Thursday, March 11, 2010

Child Protective Services true intentions

Over the years, I have been taken to task by CPS people for calling them KIDNAPPERS.

Oh the sanctimony! "We aren't kidnapping kids. We are doing what is in their 'best interest", you see? If it weren't for us watching out for kids 'best interest' they would be getting whippings and held responsible for their actions. If it weren't for us, some kids would DIE!"

Yeah well.. Want to see the LAW about that?

18 U.S.C. § 1203 : US Code - Section 1203: Hostage taking

(a) Except as provided in subsection (b) of this section, whoever, whether inside or outside the United States, seizes or detains and threatens to kill, to injure, or to continue to detain another person in order to compel a third person or a governmental organization to do or abstain from doing any act as an explicit or implicit condition for the release of the person detained, or attempts or conspires to do so, shall be punished by imprisonment for any term of years or for life and, if the death of any person results, shall be punished by death or life imprisonment.

So let's talk about the typical CPS case. What happens? CPS receives a "complaint". CPS acts on that "complaint". To "err on the side of caution", they remove the child from his/her home.

What's wrong with that?

There's the minor detail of the CHILD'S Fourth Amendment Right "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."

Why not arrest the alleged "perpetrator" instead?

Because that would be a CRIMINAL charge and the alleged perpetrator would receive his

Miranda, Fourth, Fifth, Sixth, and Fourteenth Amendment Rights and Constitutional DUE PROCESS.

Instead, parents get dragged with no defense through the unconstitutional family court system, trying to make CPS happy so they can get their kids back. See What Happens in the Fog

The child of course has not gotten a blessed thing but his absurd new "Best Interest Civil Right".

Happily, some of this "problem" was recently addressed in the Greene v. Camreta case. So now it is "discovered" that American kids actually have Constitutional Rights that certainly overcomes the "best interest" sacred cow of European Socialism.

So what about the legal definition of Kidnapping "...detain another person in order to compel a third person or a governmental organization to do or abstain from doing any act as an explicit or implicit condition for the release of the person detained, or attempts or conspires to do so.."

Well bunkie, what do you think about volunteering your Constitutional Rights away to "cooperate" with CPS and signing a Safety Plan?

These monsters aren't going to GIVE you your Constitutional Rights. If you don't KNOW your Constitutional Rights and DEMAND them, you are a slave.

In US. vs. Johnson, 76 F.Supp. 538, 540 (1947), Federal District Court Judge James Alger Fee ruled that-

"The privilege against self-incrimination is neither accorded to the passive resistant, nor to the person who is ignorant of his rights, nor to one indifferent thereto. It is a FIGHTING clause. It's benefits can be retained only by sustained COMBAT. It cannot be claimed by attorney or solicitor. It is valid only when insisted upon by a BELLIGERENT claimant in person." McAlister vs. Henkel, 201 U.S. 90, 26 S.Ct. 385, 50 L. Ed. 671; Commonwealth vs. Shaw, 4 Cush. 594, 50 Am.Dec. 813; Orum vs. State, 38 Ohio App. 171, 175 N.E. 876. "The one who is persuaded by honeyed words or moral suasion to testify or produce documents rather than make a last ditch stand, simply loses the protection. . . . He must refuse to answer or produce, and test the matter in contempt proceedings, or by habeas corpus."

“A slave is one who waits for someone to come and free him.” -Ezra Pound

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"Better be wise by the misfortunes of others than by your own." --Aesop (c. 550 B.C.) legendary Greek fabulist

If CPS hasn't attacked YOUR FAMILY yet, see If you are ever approached by anyone from social services.... and WHEN THEY COME AFTER YOU

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Leonard Henderson, co-founder

American Family Rights Association

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I am not a lawyer and I do not pretend to give legal advice. If you need legal advice, see AFRA's Lawyer Friends who certainly are not pretenders ( I merely relate the things I learned in the past that seemed to work in my own case or things that others have related to me that worked in their cases. I provide information for free and do not expect to receive any form of payment or reward on this side of heaven. Therefore, DO NOT rely on this information as legal advice. Real Legal advice would come from a real lawyer who hates CPS and prepares a VIGOROUS DEFENSE against a negative (proving nothing happened) instead an ATTORNEY ( talking you into a plea bargain (