Parental rights

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Marina
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Parental rights

Postby Marina » Wed Jul 12, 2006 2:01 pm

Parental rights during CPS investigation

TEN TIPS WHEN THE SOCIAL WORKER IS AT YOUR DOOR
Detective Robert R. Surgenor (Retired)
Family Defense Network of Ohio
http://www.fdno.org/10_tips.html

Written by Suzanne Shell, author of Profane Justice
http://www.syc.org/petition.html

link obsolete
Parents and other individuals have the right to refuse to be interviewed by the CPS representative, to provide information and refuse services offered. However, CPS may proceed with the investigation and file a dependency petition in the juvenile court when it is necessary to protect a child


HHS
http://aspe.hhs.gov/hsp/CPS-status03/summary


-------------------------

http://www.reason.org/ps262.html

Because the intervention is carried out under the auspices of social services, the entire process of investigating the family and interviewing the children involved is done without a warrant and without due-process guarantees.


- - - - - - - - -
http://www.emmasmith.org/KnowYourFamily ... ndbook.htm

CHILD PROTECTIVE SERVICES
AND THE JUVENILE JUSTICE SYSTEM
1. “Know your rights before you talk to anyone from CPS, they won’t tell you your rights.
CPS can’t do anything without your consent”
A guide to protect the constitutional rights of both parents and children.
Last edited by Marina on Sun Dec 27, 2009 11:44 am, edited 4 times in total.

Still SickofUm
Posts: 79
Joined: Thu Jun 15, 2006 7:47 pm

What if?

Postby Still SickofUm » Wed Jul 12, 2006 5:50 pm

A judge ordered that my wife and kids get a psych eval. But not me. My wife gave the court jurisdiction by making a plea. Would it be best to cut ties like a quikie divorce? They are using her plea to access our children because we are legally married. Could I stop them if I was divorced. I gave no consent. There are no orders against me other than the usual supervised visitation.

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Postby Frustrated » Wed Jul 12, 2006 7:59 pm

Your Case is similar to mine. My Partner left and CPS harrassed me some more...just made it worst because I am a SINGLE MOM with 3 Children. If you divorced the Wife, they will harrass her more because all of a sudden she is a Single Mom. My Partner refused to speak to CPS, and yet he was never offered Services, never offered anything but CPS did with me, and my Children. I thought they say that my Partner was the accused, but now they say I was? It could very well go on REVERSE, if you divorce your Wife, they will screech to a halt and will look at the Mother then. She will be persecuted and the Children too. The reason they put Services to her, because she is a good prey, weak one same for me, they thought I was the weak one so they attack me than my Partner. But my Partner was the accused for 6 years long, we had 6 Cases already, and now they changed the VENUE, and put it on ME, since he has left the building. I think in my opinion, if you left the house, they will look on the Mother more because there is nothing to go on, so they will conjure something up with the Mother just to make a Case. IT is like an ADDICTION FOR CPS...

It is like this: A DRUG for CPS, making CASES...if one person left, they have nothing to GO ON...where to go???? [email protected]! here's the mother, the weak prey, and let's attack her and make new Case then. It will be NEVER BE OVER!

If I were you, I would either:

1. Ride it out and have it in COURT HAVING A TRIAL.

2. Divorce her BUT TELL HER TO MOVE! But wait till the CASE IS CLOSED! THEN SHE HAS TO MOVE!~ So this way CPS can't go after her. Move to a different State. This way CPS can't harrass her anymore.

For me, we are going to ride it out and FIGHT CPS. HAVE IT IN COURT! Because we never went to Courts, not after 6 years, we only had one Criminal Court and the Judge THREW IT OUT AND DISMISSED THE CASE! then CPS closed the Case.

It is not easy. I know she would be scared to lose her Children. I can understand the feeling. But she has to move out of the hell hole she is in. I know you would be protecting her if you divorced her, but believe me, it is NOT OVER!!!!! CPS will be looking at the Mother for something else like...."failure to protect" or something, they will make one UP! They are back harrassing ME! My Partner left and yet they are STILL HARRASSING ME! I am going to consider Civil Lawsuit against these Frauds. That'll make them accountable for WHAT THEY DID TO ME AND MY CHILDREN. The Children has been mentally damaged because of harrassement and repetitive Questioning! The Children has seen so much and they learned distrust and fear the Police and CPS in DISGUST!
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

Still SickofUm
Posts: 79
Joined: Thu Jun 15, 2006 7:47 pm

We live at seperate residences

Postby Still SickofUm » Thu Jul 13, 2006 1:57 am

I have not seen or talked to my wife in nearly five weeks! She changed her phone number. The Judge tells me that I'm not allowed to E-mail my wife or contact her in any way! To me that's the same as a PPO. without the order! The real reason they are keeping me from everybody, is because If we all had communication, I could have stopped this nonsense before it got going!

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Postby Marina » Thu Jul 13, 2006 11:44 am

TEN TIPS WHEN THE SOCIAL WORKER IS AT YOUR DOOR
Detective Robert R. Surgenor (Retired)
Family Defense Network of Ohio

http://www.fdno.org/10_tips.html

4) The same rule applies whenever an officer of the court, be it a social worker, police officer, or deputy sheriff, wants you to do anything against your will. You cannot be made to "report to the office" of the social worker or to "bring your children in for an interview" without being served with a court order. Only a judge or magistrate, presented with evidence that you have committed a crime, can issue an order that you are obligated to obey.

Still SickofUm
Posts: 79
Joined: Thu Jun 15, 2006 7:47 pm

I've alway's believed it

Postby Still SickofUm » Thu Jul 13, 2006 2:06 pm

I even practiced this till the fullest. You know where it got me? Hancuffed and thrown in a police car! While they stole my children. The whole time I demanded to see this court order! I was told by the police, "I don't have to show you Jack". As many times as I have brought this up. I got no where! I know what my rights are. The State courts just don't care. This is going to be my main focus when I get argue my "Motion to Dismiss" next week. To tell you the truth, I was shocked that the Judge accepted it! I'm used to them throwing them up in the air and saying, this isn't proper!

Marina
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Postby Marina » Sat Jul 15, 2006 8:25 am

Petition
Written by Suzanne Shell, author of Profane Justice


http://www.syc.org/petition.html

The right to the free exercise of their religion...

The right to free speech. Many parents are ordered by the courts not to speak publicly about the violations of rights that they and their children suffer at the hands of the State ...

The right to freedom of the press. Parents and children have been ordered by the Court to remove all Internet web sites that publicize the injustices ...

The right to peaceably assemble. Parents have been penalized by CPS agencies when they gather with other falsely accused parents and become pro-active...

The right to petition the Government for redress of grievances. Parents' petitions to elected representatives at the local, state, and federal levels go unanswered and unresolved while their and their children's rights are casually trampled by CPS agencies...

The right to keep and bear arms. Thousands of parents daily are being denied the right to keep and bear arms under the domestic violence laws...

The right to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures. While nobody can enter someone's home and simply confiscate their television, CPS agencies routinely enter a family's home without probable cause, without warrants, without court orders and many times with force and casually remove the children to places unknown without any evidence of abuse or neglect...

The right to be free from Warrants issued, but on probable cause, supported by Oath or affirmations and particularly describing the place to be searched, and the persons or things to be seized. CPS agents and police officers, as a matter of routine, steal children without warrants...

The right to not be compelled to be a witness against himself. Parents are routinely ordered by the court to cooperate with CPS agencies, which means to disclose information that is often twisted and manipulated into lies and is presented as fact to the court...

The right not to be deprived of life, liberty or property without due process of law. Parental rights are effectively terminated when the CPS agent leaves the home with the children...

The right to a trial by jury. In all cases of Dependency & Neglect, where a child can be ordered removed from the home, where the parent can be ordered to comply with expensive and dubious treatment plans, a parent is denied the right to a trial by jury...

The right to be confronted with the witnesses against him and the inherent right to have free and unfettered access to all evidence and witnesses against them. Accused parents are denied the right to know and face their accusers...

The right to have compulsory process for obtaining witnesses in his favor. Parents often find that the witnesses they subpoena do not appear for court hearings...

The right to have the Assistance of Counsel for his defense and the inherent right to effective counsel for his defense. Again, we are dealing with an important issue, THE most important issue to most parents; their children. A parent is denied court appointed counsel UNLESS his rights are being terminated or he is facing criminal charges...

The right to be free from cruel and unusual punishment. Removing a child from a loving and non-abusive home is cruel and unusual punishment, for the child and for the parents...

The right to decide whether to have children or not, without fear of having those children forcibly or unwillingly removed without true due process of law. Under the law, parents whose parental rights have previously terminated involuntarily are now subject to having their rights terminated on any other existing children as well as any child yet to be born...

The right to raise said children with the values...
The right of a child to be raised by blood relatives ...
The right to refuse unwanted or unneeded medical or psychiatric evaluations...
The right of parents to select therapists, mental health professionals and medical practitioners of their own choosing...
The right of children to be with their parents and of parents to be with their children...
The right to be free from threats, duress, coercion, or intimidation...
The right to privacy; to refuse to sign releases...
The right to refuse to participate in unwanted or unneeded treatment plans...
The right to refuse to contract and to place themselves in debt at the order of the state...
The right to be legally protected from slanderous or libelous reports...
The right to be free of debtors' prison...
The right to assert their rights without suffering repercussions...
The right to the presumption of innocence...
The right that all men must live under the law...
The right to not be subjected to hearsay evidence...

Marina
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Parent's rights, PA- Call FBI about kidnapping

Postby Marina » Wed Jul 19, 2006 1:37 pm

Parent's rights in Pennsylvania

http://www.headsheldhigh.org/parentsrights.html

Marina
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CPS violates these in every case

Postby Marina » Thu Jul 20, 2006 9:13 pm


Marina
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Summary of Your Rights

Postby Marina » Sun Aug 27, 2006 6:54 am

http://www.cwla.org/childwelfare/fg09.p ... 2rights%22

Child Welfare League
Summary of Your Rights
and Responsibilities
as a
Parent Involved with the
Child Welfare System

Marina
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Postby Marina » Wed Sep 06, 2006 4:39 pm

Exactly what "legal rights" are taught to social workers?

- - - - - - -

Code of Virginia
§ 63.2-1502. Establishment of Child-Protective Services Unit; duties.

Quote:
There is created a Child-Protective Services Unit in the Department that shall have the following powers and duties:

6. To establish standards of training and provide educational programs to qualify workers in the field of child-protective services. Such standards of training shall include provisions regarding the legal duties of the workers in order to protect the constitutional and statutory rights and safety of children and families from the initial time of contact during investigation through treatment.

- - - - - -
U.S. Code
TITLE 42 > CHAPTER 67 > SUBCHAPTER I > § 5106

Quote:
§ 5106. Grants to States and public or private agencies and organizations

(F) for the training of personnel regarding the legal duties of such personnel and their responsibilities to protect the legal rights of children and families;


http://www.law.cornell.edu/uscode/html/ ... -000-.html

Marina
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Parental rights and common law

Postby Marina » Mon Sep 25, 2006 2:48 pm

Parental rights and common law

http://www.courts.state.va.us/opinions/ ... 260963.txt

COURT OF APPEALS OF VIRGINIA


Present: Chief Judge Moon, Judges Coleman and Willis
Argued at Salem, Virginia


THOMAS O. WILLIAMS, IV
AND
SARAH HASTY WILLIAMS
OPINION BY
v. Record No. 2260-96-3 CHIEF JUDGE NORMAN K. MOON
JUNE 3, 1997
THOMAS O. WILLIAMS, III
AND
FRANCES S. WILLIAMS

Marina
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Parental rights are inalienable rights

Postby Marina » Mon Sep 25, 2006 4:02 pm

Parental rights are inalienable rights

http://www.law.cornell.edu/supct/html/99-138.ZD1.html

JENIFER TROXEL, et vir, PETITIONERS v.
TOMMIE GRANVILLE

[June 5, 2000]

Justice Scalia, dissenting.

In my view, a right of parents to direct the upbringing of their children is among the “unalienable Rights” with which the Declaration of Independence proclaims “all Men … are endowed by their Creator.” And in my view that right is also among the “othe[r] [rights] retained by the people” which the Ninth Amendment says the Constitution’s enumeration of rights “shall not be construed to deny or disparage.”

Marina
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Universal Declaration of Human Rights

Postby Marina » Sat Oct 07, 2006 12:35 pm

Universal Declaration of Human Rights

http://www.un.org/Overview/rights.html

Article 16.
(1) Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.

(2) Marriage shall be entered into only with the free and full consent of the intending spouses.

(3) The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.

Marina
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Stanley v. Illinois, 1972

Postby Marina » Sat Oct 07, 2006 1:59 pm

Stanley v. Illinois, 1972

http://darkwing.uoregon.edu/~adoption/a ... leyvIL.htm

The Court has frequently emphasized the importance of the family. The rights to conceive and to raise one’s children have been deemed “essential,” “basic civil rights of man,” and “rights far more precious. . .than property rights.” “It is cardinal with us that the custody, care and nurture of the child reside first in the parents, whose primary function and freedom include preparation for obligations the state can neither supply nor hinder.” The integrity of the family unit has found protection in the Due Process Clause of the Fourteenth Amendment, Meyer v. Nebraska, the Equal Protection Clause of the Fourteenth Amendment, Skinner v. Oklahoma, and the Ninth Amendment, Griswold v. Connecticut. . . .

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Postby Marina » Fri Jul 18, 2008 7:02 pm

.

Parental Rights about what is done at school

http://www.lc.org/attachments/hres547_palmdale.htm

HRES 547 IH
109th CONGRESS

1st Session

H. RES. 547

Expressing the sense of the House of Representatives that the United States Court of Appeals for the Ninth Circuit deplorably infringed on parental rights in Fields v. Palmdale School District.

IN THE HOUSE OF REPRESENTATIVES

November 10, 2005

Mr. MURPHY (for himself, Mr. PITTS, Mr. POE, Mr. RYUN of Kansas, Mrs. MYRICK, Mr. GINGREY, Mr. KING of Iowa, Mr. GARRETT of New Jersey, Mr. KUHL of New York, Mr. PRICE of Georgia, Mr. MCHENRY, Mr. JINDAL, Mr. ISSA, Mr. DOOLITTLE, Mr. CHOCOLA, Mr. BARRETT of South Carolina, Mr. GOHMERT, Mr. ADERHOLT, Mr. KLINE, Mr. WESTMORELAND, Mr. TIAHRT, Mr. COLE of Oklahoma, Mr. WAMP, Mr. FORTENBERRY, Mr. RYAN of Wisconsin, Mr. BARTLETT of Maryland, Mr. ROHRABACHER, Mrs. MUSGRAVE, Mr. NEUGEBAUER, Mr. FEENEY, Mr. PENCE, Mr. HENSARLING, Mr. HOSTETTLER, Mr. SULLIVAN, Mr. MCKEON, Ms. HART, Mrs. BLACKBURN, and Mr. FRANKS of Arizona) submitted the following resolution; which was referred to the Committee on the Judiciary

RESOLUTION

Expressing the sense of the House of Representatives that the United States Court of Appeals for the Ninth Circuit deplorably infringed on parental rights in Fields v. Palmdale School District.

Whereas the Palmdale School District sent parents of elementary school students at Mesquite Elementary School in Palmdale, California a letter requesting consent to give a psychological assessment questionnaire to their first, third, and fifth grade students;

Whereas without the informed consent of their parents, the young students were instead administered a questionnaire that contained sexually explicit and developmentally inappropriate questions;

Whereas seven parents subsequently filed a complaint against the Palmdale School District in a Federal district court;

Whereas on November 2, 2005, a 3-judge panel of the Ninth Circuit Court of Appeals affirmed the decision of the United States District Court for the Central District of California in the case (Fields v. Palmdale School District) and held that parents `have no constitutional right . . . to prevent a public school from providing its students with whatever information it wishes to provide, sexual or otherwise, when and as the school determines that it is appropriate to do so';

Whereas the Ninth Circuit stated, `once parents make the choice as to which school their children will attend, their fundamental right to control the education of their children is, at the least, substantially diminished';

Whereas in Meyer v. Nebraska, 262 U.S. 390, 401 (1923), the Supreme Court recognized that the liberty guaranteed by the 14th amendment to the Constitution encompasses `the power of parents to control the education of their [children]';

Whereas the Supreme Court in Pierce v. Society of Sisters, 268 U.S. 510, 534-35 (1925), highlighted the Meyer doctrine that parents and guardians have the liberty `to direct the upbringing and education of children under control' and emphasized that `[t]he child is not the mere creature of the state; those who nurture him and direct his destiny have the right, coupled with the high duty, to recognize and prepare him for additional obligations';

Whereas in Wisconsin v. Yoder, 406 U.S. 205, 232-33 (1972), the Supreme Court acknowledged that `[t]he history and culture of Western civilization reflect a strong tradition of parental concern for the nurture and upbringing of their children. This primary role of the parents in the upbringing of their children is now established beyond debate as an enduring American tradition. . . . The duty to prepare the child for `additional obligations', referred to by the Court [in Pierce] must be read to include the inculcation of moral standards, religious beliefs, and elements of good citizenship';

Whereas a plurality of the Supreme Court has stated, `it cannot now be doubted that the Due Process Clause of the Fourteenth Amendment protects the fundamental right of parents to make decisions concerning the care, custody, and control of their children' (Troxel v. Granville, 530 U.S. 57, 66 (2000) (plurality opinion));

Whereas the Ninth Circuit's decision in Fields v. Palmdale School District presupposes that `parents make the choice as to which school their children will attend' when, in fact, many parents do not have such a choice;

Whereas the decision in Fields establishes a dangerous precedent for limiting parental involvement in the public education of their children; and

Whereas the rights of parents ought to be strengthened whenever possible as they are the cornerstone of American society: Now, therefore, be it

Resolved, That it is the sense of the House of Representatives that--

(1) the fundamental right of parents to direct the education of their children is firmly grounded in the Nation's Constitution and traditions;

(2) the Ninth Circuit's ruling in Fields v. Palmdale School District undermines the fundamental right of parents to direct the upbringing of their children; and

(3) the United States Court of Appeals for the Ninth Circuit should agree to rehear the case en banc in order to reverse this constitutionally infirm ruling.

END
.

Marina
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Postby Marina » Mon Jul 21, 2008 4:28 pm

.

http://www.hslda.org/docs/nche/000000/00000075.asp

Decisions of the United States Supreme Court Upholding Parental Rights as “Fundamental”


by Christopher J. Klicka, Esq.


.

Marina
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Postby Marina » Wed Jul 30, 2008 7:03 pm

.

http://www.connecticutdcfwatch.com/8x11.pdf

CHILD PROTECTIVE SERVICES
AND THE JUVENILE JUSTICE SYSTEM
A guide to protect the constitutional rights of both parents and children.

.

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littleplanet
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Joined: Thu Oct 13, 2011 10:31 am
Location: Toronto Canada
Contact:

Re:

Postby littleplanet » Mon Oct 17, 2011 10:26 pm

Marina wrote:Petition
Written by Suzanne Shell, author of Profane Justice


http://www.syc.org/petition.html

The right to the free exercise of their religion...

The right to free speech. Many parents are ordered by the courts not to speak publicly about the violations of rights that they and their children suffer at the hands of the State ...

The right to freedom of the press. Parents and children have been ordered by the Court to remove all Internet web sites that publicize the injustices ...

The right to peaceably assemble. Parents have been penalized by CPS agencies when they gather with other falsely accused parents and become pro-active...

The right to petition the Government for redress of grievances. Parents' petitions to elected representatives at the local, state, and federal levels go unanswered and unresolved while their and their children's rights are casually trampled by CPS agencies...

The right to keep and bear arms. Thousands of parents daily are being denied the right to keep and bear arms under the domestic violence laws...

The right to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures. While nobody can enter someone's home and simply confiscate their television, CPS agencies routinely enter a family's home without probable cause, without warrants, without court orders and many times with force and casually remove the children to places unknown without any evidence of abuse or neglect...

The right to be free from Warrants issued, but on probable cause, supported by Oath or affirmations and particularly describing the place to be searched, and the persons or things to be seized. CPS agents and police officers, as a matter of routine, steal children without warrants...

The right to not be compelled to be a witness against himself. Parents are routinely ordered by the court to cooperate with CPS agencies, which means to disclose information that is often twisted and manipulated into lies and is presented as fact to the court...

The right not to be deprived of life, liberty or property without due process of law. Parental rights are effectively terminated when the CPS agent leaves the home with the children...

The right to a trial by jury. In all cases of Dependency & Neglect, where a child can be ordered removed from the home, where the parent can be ordered to comply with expensive and dubious treatment plans, a parent is denied the right to a trial by jury...

The right to be confronted with the witnesses against him and the inherent right to have free and unfettered access to all evidence and witnesses against them. Accused parents are denied the right to know and face their accusers...

The right to have compulsory process for obtaining witnesses in his favor. Parents often find that the witnesses they subpoena do not appear for court hearings...

The right to have the Assistance of Counsel for his defense and the inherent right to effective counsel for his defense. Again, we are dealing with an important issue, THE most important issue to most parents; their children. A parent is denied court appointed counsel UNLESS his rights are being terminated or he is facing criminal charges...

The right to be free from cruel and unusual punishment. Removing a child from a loving and non-abusive home is cruel and unusual punishment, for the child and for the parents...

The right to decide whether to have children or not, without fear of having those children forcibly or unwillingly removed without true due process of law. Under the law, parents whose parental rights have previously terminated involuntarily are now subject to having their rights terminated on any other existing children as well as any child yet to be born...

The right to raise said children with the values...
The right of a child to be raised by blood relatives ...
The right to refuse unwanted or unneeded medical or psychiatric evaluations...
The right of parents to select therapists, mental health professionals and medical practitioners of their own choosing...
The right of children to be with their parents and of parents to be with their children...
The right to be free from threats, duress, coercion, or intimidation...
The right to privacy; to refuse to sign releases...
The right to refuse to participate in unwanted or unneeded treatment plans...
The right to refuse to contract and to place themselves in debt at the order of the state...
The right to be legally protected from slanderous or libelous reports...
The right to be free of debtors' prison...
The right to assert their rights without suffering repercussions...
The right to the presumption of innocence...
The right that all men must live under the law...
The right to not be subjected to hearsay evidence...




I read the entire petition...
This is just an absolutely gorgeous document!
I stood and applauded, when I finally finished reading it (it's long - but there's a lot to say...)
just let me laugh when it's funny
but when it's sad, let me cry


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