Child Protective Services, CPS, has devastated and destroyed hundreds of thousands of families in America during the last thirty years leaving a trail of broken hearts, broken dreams, and shattered childhoods.

Rather than helping families, government agents have used unconstitutional laws in Juvenile Court to rip children away from their loving parents, break asunder God-given, natural, parent-child bonds, and adopt the children of the grieving out to others who profit financially with large monthly adoption subsidy payments.





Child Protective Services must be stopped! The law that started this, CAPTA, must be repealed. We must work tirelessly to inform the public of this very dangerous travesty of justice. We must keep faith knowing that if there is a God, there is an answer and a way to end this heartache.

Child Protective Services Agents - please come to your senses! Family destruction on false or trivial grounds is wrong, reprehensible, and inhumane.

Fosterers - be aware that for the money you get you are holding much-loved children away from their grieving families while the parents are forced to perform a service plan that is anything but a service to them. I call this hostage holding for the government. This is not kindness - to help misguided government agents destroy family relationships and break loving bonds.

CPS workers and fosterers - I ask that you now give up these unworthy professions and find something more dignified to do with your lives. Let the children of the innocent return to their homes where they are truly valued, adored, and loved by the parents God gave them.

Family rights are God-given rights. And they should not be ignored or postponed. Every moment these loving parents and children spend separated from one another is a torment beyond what anyone should ever have to bear.

It is unworthy of human dignity to allow this terrorism and torture of families to go on without saying something, speaking out, and trying to make a change.

Site mission: To provide information and support for families attacked by Child Protective Services and child welfare agents, especially those families facing false or trivial accusations of child abuse or neglect; and for researchers working to protect natural family rights.


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Saturday, June 11, 2005

 

Black America Web: Commentary on medical abuse of foster children by CPS


An outcry on the Black America Web - regarding use of foster children as guinea pigs for medical experiments. Black children are over-represented in CPS cases, meaning that there's a larger percentage of blacks in foster homes compared to their percentage in the total population. - LJM

BAW: Commentary: First, Tuskegee; Now Foster Children - And They Wonder Why Blacks Mistrust Medical Studies?

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posted by Linda for FightCPS.Com at 6:44 PM  



 

The Safe Net


Here's a link to a new site seeking to help families having problems with CPS: http://www.thesafenet.org.

The more new sites helping families, the better it will be for all of us. If you're at all interested in creating a site, believe me, your efforts will help. There are far more victims of the child welfare system than any one activist or group could possibly help. We need backup sites by the dozens. All efforts intending good will create good. You could focus on one issue the family rights movement needs. Where does your heart lead you? That is the direction in which to go.

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posted by Linda for FightCPS.Com at 5:34 PM  



 

Arizona CPS Victims: AZFRA is participating in June 29 AZ Legislative Hearing - Can you help?


From the AZFRA website: "Upcoming Legislative Hearing June 29, 2005 State Capital Building 1700 W. Washington Phoenix, AZ. Email your one page summary with 1-2 documents to support your story and your timeline to email@azfra.us no later than June 20, 2005 to be included in the organization packet that is being submitted for the record to the Committee. Bring 50 copies of your summary with supporting documents to the hearing."

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posted by Linda for FightCPS.Com at 4:38 PM  


Tuesday, June 07, 2005

 

Connecticut: Update on results of Dutkiewicz federal appeals hearing


By Thomas M. Dutkiewicz, Connecticut DCF Watch

It went very well and I think it was a home run. The Assistant Attorney General Clare Kindall never challenged my arguments but in vain used the immunity argument as a life preserver. The immediate argument before the court was how the lower court error in coming to it decision to dismiss for failure to state a claim. I presented the following:

When the state filed its Motion to Dismiss, they attached 12 sworn affidavits to the motion to dismiss. Under rule 56 F.R.C.P. (Federal Rules of Civil Procedure) this was adding additional information outside the pleading. By adding information like affidavits to a Motion to Dismiss it is then converted into a Motion of Summary Judgment which is called a "conversion" and is no longer a Motion to dismiss.

It was very appearant that the District Judge just ruled on the mere fact that the defendant was DCF and didn't read either brief. For if he had, he would of seen the 12 sworn affidavits which converts the motion to dismiss into a motion for summary judgment. Not only did the judge have to give the plaintiff time to respond but the judge must notify the attorneys of record. The second problem with this is the judge ruled on the Motion to Dismiss instead of the Motion for Summary Judgment. The judge did not exclude the affidavits but accepted them as part of his decision. So basically the judge ruled on a motion that now does not exist.

We asked that the ruling on the Motion to Dismiss was improper and should be overruled in accordance with Rule 56 and in the case of the Motion for Summary Judgment, we also stated that it also should be vacated since there has been no discovery yet and all the goes into Summary Judgment motions. So now, I believe they are left with nothing and I requested that the case be remanded for trial.

On the second front of our argument we stated clearly that the state defendants looses immunity for the following reasons.

The Doctrine of Ex Parte Young (1908) -- which essentially strips government officials of their official capacity and reduces them to their individual capacity so you can sue them. To date, Young has never been overturned. This is very powerful. My wife said as soon as I spoke on Young, the three judges apparently took notice by their body language.
Under the Federal Spending Clause enacted by Congress, all child protective services in all 50 states as a condition for receiving federal funding under Title IV-E and Title IV-B willingly waive their immunity. It is similar to when the state moves a case from the state court into the federal court and by doing so the state waives immunity.
State Defendants also loose immunity when they lie under oath, lie to obtain warrants, fabricated evidence and other types of activities that would deny you your constitutional rights.
Clare Kindall NEVER refuted these undeniable facts nor did she say it didn't apply to them. As such the court should accept them as fact and overturn the District courts ruling to dismiss the case.
Now it is a waiting game for the next 60 to 90 days for a ruling. I hope this information can assist attorneys and/or you daring Pro Se plaintiffs.


Sincerely,

Thomas M. Dutkiewicz, President
Special Family Advocate
Connecticut DCF Watch
P.O. Box 3005
Bristol, CT 06011-3005
860-833-4127
Admin@connecticutdcfwatch.com
www.connecticutDCFwatch.com

P.S. Check out our web site for the FREE handbook on parental and children's rights. It cites over 100 cases dealing with unlawful removals and 4th and 14th Amendment violations. There is also a manual on Title IV-E dealing with "reasonable efforts".


(WE AT CONNECTICUT DCF WATCH ARE NOT ATTORNEYS AND ARE UNABLE TO OFFER ANY LEGAL ADVICE. ANY INFORMATION CONTAINED IN THIS EMAIL IS FOR EDUCATIONAL PURPOSES ONLY. IF YOU CHOOSE TO USE ANY INFORMATION, YOU DO SO BY YOUR OWN CHOICE, CONVICTION AND RISK. WE ONLY OFFER UP AN OPINION FROM OUR POINT OF VIEW. WE ARE NOT RESPONSIBLE FOR ANY DECISIONS YOU CHOOSE TO MAKE OR FAIL TO MAKE. BEFORE MAKING ANY DECISIONS, SEEK LEGAL ADVISE FROM AN ATTORNEY IN THE AREA OF LAW YOU WISH TO PURSUE.)

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posted by Linda for FightCPS.Com at 4:44 PM  


Sunday, June 05, 2005

 

Connecticut: News Conference outside federal court house in Hartford, CT on Monday June 6, 2005




On Monday, June 6, 2005, I will be arguing our case before the Second Circuit court of Appeals starting at 9:30 am via video link with New York. I have 10 mins, the State of Connecticut has 5 mins and the other three attorneys have 2 mins each.

In all 50 states, the government has striped and has set aside the constitutional rights of a class of American worse than the 50's and 60's. Not only is this unlawful but in contempt of Constitution. The states along with child protection and the state's attorney lack the jurisdiction to determine what Americans are entitled to when it comes to their constitutional protection.

This new class of individuals are called parents v. non-parents. In other words, if you are a non-parent and you commit a crime against a child and your not related, you are entitled to the full protection of the constitution. If you are a parent and commit the same crime against a child that is related to you, the state breaks the law and not only strips you of your rights, they have instructions for state officials how to violate those rights.

The public and the media does not realize that if you are a parent, you are not entitled to due process, equal protection, rules of evidence and you are not allowed to confront your accuser even though the 6th Amendment gives you that right. You are not allowed to challenge all of the testimony entered into court records or able to question the accuser or the child to see if DCF ask the child to lie or what they may have said.

These civil right deprivation of Americans nationwide is of epic proportion and this case will be a landmark decision that will effect every child and parent in the U.S. Here the states have one group of government officials that are told not to violation any American constitutional rights. But then you have another group of government officials that are specifically instructed to break the law and to violate the rights of Americans who happen to be parents.

The higher courts have stated that it is not relevant if the state is investigating crimes against adults or children, that does not effect the rights of the accused and has no relevance on whether is guilty or not guilty.

The higher courts have ruled all over the country and hold that Child Protection workers are government officials and must comply with the constitutional prohibitions that are placed on all officials. If it is illegal, unlawful and unconstitutional for the police, likewise it is for caseworkers. This is not open for any arguments.

Feel free to call me if you have any questions.

Respectfully,

Thomas M. Dutkiewicz, President
Special Family Advocate
Connecticut DCF Watch
P.O. Box 3005
Bristol, CT 06011-3005
860-833-4127
Admin@connecticutdcfwatch.com
www.connecticutDCFwatch.com

From Linda at FightCPS - Please pray, light a candle, or whatever it is you do, to ask that this event will go well for the Dutkiewicz's.

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posted by Linda for FightCPS.Com at 11:37 AM  


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