Lately, I am seeing several queries along the line of
I asked the same question myself in 1999. The answer I got from the nasty CPS witch was a bunch of sickening threats of the terrible things she would do to me if I didn't "cooperate".
So what does their actual Policy say?
Back in those days, Oregon CPS offices manually compiled their Policies Manual in huge 8" thick binders. Each new directive sheet from HQ came in the mail. At the top right corner of each page is an indexing number to indicate where this page should be inserted into the binder. Getting a hard copy of this manual was impossible.
Fortunately, Oregon CPS had recently put the materials ONLINE. Still, it wasn't really publicly available. It was buried in their WAN system. Lucky for me at the time, it wasn't behind a wall of password security. So I downloaded every page and assembled my own digitized version.
That's no longer a problem. Every state (so far as I know) puts their CPS Policy Manuals online, available to anybody with the interest in reading them.
Back to the question
Here's what I found-
NUMBER: I-A.1
POLICY - CLIENT RIGHTS
Discrimination Prohibited. No individual shall, on the grounds of race, national origin, religion, martial status, gender, sexual orientation, age, citizenship, political affiliation, language or disability be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under programs and activities for which the Department of Human Services has responsibility. This same policy of non-discrimination is equally applicable to all department contractors, grantees, agents and providers of services funded in whole or in part with federal funds
Isn't that sweet?
If you read on down through, you will find them referring to the above as "Civil Rights".
Please allow me to point out that "Civil Rights" are NOT the same thing as CONSTITUTIONAL RIGHTS.
What does the entire Oregon Policy Manual say about Constitutional Rights?
(4) The Department, subject to the approval of the Attorney General, has authorized its employees to represent the Department in these contested cases.
(5) A Department employee acting as the Department's representative may not make legal argument on behalf of the Department.
(a) "Legal argument" includes argument on:
(A) The jurisdiction of the Department to hear the contested case;
(B) The constitutionality of a statute or administrative rule or the application of a constitutional requirement to the Department;
What does that mean? I don't know. Doesn't look good to me.
I do know they care nothing about THIS LAW-
ORS418.010 - "Children not to be taken charge of when parents object. Nothing in ORS 418.005 shall be construed as authorizing any state official, agent or representative, in carrying out any of the provisions of that section, to take charge of any child over the objection of either of the parents of such child..."
So the answer to the question
Certainly not your Constitutional Rights or Miranda Rights. It's pretty much UP TO YOU to KNOW and DEFEND YOUR RIGHTS. Use them or Lose them.
"The privilege against self-incrimination is neither accorded to the passive resistant, nor to the person who is ignorant of his rights, nor to one indifferent thereto. It is a FIGHTING clause. It's benefits can be retained only by sustained COMBAT. It cannot be claimed by attorney or solicitor. It is valid only when insisted upon by a BELLIGERENT claimant in person." McAlister vs. Henkel, 201 U.S. 90, 26 S.Ct. 385, 50 L. Ed. 671; Commonwealth vs. Shaw, 4 Cush. 594, 50 Am.Dec. 813; Orum vs. State, 38
Ohio App. 171, 175 N.E. 876. The one who is persuaded by honeyed words or moral persuasion to testify or produce documents rather than make a last ditch stand, simply loses the protection. . . . He must refuse to answer or produce, and test the matter in contempt proceedings, or by habeas corpus."
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"Better be wise by the misfortunes of others than by your own." --Aesop (c. 550 B.
Comments
Too bad MO doesn't have a law like that!
Angel-
Wouldn't make any more difference in Misery than it does in Oregon. Last time I heard of someone quoting this law in a bogus kidnapping over a false allegation, the judge told him to "get a lawyer".
CPS and the Family court system are utterly lawless.
A victim of CPS claiming any rights at all is like a Jew claiming their constitutional rights are being ignored as they're being shoved into the gas "shower".
Donna-
Interesting that you should bring the subject of the Jewish Holocaust up-
Volksgerichtshof [I'm guessing, because I can't find it, the pronunciation may be "volks-garish-awff"]
The People's Court (German: Volksgerichtshof) was a court established in 1934 by German dictator Adolf Hitler, who had been dissatisfied with the outcome of the Reichstag Fire Trial (all but one of the accused were acquitted). The "People's Court" was set up outside the operations of the constitutional frame of law. The court had jurisdiction over a rather broad array of "political offenses"
And also interesting is "Schutzhaft", literally translated as "Protective Custody.
Another useful German word is Schadenfreude [shahd-n-froi-duh] –noun
satisfaction or pleasure felt at someone else's misfortune or pain.
And AFRA Director Robert McQuade says "What's the Difference between CPS and the Gestapo? When the Gestapo sent people to the concentration camp, they kept families together".
You don't have constitutional rights the constitution does not give people rights- you were born with natural god given rights as a human being. What constitutional rights are really are laws that restrict the government from violating your rights you are born with as a citizen and human being. No matter how much you know about these rights your born with and know they are being violated you can't do anything when you have a corrupt deaf judge and judicial system that seems to run on no rules except the ones they feel like complying with. Problem is these courts just don't give a damn if your abused or violated. They are bribed by the counties and therefore the judges are on their side not yours.
The "judge" admitted openly in court to me that "of course this is a LEGISLATIVE COURT. That's all I ever do is sit in LEGISLATIVE COURTS. That's my job."
HELLO!? THERE IS NO JUDICIAL SYSTEM IN OREGON. They are all "statute enforcement star chamber tribunals." Can there be a more clear violation of the "separation of powers doctrine"?? This is why we don't get the protection of a jury. Because it's not even a court! This is why they come across as corrupt and deaf and without rules. Because there are no rules.
Also an interesting idea is starting to form. I recently saw a video the showed in a particular county that well over 50% of social workers admitted to doing things they did not want to do because of coercion from the Attorney General! I'm more convinced every day that the AG is the REAL problem. This would explain how some can say there are "good social workers" at CPS. They are being coerced to kidnap! By the AG!! Filthy criminal lawyers.
Mark-
Yes indeed, the entire system is corrupt here in Oregon, the Soviet Union of the West.
Your comment reminds me of when this started with the SUPPLANTMENT of Oregon Constitution Article VII.
Comments section won't allow links, so here is the best I can do- copy and paste it in your address bar-
bluebook.state.or.us/state/constitution/constitution.htm
On that Oregon Blue Book Oregon Constitution page, Open the "VII (Original) The Judicial Department" and read the NOTE.
Pamela and Will Gaston had gotten an Initiative Petition going in 2002 or so about putting it on the ballot to RESTORE the original VII, which cleans out ALL of this evil corrupt Statute Administrative mess.
If people knew what has been done to them, they would get the pitchforks and torches.
We both have been witness to the 3 ring circus called family court, we have also been victim of the corruption of CPS as our former Tennessee DCS Caseworker Marcia King was showing all the "reasonable efforts" to the foster family and assassinating our characters every step of the way, luckily i we finally got her kicked off the case and we have been given a Caseworker that genuinely seems like she wants to help, she is pushing to get funding for therapeutic in home visits with the children 2 hours a week which is giving us some semblance of hope. Out of the 95% of the corrupt caseworkers there is that slim 5% that really want to help get your kids back....but such does not happen often.
Jared & April-
Since you are in TN, you might be interested in the latest there-
DCS Mishandles Case Involving Young Girl
Posted: Nov 24, 2009 1:44 PM PST
By Nick Beres
Newschannel5.com
NASHVILLE, Tenn. - The Tennessee Department of Children's Services is under fire for making a mistake. The agency placed a young girl with a convicted child molester.
"It's outrageous. It's just outrageous," said Mike Parsley, the attorney who is representing the girl's mother in a dependent-neglect case. "They're entrusted with protecting our children, and they totally failed in this case.
FULL STORY-
www.newschannel5.com/global/story.asp?s=11567650
Oh i know about that story, actually I (Jared) was the one that emailed you to bring it to your attention.
Aw silly me. I go through so much news and so many emails every day that 2 days ago is a long time to me.
Leonard its okay we know you are a very busy man working tirelessly to stick it to CPS! We here in Tennessee Salute you for your efforts and are behind you 150%!
Aw, I'm not "busy". I sit on my hospital bed hooked to my oxygen machines. This is my recreation. Keeps my brain sharp.
A few months ago, my computer was down for a day. I had nothing to do but watch the Glass Toilet most of the day. It occurred to me that's why so many people's brains rot and fall out.
Leonard, Prayers from us that you one day recover your health!
I have had my two youngest children removed from me by cps. They called me and told me that my children were not coming home on the bus and that i needed to go down to their office to "clear up" some things. After getting there they told me my children were going to their grandparents house, and that I was not going to be able to see them for a while. I had accusation of using drugs in front of my children. Now all my drugs tests came back negative, but they say I have to complete substance abuse classes before I can have my babies back. Why? I asked them if I tested negative for drugs. They told me "just to be on the safe side". Now my children are with relatives but are now 130 miles away from me.
To "kim"-
Absolutely go get your drug test results NOW. Get a statement of authenticity from the testing facility. Make a bunch of Certified Copies for later use.
Prepare your Sworn Affidavit-
familyrights.us/bin/FORMS/sworn_affidavit.html
-and attach your drug tests and FILE your Affidavit in court ON THE RECORD. Make a bunch of copies for your later use.
As for your relatives having the kids, you are extremely fortunate. CPS is not known for that. They usually put kids in Fostercarceration or Residential Treatment and DOPE THEM OUT OF THEIR HEADS.
I need facts on how to help my daughter get children back asap,The father of children broke 4 oop and because of this (mydaughter is victim of domestic violence)She had to volunteer her children to family members .They say she is going to b charged with neglect because he broke oop he has been charged 4 times and has been indited and not in jail yet ,Can they legaly wait to give her her children back til he is in jail?
Hello, I just wanted to know what my options are. I am desperate to get my child back. My daughter had a fracture when she was an infant 4months back in a forgeign country. My babys father had testifyed that he had did it, and admited it to everybody. We had to come back to the states for medical benefits and I had no choice but comming back to my Babys father home. And now they are accusing me of child abuse. Is that fair? Did I really abuse my child?
Hello Leonard,
I'm writing on behalf of a friend. She is going thru a bad divorce in Indiana. Her husband has started to abuse the children during his visitation days. She has tried effortlessly to file charges with CPS and they have accused her and also dismissed her case. In the meantime the abuse continues. It's short of torture. 4&5 yr old boys being poked with needles & q-tips in ears & whole in penis. The doctors will not definately say it is abuse. Though they have had several infections because of it. What can she do?
obviously noone reads these
my peditricain recommended my granson getting phyisical therapy after he was born and got out of the nic unit. well i took him in for his shots about 3 weeks ago and she asked me if i had started therapy and i told her no but im checking into a private therapist. well its beeen 2 weeks and the doctor called twice and i didnt return her call. so she gets mad and calls CPS on me... cuz she thinks im not checking into physical therapy for my grandson..what do i do now? cps did come out and i told them i had set up an appt already then they ask a few questions.. now they want to get my grandsons hospital records too. did the doctor have a right to call cps just cuz i hadnt started physical therapy when the dr never said it was mandatory??
yes they tryed to say that my baby came up positive for methanphedamines. and the urin test from the mothers catheder also came back possitive. But to remind you every week leading to the pregnency she seen her Dr. and was drug test. None of them came back possitive?Well we had the hospitole test her agin. They gave her two piss test and two blood test afterwardes. Everything came back clean. Now I go to the hospitole to ask for the papper work of my dauter being born up there. And they say they have no proff of her ever being there.
I have a situation in regards to CPS aka Child Services. Here in my city of Napoleon, OH Henry County CPS has taken my 10 month old son Jonathon away from me and my fiance. They took him away from us last year in December and he is currently living with my mother. They had a lot of phone calls from people saying that my fiance is abusive to me and his son. But there is no proof. They say that it wasn't safe for little Jonny to be with us due to my fiance's anger and substance use. They also accuse my fiance with domestic violence. He was never charged with domestic violence and he has never harmed me or his son. Now CPS is telling my to leave my fiance and take his name off the lease for this apartment we just got or they said I won't get my son back if I don't. I feel if I do this I'm not going to get my son back anyway. And I also thought that CPS's job was to help bring families back together and not tear them apart. I did however did some investigating on what CPS can do legally and I found out that they are suppose to have a warrant and probable cause to be able to pull a child away from their parents. My son was pulled away from us without them issuing a warrant and there was no probable cause for it. They are going on accusations of people calling in and reporting domestic violence in our home and substance use. What should I do. Please help I need my son home.
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