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Unpaid Lawyers and Texas Supreme Court Save Constitution in FLDSMatter



 
 
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Old June 5th 08, 08:52 PM posted to alt.support.child-protective-services,alt.support.foster-parents,alt.dads-rights.unmoderated,alt.parenting.spanking
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Default Unpaid Lawyers and Texas Supreme Court Save Constitution in FLDSMatter

Unpaid Lawyers and Texas Supreme Court Save Constitution in FLDS Matter

http://beehivestandardweekly.com/art...olygamy-Ruling

Previously, the editors of the Beehive Standard Weekly expressed our
opinion that the raid on the polygamy compound was clearly an
infringement of civil rights upon the members of the FLDS church. The
Texas Supreme Court agrees and now the unraveling of this ugly civil
rights battle begins.

This is not to say that there won't be specific charges eventually
brought against individuals who have engaged in improper marriages with
underage persons, however, as a whole, the Texas Child Protective
Services and its henchmen should be held accountable for their atrocities.

We cannot close our eyes to the substantial infringements and damage
done by an overreaching and overzealous CPS agency. Their expressed
intent was to "protect" children involved with the FLDS religion. The
assertion CPS made was that this was not an attack upon the FLDS religion.

To an independent observer, this was exactly an attack on their
religion. Most Americans do not agree with polygamy and think the FLDS
is a backward, even oppressive religion and culture. Most do not agree
with the way the children are raised in this religion.

That being said, however, the lifestyle is one based upon religious
belief. It is no better or worse than the culture that has developed in
the inner-cities among the Black Americans. Most do not agree with the
culture, but it is not illegal to adopt the culture as a way of life or
to participate in the sub-culture that to others appears completely
self-destructive.

When CPS and its henchmen crashed the FLDS compound with tanks and
machine guns, it was a lowly moment in religious freedom within the
United States. Anyone with a brain could have fashioned a more measured
approach.

The lies to justify this outrageous behavior started from the beginning.
First, it was an affidavit from police officers about the children all
being in danger to the brain-washing culture of the FLDS. Then it was
the accusation that bedsheets were found "used" in the FLDS temple. Then
it was the alleged discovery of dozens of pregnant underage girls.

For weeks, these false accusations were strewn about and published in
papers throughout the United States. Most publications have never made
corrections to their earlier gossiping stories. Most readers still
believe that the FLDS was engaged in systemic abuse of children.

Those who have watched with a critical eye, however, know that, in the
majority, the children ripped from their families were peculiar, but
hardly abused.

Bit-by-bit we have seen the accusations made by law enforcement to
support their Nazi-like detainment of a religious group and confinement
of others lose credibility. First, we learned that these underage
pregnant women were actually adults -- in one case a 27 year old woman.

One lawyer put it very nicely: "I'm glad CPS is finally acknowledging
that my 27 year old client is an adult."

We often don't hear enough praise about the good that lawyers do. Make
no mistake, the unpaid lawyers working to correct the substantial wrong
done to the members of the FLDS church are entitled to their day in the
spotlight. Despite the slow development of the defense, it was a good
day for lawyers.

Of course, these same lawyers were able to show that the only child in
"danger" was one 16 year old girl who was potentially the subject of
sexual abuse. The number of children in "danger" went from over 400
persons to one isolated case. In any culture, you are going to find some
abuse. The one case that was discovered is statistically within the
margin of a normal population.

The first court to act to reverse the outrageous actions of the local
judge and law enforcement was the appellate courts in Texas. The higher
court found that the evidence submitted was hardly the type of evidence
required to remove children from the homes of their families.

CPS immediately filed an appeal to the Texas Supreme Court. Most telling
was the request of the Texas Supreme Court in asking CPS if they had any
more evidence than that which was found on the record. In other words,
the Texas Supreme Court was saying to CPS "You're kidding us right?
You've got to have more evidence to justify your stupid behavior than
what you have presented to us."

The Court gave CPS two more days to submit more proof. When they
couldn't present any more supporting evidence, the Texas Supreme Court
handed down the equivalent of a condemnation to CPS and a stern word or
two for the judge who had allowed the action against the FLDS families.

Though the high court allowed the local judge to set some parameters
around travel and access to the children by CPS, it ordered the
immediate return of the children to their families.

Without any real justification, the local judge delayed the return of
the children -- as if to say I don't care that the higher court thinks
that I am a dimwit, I still get to play with my gavel for at least
another day or two.

We are certain that it must be humiliating diving into such a mess full
throttle, only to find out the mess that was created was
unconstitutional and unjustified. Sadly, the judge, the local police and
CPS created their own monster and in the process trampled upon the civil
rights of a peculiar religion.

It makes you wonder what was the real story behind the David Koresh
massacre. Clearly, Koresh was a nut case, but was there an element of
religious intolerance in the rifle barrels of the Texas authorities?
Koresh fought back with violence, the FLDS only fought back with
lawyers. Clearly, the latter was the better tactic, but the FLDS
incident makes us pause as to how much spin was involved in the Koresh
incident. Sadly, the only ones who could tell their side of the story in
the Koresh massacre are all dead. The FLDS approach was a well reasoned
and ultimately brilliant strategy.

Instead of being ashes in the ruins of their temple, the FLDS now have
the opportunity to collect millions from the taxpayers of Texas for the
religious intolerance shown to them. The stories that could be told to a
jury would break the hearts of even the coldest of jury members.

It is likely that the FLDS, as a group, will probably go away quietly,
but they shouldn't. They should punish CPS to wear the badge of
intolerance that they have rightly earned. Every CPS member should have
to wear a swastika for just a day to remind them of how easy it is to be
part of a larger group that seems to be in the right in the sway and
passion of the moment, only to be "found out" when the evidence comes
rolling in.

Most alarming though was the lack of accountability. Where were the
naysayers? Who was standing up to say "stop, this isn't right." It took
lawyers from the big cities, who were working for free, to come in and
stop the madness.

The greatest harm done here was the breach of trust. The government has
the absolute authority to act absolutely, and without check upon
authority and power. This is the very thing that the founding father's
feared.

Every day there is a person acting with governmental authority and power
who has no check on that authority. They are taking children away from
their families "in their best interest," and unfortunately, those who
cannot afford legal representation have no means to fight off the
government. Certainly, in the majority, agencies like CPS probably do
more good than harm, but what about the times when they are blinded by
prejudice and bigotry?

In the end, the FLDS matter is a lesson to be taken to heart. Absolute
authority must have checks on power. The courts are often times
persuaded by law enforcement to issue warrants on affidavits of
assumption and not fact. The judge in this case could have and should
have limited the authority of CPS. The balance of power means a check on
abuse of authority. The courts exist to make sure that organizations
like CPS do not run astray.

Too often the police agencies use the courts as a formality and process
rather than a vetting process. Judges must not rubber stamp every
subpoena that crosses their desk. Subpoenas set civil rights aside for
the purposes of investigating criminal conduct. Judges must not forget
that short of issuing a subpoena, the authorities would be trespassing
on private property or "breaking and entering" or even converting
(stealing) personal property that they take into evidence. The subpoena
power is important, but it must not be abused.

In this instant matter, the judge was wrong to rely upon unfounded and
unsupported affidavits. That is what the Texas Supreme Court determined.
The scope of the subpoenas was too broad. The authority of CPS was
unchecked and the taking of the children was unjustified.

Thankfully, there were good lawyers and good judges who were willing to
step in and set the matter straight. Now perhaps, just perhaps, little
children in the FLDS church can go to bed in the arms of their parents
without the fear that they will be taken from their homes -- at least
for a little while longer until the next incident of intolerance rears
its ugly head again.





An Inconvenient Truth about Child Protective Services, Foster care, and
the Child Protection "INDUSTRY"

Child Protective Services Does not protect children...
It is sickening how many children are subject to abuse, neglect and even
killed at the hands of CPS.

every parent should read the free handbook from
connecticut dcf watch...

http://www.connecticutdcfwatch.com

Number of Cases per 100,000 children in the US
These numbers come from The National Center on
Child Abuse and Neglect in Washington. (NCCAN)
Recent numbers have increased significantly for CPS

Perpetrators of Maltreatment

Physical Abuse CPS/Foster care 160, biological Parents 59
Sexual Abuse CPS/Foster care 112, biological Parents 13
Neglect CPS/Foster care 410, biological Parents 241
Medical Neglect CPS/Foster care 14 biological Parents 12
Fatalities CPS/Foster care 6.4, biological Parents 1.5

Imagine that, 6.4 children die at the hands of the very agencies that
are supposed to protect them and only 1.5 at the hands of parents per
100,000 children. CPS perpetrates more abuse, neglect, and sexual abuse
and kills more children then parents in the United States. If the
citizens of this country hold CPS to the same standards that they hold
parents too. No judge should ever put another child in the hands of ANY
government agency because CPS nationwide is guilty of more harm and
death than any human being combined. CPS nationwide is guilty of more
human rights violations and deaths of children then the homes from which
they were removed. When are the judges going to wake up and see that
they are sending children to their death and a life of abuse when
children are removed from safe homes based on the mere opinion of a
bunch of social workers.

THIS IS AMERICA'S HIDDEN HOLOCAUST

Currently Child Protective Services violates more constitutionally
guaranteed liberties & civil rights on a daily basis then all other
agencies combined, Including the National Security agency/Central
intelligence agency wiretaping programs…

THE CORRUPT BUSINESS OF CHILD PROTECTIVE SERVICES
BY: Nancy Schaefer Senator, 50th District of Georgia

http://www.senatornancyschaefer.com/...s.php?filter=6

This is Child Protection?
By Gregory A. Hession, J.D.

http://www.jbs.org/node/4632

Mercenary Motherhood: "Memoirs of a Babystealer."

http://www.latimes.com/news/opinion/...nion-rightrail

FOSTER CARE IS A 80 PERCENT FAILU. A Brief Analysis of the Casey
Family Programs. Northwest Foster Care Alumni Study. By Richard Wexler

http://www.nccpr.org/reports/cfpanalysis.doc

HOW THE WAR AGAINST CHILD ABUSE BECAME A WAR AGAINST CHILDREN

http://www.nccpr.org/issues/1.html

Adoption Bonuses: The Money Behind the Madness
DSS and affiliates rewarded for breaking up families
By Nev Moore Massachusetts News

http://www.massnews.com/past_issues/...May/mayds4.htm

A recent study has found that 12-18 months after leaving foster ca

30% of the nation’s homeless are former foster children.
27% of the males and 10% of the females had been incarcerated
33% were receiving public assistance
37% had not finished high school
2% receive a college degree
50% were unemployed

Children in foster care are three to six times more likely than children
not in care to have emotional, behavioral and developmental problems,
including conduct disorders, depression, difficulties in school and
impaired social relationships. Some experts estimate that about 30% of
the children in care have marked or severe emotional problems. Various
studies have indicated that children and young people in foster care
tend to have limited education and job skills, perform poorly in school
compared to children who are not in foster care, lag behind in their
education by at least one year, and have lower educational attainment
than the general population.
*Casey Family Programs National Center for Resource Family Support

80 percent of prison inmates have been through the foster care system.

The highest ranking federal official in charge of foster care, Wade Horn
of the Department of Health and Human Services, is a former child
psychologist who says the foster care system is a giant mess and should
just be blown up.

http://abcnews.go.com/print?id=2017991

Four rigorous studies have found that at least 30 percent of America’s
foster children could be home right now if their parents had decent housing.

This study found thousands of children already in foster care who would
have done better had child protection agencies not taken them away in
the first place.

Front-page story in USA Today.

http://www.usatoday.com/news/nation/...m?csp=34#Close

Read the studies online.

Casey "alumni" study: "Improving Family Foster Ca Findings from the
Northwest Foster Care Alumni Study,"

http://www.casey.org/Resources/Publi...lumniStudy.htm

MIT study: "Child Protection and Child Outcomes: Measuring the Effects
of Foster Care,"

http://www.mit.edu/~jjdoyle/doyle_fo...arch07_aer.pdf

Texas comptroller's "Forgotten Children" reports:

www.window.state.tx.us/forgottenchildren

The bottom line? - Child Protective Services and the Foster Care system
for the most part turns out young adults that are nothing more than
walking wreckage...

CURRENTLY CHILD PROTECTIVE SERVICES VIOLATES MORE CONSTITUTIONALLY
GUARANTEED LIBERTIES & CIVIL RIGHTS ON A DAILY BASIS THEN ALL OTHER
AGENCIES COMBINED INCLUDING THE NATIONAL SECURITY AGENCY/CENTRAL
INTELLIGENCE AGENCY WIRETAPPING PROGRAMS....

CHILD PROTECTIVE SERVICES, HAPPILY DESTROYING THOUSANDS OF INNOCENT
FAMILIES YEARLY NATIONWIDE AND COMING TO YOU'RE HOME SOON...

BE SURE TO FIND OUT WHERE YOUR CANDIDATES STANDS ON THE ISSUE OF
REFORMING OR ABOLISHING CHILD PROTECTIVE SERVICES ("MAKE YOUR CANDIDATES
TAKE A STAND ON THIS ISSUE.") THEN REMEMBER TO VOTE ACCORDINGLY IF THEY
ARE "FAMILY UNFRIENDLY" IN THE NEXT ELECTION...
 




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