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oracle
08-03-2001, 10:28 AM
This law must be repealled!

A State Agency With the Power to 'Kidnap With Impunity' (http://foxnews.com/story/0,2933,30915,00.html)

By Wendy McElroy
FoxNews


For Heidi and Neil Howard, giving birth to a terminally ill baby seemed punishment enough. But that was before the Massachusetts Department of Social Services stepped into their lives.

The department came knocking at the door to their home in the form of a "home visitor" sent by the hospital when the Howards' first baby girl was born with terminal health problems.

According to the Massachusetts News, the "home visitor" was a social worker who found the home in disorder. The kitchen was in the process of being remodeled. Over Heidi's objections and without identifying the true purpose of the call, the "home visitor" opened closets and quizzed her about her marriage. Then, she filed a report about the messy home and "stress" in the family – stress undoubtedly caused by having a dying child.

Their situation was complicated by a restraining order that Heidi says she was blackmailed into filing: the DSS allegedly threatened to remove their two boys, 10-year-old Christopher and five-year-old Ethan, if Heidi did not register a complaint against her husband even though she insisted no abuse had occurred. With a restraining order on file, the DSS seized the boys in November 1999.

In February 2001, another daughter, Jessica, was seized from her nursing mother on the grounds that the other children were already in DSS custody. No court hearing has been held on the two boys. Chester Darling, an attorney for the Howards, has called the DSS "an agency ... that can kidnap children almost with impunity."

The Howards' case is not unique. Cases like theirs are occurring more frequently because state agencies now have a financial incentive to separate children from their parents and put them up for adoption.

The Adoption and Safe Families Act of 1997 is explicit about the rewards. Under a section called "Adoption Incentive Payment," the act says a state can receive as much as $4,000 for adopting-out a child. There is even a provision offering technical assistance "through grants or contracts ... to assist States and local communities to reach their targets for increased numbers of adoptions and, to the extent that adoption is not possible, alternative permanent placements, for children in foster care."

The money from incentives, grants, and contracts goes directly into the coffers of child protection agencies when they adopt-out children.

Who benefits? "Social workers, diagnosticians, attorneys, foster homes and group homes, to name a few," says Susan Jackson of CPS Watch, a watchdog organization that monitors Child Protective Services. "These folks are fed by a child abuse industry to the tune of well over $12 billion."

Collectively, they form the Child Abuse Industry.

...


Click here to read more (http://foxnews.com/story/0,2933,30915,00.html)

DesertFox
08-03-2001, 10:47 AM
Time to fight back.

The_RANDy_Corporation
08-03-2001, 11:46 AM
Free legal advise:

Never, ever let any part of the State, (especially child services) in your home without a valid warrant. I don't care what they say, or how nice they act, or what they threaten. Never, ever...under any circumstances.

**DONOTDELETE**
08-03-2001, 02:33 PM
What Randy said.

But then, only a miserable piece of sheeple would shake down someone's home without a warrant simply because they were invited in . . . and then bully a mother’s heart for her children. Shameful beyond belief. What are they feeding these swine?

These kinds of agencies apparently attract a certain strain of puritan that should be burned at the stake . . . after you kick its a**.

DesertFox
08-03-2001, 02:35 PM
Their passions forge their fetters.

Westbrook
08-03-2001, 02:39 PM
Very important!!!!!

Homeschool your children and join The Homeschool Legal Defense Association. They have gotten EXCELLENT results against the statist commie thugs. The PREMIER mistake is opening the door to any agent of the state without a warrant.

Click here for details -> The Home School Legal Defense Association (http://www.hslda.org)

Westbrook
08-03-2001, 02:45 PM
Following is one of MANY Home School Legal Defense Association victories ... <BLOCKQUOTE><font size="1" face="Verdana, Helvetica, sans-serif">quote:</font><HR>North Hudson DYFS v. Koehler Family
Appellate court reverses order allowing entry into the home

Filed: December 18, 2000, Jersey City.

Nature of Case: Bill & Shereelynn Koehler and their five children were the subject of a bogus referral to the New Jersey Department of Youth and Family Services ("DYFS") alleging that the children don't wear socks in the winter or sleep in beds. Relying on what he believed to be his Fourth Amendment right to be safe and secure in his home, Mr. Koehler refused to permit the DYFS caseworker to interview his children or inspect his home. On our advice, Mr. Koehler made DYFS go to court to get an order. DYFS proceeded to the Superior Court to request an order to investigate.

Rulings:


1/31/01
HSLDA represented the family at a hearing on the Motion to Show Cause why an order to investigate should not be issued. A Superior Court judge observed that the New Jersey child abuse investigation statute authorizes a court order to investigate when it is "in the best interest of the child." HSLDA's arguments that there was no probable cause to support the issuance of a court order were unheeded. The trial judge ruled that the children should be interviewed and the home entered for investigation. Though the children were interviewed in the presence of counsel immediately following the hearing, the order to investigate was scheduled 48-hours later. It was during that time that HSLDA applied to the Appellate Division for a stay and reversal of the order.
2/6/01
The Appellate Division granted the emergency application for a stay and gave both sides 48-hours to supply additional briefing.
2/9/01
After reviewing the briefs of all parties, the appellate court ruled that the order to investigate the Koehler home was in violation of the law and must be reversed. The Court explained, "[a]bsent some tangible evidence of abuse or neglect, the Courts do not authorize fishing expeditions into citizens' houses." The Court went on to say, "[m]ere parroting of the phrase "best interest of the child" without supporting facts and a legal basis is insufficient to support a Court order based on reasonableness or any other ground." <HR></BLOCKQUOTE>

**DONOTDELETE**
08-03-2001, 02:48 PM
<BLOCKQUOTE><font size="1" face="Verdana, Helvetica, sans-serif">quote:</font><HR> Free legal advise:
Never, ever let any part of the State, (especially child services) in your home without a valid warrant. I don't care what they say, or how nice they act, or what they threaten. Never, ever...under any circumstances. <HR></BLOCKQUOTE>
I was going to add what Westbrook has already stated. Keep ANY govt. person out of your home and off your property, unless they have a warrant. And if they hand you a warrant, READ IT!! Insure that the actions they undertake in ostensible compliance with that warrant are indeed specified in that warrant.

Westbrook
08-03-2001, 02:57 PM
<BLOCKQUOTE><font size="1" face="Verdana, Helvetica, sans-serif">quote:</font><HR>Originally posted by sear:
And if they hand you a warrant, READ IT!! Insure that the actions they undertake in ostensible compliance with that warrant are indeed specified in that warrant.<HR></BLOCKQUOTE>Exactly!!

The warrant must name specific items to be sought and specific places in which to seek them. Getting a warrant for CPS investigations is very difficult, since specifics are so hard to come by when the information was fabricated, as it so often is in CPS cases. That's why they take the chance to just knock and intimidate their way in. As the court in the above case rightly discerned, such actions are nothing but "fishing expeditions", and I'll add, for no other reason than to justify their squalid bureaucratic existence.