Saturday, May 3, 2014

COURT ERRS AND DISCARDS U.S. CONSTITUTION - "GUILTY UNTIL PROVEN INNOCENT"


Mathew D. Staver Founder and Chairman

5/1/2014

In an extremely disturbing trend, parents are now deemed to be guilty until proven innocent when confronted with government child protection services (CPS). Tragically, the courts often collaborate with CPS agencies to undermine parental rights.

Please see my important update below, which should be read by every parent and grandparent  Mat.

Conservatives,

The "presumption of innocence" in law is a key principle of American jurisprudence.

Although the principle is not specifically written in those words in the Bill of Rights, the 5th, 6th and 14th Amendments make it the standard of resolving accusations with due process.



Over the years, with far more government intrusion and overreach, that guiding principle is now threatened. This is especially true when it pertains to parental rights and the seizure of minors, as is the case with our clients, the Pelletier family of Conneticut.

* 25 years of investigation reveals a disturbing trend.*

In a very well written op-ed entitled, *"*When the Government Takes Your Children" as published in *Crisis Magazine*, author Stephen M. Krason takes an expository look into the seedy underworld of the child protective system in the United States. He has investigated these agencies for over 25 years. His scathing article includes the Massachusetts Department of Children and Families (DCF). Here are excerpts from what he has determined about the Pelletier case and the DCF...

This is not a unique or unusual case. There is nothing more than weâ??re hearing. Rather, itâ??s par for the course for the child protective system

(CPS) in the U.S., even if especially outrageous.

The judge, by the way, has upheld the agency every step of the way. This is consistent with the usual behavior of juvenile court judges when a CPS case goes that far. Instead of acting as truly impartial arbiters and tightly monitoring the agencies, they simply defer to the CPS.

Actually, the 'guilty until proven innocent' standard is deeply engrained in the CPS. The typical attitude of CPS operatives most are trained in social work and related fields is if they receive a report there just has to be maltreatment of some kind (even though the child abuse realities, as mentioned, are quite different). This follows from the belief that permeates the system that most parents are potential abusers.

Some may be stunned that Justinas parents rights have been so easily tossed aside. They should know that few Bill of Rights protections apply to parents when facing the CPS. This is because child protection law is mostly under the category of civil, instead of criminal, law. So, criminal defendants have many more rights than parents in these cases.

The states rationale in taking custody of Justina is that her parents were guilty of medical neglect, which comes down to meaning nothing more than they didnt agree with the hospitals diagnosis. Such arbitrariness is not surprising, since the child abuse laws are utterly vague and over broad. There is even disagreement within the CPS as to what constitutes child maltreatment.

Finally, the Pelletier case shows how, despite its name, the CPS often harms children. In state custody, Justina has received no treatment for her mitochondrial disease, no schooling, and no spiritual sustenance. She appears to be physically declining. This is not unlike the often grueling interrogations the CPS puts children through supposedly to find out if they were abused. In a Supreme Court *amicus curiae brief*, I argued that this could constitute psychological torture under international human rights norms.

Anyone who studies the CPS with objectivity and care can readily see its totalitarian dimensions. These are clearly illustrated by the Pelletier case."

* Our day in court on Justinas behalf is coming soon!*

We are intensely working on behalf of the Pelletier family to return Justina to her family and home  and to expose the DCF for their unlawful imprisonment and emotional torture of Justina.

Do you remember Justinas handwritten note, "They hurt me"? That shocking note revealed for the first time, in Justinas own words, how she is being abused by Massachusetts DCF. The Pelletiers are devastated to see how their daughter is being tortured and mistreated while under the custody of the State of Massachusetts.

Its plain and simple: The DCF is an agency out of control. We believe this is a battle worth fighting on behalf of the Pelletiers and parents nationwide!

The Liberty Counsel legal team has filed a *habeas corpus* petition with the Massachusetts Supreme Judicial Court asking for the immediate release of Justina from her unlawful detention. We have much more litigation planned as the case ripens.

Please, even if you have already done so, help today with whatever size gift is possible to help us offset our litigation expenses. Your gift of $50, $100, or even $1,000 will help Liberty Counsel meet these and other critical needs. Please, send a special gift today:

http://www.libertyaction.org/1387/offer.asp

* We are preparing for the next phase of this court battle.*

The facts are clear. The parent-ectomy performed on Justina Pelletier by the DCF and Boston Childrens Hospital was unwarranted and unlawful. *This was an egregious overreach and abuse of civil rights by a state-run agency.*

DCF has absolutely no reason to continue to hold Justina. A disputed medical diagnosis does not warrant the removal of a child from the care of her parents and family.

Justinas civil rights have been violated and her religious freedoms have been suppressed. The DCF has prevented her from participating in religious services or receiving sacraments. As a ward of the state, she is literally imprisoned.

Our ability to take swift and decisive action against state and federal bureaucrats who arrogantly believe they know better than parents depends on the size and availability of a special war chest.

Your gift of any amount will help Liberty Counsel meet these critical needs! Please, send a special gift today:

http://www.libertyaction.org/1387/offer.asp

As always, I solicit your prayers for the Liberty Counsel legal team as we meet these momentous challenges. With your help, we can stop the Pelletiers' nightmare and turn back the related assault on religious freedom and freedom of speech.

THANK YOU in advance for continuing to stand with us and the Pelletier family.

Mathew Staver, Founder and Chairman Liberty Counsel

P.S. The Massachusetts DCF is engaging in an extremely dangerous practice by determining that parents are "guilty until proven innocent" in bringing accusations of child abuse.

The Liberty Counsel team will continue working on behalf of the Pelletier family to return Justina to her family and home and to expose the DCF.

Please help however possible today. Go here to further help:

http://www.libertyaction.org/1387/offer.asp

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