Friday, January 12, 2018
Reforming CYS
1. Appoint a special prosecutor to investigate corruption in the CPS system. This prosecutor should have the power to subpoena documents and witnesses and bring court cases against corrupt "child protection" agents or agencies.
2. Remove all immunity for CPS agents who behave unethically or illegally.
2. Remove all immunity for CPS agents who behave unethically or illegally.
3. Repeal Hillary Clinton's Adoption and Safe Families Act of 1997, which created financial incentives for CPS to remove children and adopt them out. You can read more about ASFA here.
4. Make it a federal crime to falsely accuse anyone of child abuse to a state agency.
5. Allow those falsely accused of child abuse or neglect by a state agency or private citizen to recover punitive damages of at least $100,000 per false charge, in addition to any other compensatory damages are ordered by the court.
6. Require a warrant based on probable cause in order to remove children or enter a home unless the agents actually witness abuse in progress (the 4th Amendment requires a warrant for governmental searches or seizures.)
7. Require CPS caseworkers to wear dash and body cameras which are recording at all times.
8. Reform “medical neglect” laws to define “medical neglect” as neglect of life-saving medical care only -- not refusal to give children dangerous psychotropic drugs or other “psychological treatment.”
9. Pass laws which affirmatively declare that parental refusal to medicate children with psychiatric drugs cannot be construed as abuse or neglect in any circumstances -- and affirmatively prohibit CPS from investigating or contacting a family based on a complaint related to failure to medicate a child with psychotropic drugs.
10. Reform the “anonymous reporting” system. The 6th Amendment to the Constitution provides that criminal defendants must be allowed to confront the witnesses against them. Require reporters to provide their name and phone number to CPS -- and require CPS to reveal the name and phone number of reporters to the parents within 14 business days -- unless they can prove to a court of law that the name should not be revealed. Make it a criminal offense for educational, medical, or legal professionals to lie about their name or phone number to CPS.
11. Require anyone who reports abuse and/or neglect to CPS either over the phone or in person to swear under penalty of perjury that their accusations are true.
12. Require all medical facilities, including mental health facilities, to provide all medical records to parents within 7 business days.
13. Prohibit CPS agents from interviewing children without parental consent, and require a search warrant to examine or search children.
File Your Own Habeas Corpus
For those of you who don't mind filing your own motions. Edit to
your state and local municipalities...
IN THE SUPERIOR COURT OF Berks COUNTY
STATE OF Pennsylvania
________
STATE OF Pennsylvania
________
Your name, )
)
Plaintiff,
)
)
v.
) Civil Action No. Case#
)
_
The Department of Children and Families,
)
Defendant.
)
PETITION FOR WRIT OF HABEAS CORPUS
AND EMERGENCY MOTION
FOR RETURN OF CHILD
The Petitioner, your name, brings this
petition for a writ of habeas corpus against and emergency motion for return of child
against the Respondent, The Department of Children and Families supervisor Your caseworker
upon the following grounds:
1.
The Respondent is subject to the jurisdiction
of this Court and may be served with a
copy of this Petition and Writ at . Your address
)
Plaintiff,
)
)
v.
) Civil Action No. Case#
)
_
The Department of Children and Families,
)
Defendant.
)
PETITION FOR WRIT OF HABEAS CORPUS
AND EMERGENCY MOTION
FOR RETURN OF CHILD
The Petitioner, your name, brings this
petition for a writ of habeas corpus against and emergency motion for return of child
against the Respondent, The Department of Children and Families supervisor Your caseworker
upon the following grounds:
1.
The Respondent is subject to the jurisdiction
of this Court and may be served with a
copy of this Petition and Writ at . Your address
The Petitioner is the legal custodian of the minor child,
child's name,
Age 2 D.O.B. childs, by virtue of a final decree of dismissal entered by the Superior Court of Berks County, Civil Action No. case number.
3.
The Respondent is illegally detaining and withholding custody of the minor child
from the Petitioner at the following address: Unknown.
4.
The Respondent has no cause or justification for withholding the minor child
from the custody and control of the Petitioner. THEREFORE, Petitioner demands:
(a)That a writ of habeas corpus issue requiring the Respondent to appear and produce
the minor child before this Court and to otherwise show cause why custody should not be restored to the Petitioner.
Respectfully submitted,
This Day November __,2016
Your name
_____________
Petitioner
pro se
Address your address
Age 2 D.O.B. childs, by virtue of a final decree of dismissal entered by the Superior Court of Berks County, Civil Action No. case number.
3.
The Respondent is illegally detaining and withholding custody of the minor child
from the Petitioner at the following address: Unknown.
4.
The Respondent has no cause or justification for withholding the minor child
from the custody and control of the Petitioner. THEREFORE, Petitioner demands:
(a)That a writ of habeas corpus issue requiring the Respondent to appear and produce
the minor child before this Court and to otherwise show cause why custody should not be restored to the Petitioner.
Respectfully submitted,
This Day November __,2016
Your name
_____________
Petitioner
pro se
Address your address
Telephone number your #
IN THE SUPERIOR COURT OF BERKS COUNTY STATE OF PENNSYLVANIA )) your name))v.) Civil Action No. Cas #))
The Department of Children and Families, ) Defendant.)
VERIFICATION
Personally appeared before me, the undersigned notary public
duly authorized in the State of __________ to administer oaths, _________________________________________,
who after being duly sworn, deposes and states that he is the Petitioner in the foregoing
action and that the facts contained in his/her attached Petition for Writ of Habeas Corpus and Emergency
Motion for Return of Child are true and correct to the best of his knowledge, information and belief.
_____________________________________
Plaintiff
pro se
Sworn to and subscribed before me
this ______ day of _____
_________________
___________, 20 ______.
____________________________________________
Notary Public, State of _____________
My Commission Expires: ________________
____________________
__
IN THE SUPERIOR COURT OF Berks COUNTY
STATE OF PENNSYLVANIA, )) your name))v.) Civil Action No. Case #))
Department of Children and Families, ) Defendant.)SUMMONS
To the above-named Defendant:
You are hereby summoned and required to file
with the clerk of said court and serve
upon your name, plaintiff', whose
address is yours,
an answer to the complaint which is herewith served upon
you, within 30 days after service of this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint.
____________________________________
Clerk of Court
IN THE SUPERIOR COURT
OF BERKS COUNTY
STATE OF PENNSYLVANIA,
)) Your name,))v.) Civil Action No. Case # )
Department of Children and Families, )) Defendant.)
Personally appeared before me, the undersigned notary public
duly authorized in the State of __________ to administer oaths, _________________________________________,
who after being duly sworn, deposes and states that he is the Petitioner in the foregoing
action and that the facts contained in his/her attached Petition for Writ of Habeas Corpus and Emergency
Motion for Return of Child are true and correct to the best of his knowledge, information and belief.
_____________________________________
Plaintiff
pro se
Sworn to and subscribed before me
this ______ day of _____
_________________
___________, 20 ______.
____________________________________________
Notary Public, State of _____________
My Commission Expires: ________________
____________________
__
IN THE SUPERIOR COURT OF Berks COUNTY
STATE OF PENNSYLVANIA, )) your name))v.) Civil Action No. Case #))
Department of Children and Families, ) Defendant.)SUMMONS
To the above-named Defendant:
You are hereby summoned and required to file
with the clerk of said court and serve
upon your name, plaintiff', whose
address is yours,
an answer to the complaint which is herewith served upon
you, within 30 days after service of this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint.
____________________________________
Clerk of Court
IN THE SUPERIOR COURT
OF BERKS COUNTY
STATE OF PENNSYLVANIA,
)) Your name,))v.) Civil Action No. Case # )
Department of Children and Families, )) Defendant.)
WRIT OF HABEAS CORPUS
To: Department of Children and Families
You are hereby commanded to produce the minor child(ren), your child(Ren) Age 2 D.O.B. 1-12-2014,
alleged to be illegally detained by you,
and appear before the Court on _____________________________________, ____,
at ____________ o'clock, ___.M.,and show cause why custody of the minor child(ren) should not be returned to the
Petitioner.
This __
__
___
day of
_
_____________________________
___
, 20______.
_______________________________________
JUDGE
, Superior Courts
Northern Judicial Court
To: Department of Children and Families
You are hereby commanded to produce the minor child(ren), your child(Ren) Age 2 D.O.B. 1-12-2014,
alleged to be illegally detained by you,
and appear before the Court on _____________________________________, ____,
at ____________ o'clock, ___.M.,and show cause why custody of the minor child(ren) should not be returned to the
Petitioner.
This __
__
___
day of
_
_____________________________
___
, 20______.
_______________________________________
JUDGE
, Superior Courts
Northern Judicial Court
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