g_laws.htm
**************************************

This is a case law on spanking and I would encourage you to read it. Because case laws make what ever they rule as binding until another case law can be shown that it is not binding.

http://lawprofessors.typepad.com/family ... ta_su.html

Case Law Development: South Dakota Supreme Court Says Spanking Unruly Child May Constitute Child Abuse
Without ruling that spanking an unruly child with a belt goes beyond the boundaries of a state law allowing corporal punishment, the South Dakota Supreme Court has decided that a Huron woman went overboard in correcting her daughter. It observed that “While the spanking left no bruises on C.F., it did leave her with enough pain that she sat down in a guarded manner . . . some thirty to forty-five minutes after the strikes were administered.” The decision upheld an earlier ruling by Circuit Judge Jon Erickson, who said it was child abuse when the girl was struck several times on the buttocks with a belt. In 2002 the South Dakota House Judiciary Committee rejected a measure that would have made spanking a child abuse felony. Sources: usatoday.com., HSLDA.org. Please click here for current story (last visited January 4, 2006, reo). Please click here for 2002 story (last visited January 4, 2006, reo). The decision by the South Dakota Supreme Court, In the Interests of C.F., filed December 28, 2005, may be found here (last visited January 4, 2006, reo).

Additional information on this topic can be found at: Professor Barbara Glesner-Fines, Family Law Prof Blog, posted December 20, 2005, Case Law Development: “When is Spanking a Grounds for Termination of Parental Rights?”
*****************************************************
This is the hearing report and very informative

http://www.sdjudicial.com/index.asp?cat ... ecord=1490
****************************************************

If you as posters have any comments on this after reading it please go to the Roundtable Forum to discuss the issue so that we do not lose the posters original intent to get help.

As we all know this is a very controversial subject.
**********************************
This is not legal advice;hopefully wisdom

To put it in simple terms…when the authorities ARE the perpetrators and the perpetrators ARE the authorities, there is no earthly justice or recourse, at the end of the day (unless the American people wake up).

Therefore, those who have achieved the highest levels of power seek to ‘enjoy’ the most grievous and extreme injustices. For many of those in the highest circles of power, the greatest statement of power is to perpetrate the greatest possible injustice…the savage, brutal traumatization and abuse of an innocent child.
http://themurkynews.blogspot.com/ MattTwoFour

"Ultimately, the law is only as good as the judge" --- D.X. Yue, 2005, in "law, reason and judicial fraud"
http://www.parentalrightsandjustice.com/index.cgi?ctype=Page;site_id=1;objid=45;curloc=Site:1

ch004496
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Postby ch004496 » Fri May 05, 2006 6:34 pm

almost the same thing as what I am going through. My step-son was caught trying to molest my 4 year old daughter and I spanked him with a belt, I am really small only 120 pounds and he weights half of that. Anyway he moved and I accidently hit his back and left a bruise, which he bruises easily. Now my children are gone and he looks like the vict. and my daughter and I are the back guys. My children have never had a mark before either. He also had several other bruises from the other brothers and him fighting, using whatever that they could get their hands on to fight with. I even got some bruises from breaking them up.

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Frustrated
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Postby Frustrated » Fri May 05, 2006 7:01 pm

same here, my Son was caught trying to expose himself sexually to my other Daughters, and we corrected him by spanking with an open hand, but we stopped that about a year ago....since we stopped his spanking, his behavior esclated to the point where it broke up my Relationship with my long term partner of 7 years which do share a younger Daughter with me. CPS told us to stop spanking and do other options, and we did that, but to no avail. My Son's behavior is still there but it is decreasing because we are constantly on top of him, watching his every move which is stressful enough for all of the Family. My son has O.D.D. Oppositional Defiant Disorder, so you know what a handful he was, and even the Principal admitted to me by Email saying he cannot handle my Son, and my Son is 12. He won't take him to Field Trips and leaving him behind at School all because of his Behavior. CPS are always constantly watching our every move...

It is Stressful enough. It is also stressful when they keep poking their noses and tell you you are wrong. SO it is wrong to stop him from sexually exposing to my Daughters? Was it our responsiblity to PROTECT our Girls? and they are telling us, we can't do a damn thing?

My Partner got stressed out and frustrated, to the point that he got madder and angry, because the point is going no where and CPS are not helping my Son at all. NONE! They would tell you to do it yourself! IF you do something wrong, they will remove the Children. AHA, how convienent......

So in other words, so there are no Rights, and there are no WRONGS, so there are almost nothing to go on? It is like they tell us to stop doing what my Son is doing...but they say if we stop, it would be "failure to protect"? We are doing something about it, and stopping it! And? they tell us, we are wrong?

Is it our duty to protect the Girls from the Son that has behavioral problems and are already hurting other Kids at School? They say it was our fault. Us....

Now, my Partner is gone, and I am left with this problem...all myself. I bet that CPS will be watching me...I am emotionally over wrought....and stressed out. I have to watch every move that my Son makes...and not to hurt the Children and others. He is a danger to others, and it is my responsiblity to ensure that other welfare are protected. Am I wrong? WHY are we up for Child Abuse for? Would you protect Children from Sick Children?

We even gone for Counselling and they are trying to help...but don't know how? It is not CPS Counselling, I had to go get one myself! Because CPS did not do a damn thing, they were supposed to get Counselling but failed to do so. THEY KNEW that my Son has Sexual Tendencies, and behavioural problems including O.D.D. and they DON'T DO A DAMN THING!

Now they are saying that my Partner can't see my Children and that he is the problem? What about my Son? He is the one that has the problem! and the sad thing that...no one is helping him. Who's fault if no one is out to help him and he will reoffend and do it to some Girl?

Gosh, we live in a Sick World...and no one is helping each other, all they love was "Misery loves Company" and THAT IS JUST WHAT THEY ARE DOING and loving every minute of it, loving to see Families and People suffer under their control and our wrath are marked along the way. I don't understand why CPS won't help my Son? What for? Are they waiting until he becomes a Sexual Offender then they will step in? Would that be until he becomes 18? 25? if not --- when? That is stupid! They should have fixed him when he is younger, NOT later! Why wait? If the CPS wanna "to come and see" if he is indeed sick, then it will be too late. :roll:

Oh that sounds like I have a good Lawsuit right here for "failure to help" for my Son's needs. CPS was given orders from my Psch. Doctor to get HELP for my SON immediately and it was ignored and CPS did not seek Help for my Son?

Why?

So....it is up to the Parents to do what's right...correct them before they do something wrong. Right folks? Would you want somebody sexually molest a small children in the neighbourhood? I don't. Why is he not getting Help?

You know something? It is like Florida all over again...they like to keep Sexual Offenders out on the streets...they don't protect Children "good enough" and let these whackos molest Children in this way. I bet you, they never got "Help".

Do you recoken if Spanking can correct this problem? :shock:

If not-- then what?

Natural consquences? How? These Children that has Sexual Tendencies, often will repeat over and over....

Electrical shock? Their favorite toy...(very shocking) and I think it is abuse if it is used on Children? But I think it is okay on Sick Adults!

Medications? Would that be a permanent thing?

Counselling? Again --is it guaranteed?

Oh I am just so tired and CPS wants me to give it all up....

what for? to keep him on like that? I would like to sue them for failure to protect others.

:twisted:

I am sick of it and there are many Children that needs to be corrected properly. It depends on the personality of a Child, some are very easy and does not require Spanking, good....

But a repeated unruly Child needs correction. (especially the ones with Sexual Tendencies and to try molest others). Yes, most definetely. In order to protect other Children and the Society.

If CPS won't help my Son, then who?
It is easy to steal from poor people. But don't do it. And don't take advantage of those poor people in court. The Lord is on their side. He supports them and he will take things away from any person that takes from them.~ Proverbs 22:22

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Dazeemay
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Postby Dazeemay » Fri May 05, 2006 7:01 pm

Where are the children now?

Did you sign any papers for them and if you did what papers?
**********************************
This is not legal advice;hopefully wisdom

To put it in simple terms…when the authorities ARE the perpetrators and the perpetrators ARE the authorities, there is no earthly justice or recourse, at the end of the day (unless the American people wake up).

Therefore, those who have achieved the highest levels of power seek to ‘enjoy’ the most grievous and extreme injustices. For many of those in the highest circles of power, the greatest statement of power is to perpetrate the greatest possible injustice…the savage, brutal traumatization and abuse of an innocent child.
http://themurkynews.blogspot.com/ MattTwoFour

"Ultimately, the law is only as good as the judge" --- D.X. Yue, 2005, in "law, reason and judicial fraud"
http://www.parentalrightsandjustice.com/index.cgi?ctype=Page;site_id=1;objid=45;curloc=Site:1

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Frustrated
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Postby Frustrated » Fri May 05, 2006 7:30 pm

I still have my 3 Children. But in doing that, the partner of mine has to be out. He did not do anything to my Son to have this, it WAS my OTHER EX HUSBAND THAT exposed pornography to my Son and he still remembers it. I reported my EX Husband and CPS DID NOT DO A DAMN THING! :roll: The police said it was not "enough". Well now, you see that my Son is committing them, where did he get them from? Surely not my partner of 7 years, because he had done it since he was a toddler which was the time he spend with his Real Dad. I Left my Ex husband after my Son was 4 1/2 yrs old, and thereafter, my Son and my Daughter had visitation with my Ex husband (their real Dad) He did it again to them with exposure of Pornography and God knows what else? I reported him to CPS and the Police and they DID NOT DO A DAMN THING! They never charged him for Sexual indecency. I divorced my Ex husband afterwards, then met my Parnter, and we both disciplined our Son to prevent him doing just that to other Children and CPS DID NOT DO A DAMN THING! CPS wants my Partner out because he was too strict with my Son, with all that Spanking, and all that allegations CPS had with my Partner. My Ex husband? He never got a CPS Case. :roll: But My Ex Husband has a Criminal Record of Assault. Then the irony that my Ex Husband complained that my Son was being spanked by my Partner because my Son exposed himself to my Daughters and among other things and my Ex husband called CPS and now my Partner had about 5 cases against him (ALONE!) With me, nothing so far.

Now...they are probably considering doing another CPS Case against me for so called "Failure to protect"?

Psthhh, this is hogwash. I tried to protect! and CPS said "not good enough?" My Partner "TRIED" to help with me to stop all this, but CPS thinks my Partner is just "too wishy washy" and a wanna be Parent and he is not good enough for my Children. We always have Arguments about our Son. What to do with him? Our Girls were excellent and very Good Kids, and nothing are on them. NONE! It is always about the Son...My Partner got stressed out, and it got to the point, that he got frustrated because it is going no where. He tried his best and now they got him out. I am on my own on this one. I fear that they will try to take my Kids away because of my Son's actions. I even thought to give my Son up to get Psch. Medical Help this way in order to protect my Girls. He always hurt other people just like my Ex husband, who is very abusive. My Son still even remembers that his Real Dad choked the hell of my neck and he watched it all...and he choked little Children but mostly on my Daughter which is his Real Sister.

WHY is CPS NOT Pursuing on my Ex husband? Why always my partner? Is it because he is not the Real Dad? My Partner and I have been together for 7 years, and we argued to the point that he is being charged for Domestic Violence. We argued mostly on what to do about our Son. We tried, and tried...CPS not helping...our hands are tied...Counsellors don't do anything...

Saddening indeed. IF CPS knew of all of this, why are they keeping my Son with me and my Partner all along? What for? just to see if he can molest my Daughters? CPS are the ones who are really sick because they ain't helping my Son whatsover. It speaks like Foster Care all over again with so called Abuse out there...it just sounds and feels the same. CPS just let the Children be abused. That is what I think! CPS are NOT PROTECTION Agency, it is Aggression Agency or Imposed Agency or even "Abusing Children" Agency. I don't know what it should be called, but most definetely NOT PROTECTION "Agency".

Why?

Because they did not help us, That's why.
It is easy to steal from poor people. But don't do it. And don't take advantage of those poor people in court. The Lord is on their side. He supports them and he will take things away from any person that takes from them.~ Proverbs 22:22

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Dazeemay
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Postby Dazeemay » Sat May 06, 2006 10:10 am

I should have made that clearer.

I was asking the poster where his children are now.

dbarca,

Who has your children now?
**********************************
This is not legal advice;hopefully wisdom

To put it in simple terms…when the authorities ARE the perpetrators and the perpetrators ARE the authorities, there is no earthly justice or recourse, at the end of the day (unless the American people wake up).

Therefore, those who have achieved the highest levels of power seek to ‘enjoy’ the most grievous and extreme injustices. For many of those in the highest circles of power, the greatest statement of power is to perpetrate the greatest possible injustice…the savage, brutal traumatization and abuse of an innocent child.
http://themurkynews.blogspot.com/ MattTwoFour

"Ultimately, the law is only as good as the judge" --- D.X. Yue, 2005, in "law, reason and judicial fraud"
http://www.parentalrightsandjustice.com/index.cgi?ctype=Page;site_id=1;objid=45;curloc=Site:1

dasuberding
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Postby dasuberding » Sat May 06, 2006 12:47 pm

Here is what you do now...this is not legal advice but we have been in the same situation that you are in. First...fire your current lawyer. Second...do not agree to any of CPS's demands and if you do, comply until your child is home then tell them to take a leap. What they are doing is called extortion. Three...demand a jury trial and fast. The DA might try to delay to see if you fight the system. Basically, how long are you going to sit and take it. This is a violation of your due process rights. Also, if your child is lying and stealing and has a history of this, there is no way you will be convicted of child abuse. Four...get a copy of your states CPS policy manual and start holding them to it. In our case, I highly doubt that any of these idiots had ever read the manual (263 pages). I read it from cover to cover and they are now on their way to federal court to defend themselves for their incompetence and criminal acts.

Dan Sullivan
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Postby Dan Sullivan » Sat May 06, 2006 2:12 pm

dasuberding wrote: Here is what you do now...this is not legal advice but we have been in the same situation that you are in. First...fire your current lawyer.


So far there's been a five minute hearing and the next hearing is scheduled in a month.

dasuberding wrote: Second...do not agree to any of CPS's demands and if you do, comply until your child is home then tell them to take a leap. What they are doing is called extortion.


A simple reading of dbarca's post would show none of his children were removed from their home.

Dbarca was removed.

If it was the other way around, if the children were removed and then returned, CPS would still retain legal custody, so telling CPS to take a leap would be the last thing I would suggest this man to do.


dasuberding wrote: Three...demand a jury trial and fast. The DA might try to delay to see if you fight the system. Basically, how long are you going to sit and take it. This is a violation of your due process rights. Also, if your child is lying and stealing and has a history of this, there is no way you will be convicted of child abuse.


Dbarca wrote that the police said they had no case...

So there's no criminal charges, no jury trial, no violation of due process, and no chance of conviction.

I would get a copy of the police report and use it against the CPS case.


dasuberding wrote: Four...get a copy of your states CPS policy manual and start holding them to it.


I don't see what CPS hasn't complied with from their policy manual yet.

Mr. Dbarca wants to know "How do I get back into my home to be the father of my children?

The answer to that is prove that the children are safe and secure with him living with them.

He needs to show that the spanking wasn't abusive and didn't impare his son's condition.

I suggest he gets that done before the next court date.

That would be the best course of action for someone who wants to go home.

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Greegor
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Postby Greegor » Sat May 06, 2006 7:17 pm

dbarca: Did you or your wife "stipulate"?
Almost every family dragged into Juvenile Court
falls prey to what I call the "stipulation scam".
That would explain the 5 minute hearing.

Or is this hearing coming up in a month
the "adjudication" hearing?

Spanking is legal in all 50 states and
High Courts have said that spanking
is NOT the territory of CPS, but CPS
plays the old "shell game" with this right.

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Dazeemay
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Postby Dazeemay » Sat May 06, 2006 8:36 pm

Greegor,

Did you read the South Dakota case law I posted?
**********************************
This is not legal advice;hopefully wisdom

To put it in simple terms…when the authorities ARE the perpetrators and the perpetrators ARE the authorities, there is no earthly justice or recourse, at the end of the day (unless the American people wake up).

Therefore, those who have achieved the highest levels of power seek to ‘enjoy’ the most grievous and extreme injustices. For many of those in the highest circles of power, the greatest statement of power is to perpetrate the greatest possible injustice…the savage, brutal traumatization and abuse of an innocent child.
http://themurkynews.blogspot.com/ MattTwoFour

"Ultimately, the law is only as good as the judge" --- D.X. Yue, 2005, in "law, reason and judicial fraud"
http://www.parentalrightsandjustice.com/index.cgi?ctype=Page;site_id=1;objid=45;curloc=Site:1

Dan Sullivan
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Location: Long Island, New York

Postby Dan Sullivan » Sun May 07, 2006 3:46 am

Greegor wrote:dbarca: Did you or your wife "stipulate"?
Almost every family dragged into Juvenile Court
falls prey to what I call the "stipulation scam".
That would explain the 5 minute hearing.


A stipulation is an agreement to facts not in dispute.

dasuberding
Posts: 378
Joined: Sat Mar 12, 2005 3:26 pm

Postby dasuberding » Sun May 07, 2006 11:46 am

In reality, stipulation in juvenile court means "you agree to our safety plan, which benefits no one but CPS or we take your kids"...extortion. A lawyer in CA worded it as "admit to get". It's a scam...

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Dazeemay
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Postby Dazeemay » Sun May 07, 2006 11:50 am

Dan said,
He needs to show that the spanking wasn't abusive and didn't impare his son's condition.

I suggest he gets that done before the next court date.


How does he do that?
**********************************
This is not legal advice;hopefully wisdom

To put it in simple terms…when the authorities ARE the perpetrators and the perpetrators ARE the authorities, there is no earthly justice or recourse, at the end of the day (unless the American people wake up).

Therefore, those who have achieved the highest levels of power seek to ‘enjoy’ the most grievous and extreme injustices. For many of those in the highest circles of power, the greatest statement of power is to perpetrate the greatest possible injustice…the savage, brutal traumatization and abuse of an innocent child.
http://themurkynews.blogspot.com/ MattTwoFour

"Ultimately, the law is only as good as the judge" --- D.X. Yue, 2005, in "law, reason and judicial fraud"
http://www.parentalrightsandjustice.com/index.cgi?ctype=Page;site_id=1;objid=45;curloc=Site:1

Beverly
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Contact:

expungement

Postby Beverly » Fri May 12, 2006 8:17 am

I am devestated. We do foster care and our 2 boys were removed. We had an investigation and 2 weeks later they remove the boys. We are now on the registry and they won't tell us what for. We don't know what to do. I am just sick. We were looking at adopting the boys but now we can't do that either unless we can get it taken off the registry. We live in Nebraska and it is all done within the cps system not in the court. They have 3 classifiations ours was unsupstanciated I think is what they called it. I realize my spelling is really bad but I just can't think right now. All I can think of is the boys are not understanding what is going on and I know this is going to devistate them. Does anyone out there have any expereince with this at all and how long will this take to get our names removed? Thank you for any help you can give us.
Bev

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Enchanted*Forester
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Did you tell them you used a belt?

Postby Enchanted*Forester » Fri May 12, 2006 9:25 am

If you admitted to harming him, your best course of action might be to plead guilty and just go with the program ASAP. The longer it drags on, the longer it will take for them to put you through the hoops you'll have to jump through (parenting classes, counseling, anger management, etc.).

I'm on your side. I believe in spanking in the right circumstances, but our society is going to have us raising a bunch of manipulating youth who cry abuse when they don't get their way.

Good luck. Keep us posted.
Life is not measured by the number of breaths you take, but by the moments that take your breath away...

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Dazeemay
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Postby Dazeemay » Fri May 12, 2006 9:45 am

Beverly,

Enchanted * Forester is answering the original posters case

You need to post your case on the Newcomers or CPS Investigations forum as this thread is for the original posters case.

Answers for you here will get mixed with this posters case.
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This is not legal advice;hopefully wisdom

To put it in simple terms…when the authorities ARE the perpetrators and the perpetrators ARE the authorities, there is no earthly justice or recourse, at the end of the day (unless the American people wake up).

Therefore, those who have achieved the highest levels of power seek to ‘enjoy’ the most grievous and extreme injustices. For many of those in the highest circles of power, the greatest statement of power is to perpetrate the greatest possible injustice…the savage, brutal traumatization and abuse of an innocent child.
http://themurkynews.blogspot.com/ MattTwoFour

"Ultimately, the law is only as good as the judge" --- D.X. Yue, 2005, in "law, reason and judicial fraud"
http://www.parentalrightsandjustice.com/index.cgi?ctype=Page;site_id=1;objid=45;curloc=Site:1

User avatar
Dazeemay
Posts: 4135
Joined: Sat Mar 05, 2005 1:07 pm

Postby Dazeemay » Sat May 13, 2006 6:43 pm

This is a case law and it is important to your case to be presented to your lawyer or written into a Dec of Facts form or Objection and Corrections form.

You have not been back since you posted. I hope you read this.

Case Law Development: When is Spanking a Grounds for Termination of Parental Rights?
The Texas Court of Appeals concluded that "infrequent spankings of a child that leave "marks" or visible bruises 24 hours after the spanking" did not provide clear and convincing evidence of a parent's endangerment of the child to justify termination of parental rights. The court's opinion explores the propriety of corporal punishment, noting that it is "an increasingly controversial subject." The court cites a variety of cases from other jurisdictions and statistical reports on the declining frequency of corporal punishment, citing Deana Pollard, Banning Child Corporal Punishment, 77 TUL. L. REV. 575, 582 (2003). The court also cited studies regarding the prevalence of corporal punishment and suggestions that this may be an effective discipline tool. The court concluded that it is "not a court's function to determine whether parents measure up to an ideal, but to determine whether the child's welfare has been compromised." The court held that the evidence in this case was "both legally and factually insufficient to support a termination of parental rights."

In the Interest of J.A.J., 2005 Tex. App. LEXIS 10331 (December 13, 2005)
Opinion on the web at http://www.14thcoa.courts.state.tx.us/o ... onID=81549 (Last visited December 19, 2005 bgf)


http://lawprofessors.typepad.com/family ... index.html
**********************************
This is not legal advice;hopefully wisdom

To put it in simple terms…when the authorities ARE the perpetrators and the perpetrators ARE the authorities, there is no earthly justice or recourse, at the end of the day (unless the American people wake up).

Therefore, those who have achieved the highest levels of power seek to ‘enjoy’ the most grievous and extreme injustices. For many of those in the highest circles of power, the greatest statement of power is to perpetrate the greatest possible injustice…the savage, brutal traumatization and abuse of an innocent child.
http://themurkynews.blogspot.com/ MattTwoFour

"Ultimately, the law is only as good as the judge" --- D.X. Yue, 2005, in "law, reason and judicial fraud"
http://www.parentalrightsandjustice.com/index.cgi?ctype=Page;site_id=1;objid=45;curloc=Site:1


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