HPD: Dad Fatally Beat 6-Year-Old Son
Alex Duncan Accused Of Killing Tekerrious Jackson
Click2Houston.com
HOUSTON — A father accused of beating his 6-year-old son to death faced a judge on Monday, KPRC Local 2 reported.
Alex Duncan, 34, has been charged with murder.
Houston police said Duncan, also known as "Boomer," beat his son, Tekerrious Jackson, over an eight-hour period from Saturday night into early Sunday, at an apartment on Polk Street near Lockwood Drive.
Investigators said Duncan got mad because Tekerrious would not go to sleep at about 7 p.m. Saturday. For the following eight hours, Tekerrious was told to get on his knees with his arm extended in front of him. Whenever Tekerrious dropped his arms, Duncan punched him, police said.
Duncan described the punches to the chest and other areas of the body as "chest boxing," investigators said.
Police said it was a ritual beating that Tekerrious had endured for weeks.
Tekerrious was taken to Texas Children's Hospital early Sunday after he appeared to have suffered a seizure. He died at the hospital on Sunday, officials said.
Tekerrious had not seen his father in about three years, police said. His mother decided to let him spend the summer with his father under the condition that they stayed with the boy's grandmother, officials said.
Duncan moved out of the grandmother's home a few weeks ago and took Tekerrious with him, police said.
Detectives said that Duncan's girlfriend, Tammyra Sampson, 30, witnessed the beatings. She told police that she once intervened to show Duncan how to properly discipline a child with a belt.
Sampson was arrested and charged with injury to a child by omission.
Sampson's 11-year-old daughter told police that she was forced to watch the beatings. She has been placed in the care of Child Protective Services.
Duncan and Sampson both have criminal pasts. Duncan has past convictions for assault on a family member and drug charges. Sampson also has past convictions for drug and theft charges.
http://www.msnbc.msn.com/id/38204573/ns/local_news-houston_tx/
Exposing Child UN-Protective Services and the Deceitful Practices They Use to Rip Families Apart/Where Relative Placement is NOT an Option, as Stated by a DCYF Supervisor
Unbiased Reporting
What I post on this Blog does not mean I agree with the articles or disagree. I call it Unbiased Reporting!
Isabella Brooke Knightly and Austin Gamez-Knightly
In Memory of my Loving Husband, William F. Knightly Jr. Murdered by ILLEGAL Palliative Care at a Nashua, NH Hospital
Monday, July 12, 2010
Reform - Allegations ~80% Allegations Reported are False~
Reform - Allegations
~80% Allegations Reported are False~
Home | What You Can Do | Facts | State Chapters | Resources | When An Allegation Is Made | Our Support Group
Have Attitudes Really Changed??? Abuse in the Name of Protecting Children
As keeper of the web files, GranPa Chuck, of the NFPCAR website, this is part of my, or should I say Our Story, my wife and I, as Foster Parents caught in the web of false allegations. Please note this happened over a decade ago. We are now a multi-generational family living with our youngest daughter and her three children. (The Rest of Our Story will be featured in the future)
I was the editor of a Foster Parent Association Newsletter. I ran this article throughout three editions of the newsletters in Jan, Feb, and Mar of 1996 and was fired as a volunteer editor for this newsletter in March.
Then within six months, my wife and I had a list of False Allegations presented to us. Guess who gave me this article??? A Social Worker. She was a good meaning worker, but apparently some of her co-workers took offense to this information.
~~~~~~~~~~~~~~~~~~~~~~~~~~
Have Attitudes Really Changed???
Over a decade ago this information was given to caretakers (i.e. parents, teachers, physicians, members of the clergy, and foster parents) of our children who were accused of child abuse. No on condones the physical, emotional, and sexual abuse of our children. However, those who were falsely accused have had their lives ruined even when they were “proven” innocent.
The wheels of bureaucracy are slow to change. Feel free to pass this information on via e-mail or hard copy. We need to unite as one family and change the laws and the attitude that “you are guilty until proven innocent”.
Have attitudes changed?? --- You be the judge!!!
Chuck
Editor-FPA Newsletter
Jan, 1996
http://nfpcar.org/Reform/Our_Story/Vocal.htm#Abuse_in_the_Name_of_Protecting_Children
~80% Allegations Reported are False~
Home | What You Can Do | Facts | State Chapters | Resources | When An Allegation Is Made | Our Support Group
Have Attitudes Really Changed??? Abuse in the Name of Protecting Children
As keeper of the web files, GranPa Chuck, of the NFPCAR website, this is part of my, or should I say Our Story, my wife and I, as Foster Parents caught in the web of false allegations. Please note this happened over a decade ago. We are now a multi-generational family living with our youngest daughter and her three children. (The Rest of Our Story will be featured in the future)
I was the editor of a Foster Parent Association Newsletter. I ran this article throughout three editions of the newsletters in Jan, Feb, and Mar of 1996 and was fired as a volunteer editor for this newsletter in March.
Then within six months, my wife and I had a list of False Allegations presented to us. Guess who gave me this article??? A Social Worker. She was a good meaning worker, but apparently some of her co-workers took offense to this information.
~~~~~~~~~~~~~~~~~~~~~~~~~~
Have Attitudes Really Changed???
Over a decade ago this information was given to caretakers (i.e. parents, teachers, physicians, members of the clergy, and foster parents) of our children who were accused of child abuse. No on condones the physical, emotional, and sexual abuse of our children. However, those who were falsely accused have had their lives ruined even when they were “proven” innocent.
The wheels of bureaucracy are slow to change. Feel free to pass this information on via e-mail or hard copy. We need to unite as one family and change the laws and the attitude that “you are guilty until proven innocent”.
Have attitudes changed?? --- You be the judge!!!
Chuck
Editor-FPA Newsletter
Jan, 1996
http://nfpcar.org/Reform/Our_Story/Vocal.htm#Abuse_in_the_Name_of_Protecting_Children
Abuse in the Name of Protecting Children-Do Children Lie ~ The Child Abuse Industry ~

Abuse in the Name of Protecting Children
Bio on Title
Do Children Lie ~ The Child Abuse Industry ~
by Robert L. Emans
Words such as these come from victims of current child abuse laws in the US. Parents, foster parents, teachers, physicians, members of the clergy, and others have been falsely accused of mistreating children.
Many Americans applauded when laws were enacted to protect children from physical, emotional, and sexual abuse. I was one of them, having worked with emotionally disturbed children, many of whom had been victims of such abuse. Clearly, the intent of these laws was good.
Just as clearly, however, the consequences have been disastrous. The laws and the enforcement procedures related to child abuse too often deny human and constitutional rights to both the accused and the alleged victim. Indeed, observers have likened the climate created by these laws to that of Salem, during the witch hunt, to that of Nazi Germany in 1939, or to that of the McCarthy era in the 1950s.
In the U.S. in 1985, reported cases of suspected child abuse totaled 1.7 million. Of the reports involving sexual abuse, 80% were later determined to have been unfounded --up from 40% just five years earlier. Half of the substantiated cases of child abuse involved neglect, not other types of abuse; only 7% of the substantiated cases involved sexual abuse. Accusations of child abuse bring suffering and distress to everyone involved. It has been estimated, for example, that as many as 80% of those who are falsely accused of child abuse lose their jobs or suffer other employment problems. Hundreds of people have had to undergo traumatic investigations to establish their innocence; others have had to take part in corrective activities for things they did not do. Indi viduals falsely accused of child abuse have been psychologically scarred, and their reputations have been severely tarnished. Whole families have been destroyed.
Even when cleared of such charges, parents may lose custody of their offspring, and individuals who work with children may be permanently listed in police records as possible child abusers. Meanwhile, the alleged victims themselves may be stripped, searched or otherwise subjected to intensive physical and psychological examinations. During an interview on the television news program "Nightline," for example, a pediatrician employed by a county protection service said, "I actually put my hand on a little girl's vagina, and asked her if that was what they did to you, and do you think it went in that far, and did it bleed?"
The problem is that laws governing due process are too often misunderstood or ignored. Accusers enjoy complete anonymity and full legal protection. Standard rules of evidence are frequently disregarded. Often, individuals accused are presumed to be guilty until they can establish their innocence. Many officials would argue, however, that saving just one child from abuse justifies the wholesale denial of human and civil rights to those accused.
Anyone--even someone who is emotionally disturbed--can accuse another individual of child abuse at any time. Indeed, it can be a crime not to report a suspected case of child abuse, and social workers and law enforcement officers can be sued for failing to investigate such reports.
Consequently, people have been accused of child abuse as a result of reporting a missing child; hugging or kissing a child; having a child who is reluctant to participate in sports, speaking out in defense of a neighbor or a relative falsely accused of child abuse; complaining about a social worker, declining to submit to counseling; changing a diaper; or having a child who knows the names of bodily parts. Similarly, a drama director who failed to cast a certain child in a particular play, a teacher who gave low grades, a father who photographed his child in the shower, and physicians and dentists who provided normal examinations and treatment have faced such accusations.
The officials who investigate cases of suspected child abuse often have limited knowledge of children. Moreover, the procedures these officials use frequently lack reliability or validity.
The use of anatomically correct dolls to investigate cases involving the sexual abuse of children is a case in point No study has ever demonstrated that such dolls produced reliable and valid evidence. Indeed, conducting such a study would be virtually impossible since the subjects would have to include children who had never been sexually abused and subjecting children to such research may itself constitute sexual abuse. Moreover, the use of anatomically correct dolls as investigatory tools has never been shown to meet the basic procedural requirements established by psychological science. Dr. Ronald Gabriel, a professor of psychiatry at the University of Saskatchewan and practicing child psychiatrist, has noted: "Many persons working in the child protection field ... do not know about the projection-evoking properties of toys. The result has been that material produced ... can appear to confirm suspicions of sexual abuse when it may actually be no more than a normal reaction of a child to the dolls and the situation. ... the suspect will almost always be found "guilty."
Do children lie?
For generations, children were thought to be incapable of reporting what really happened to them. But the current view is that, since normal children are sexually inexperienced, every sexual experience they report must actually have taken place. This argument ignores the realities of child growth and development, however.
The work of Jean Piaget suggests that children do not discriminate between thoughts and the things thought of, between episodes of play and real world events. They do not remember the origins of their knowledge, and they often mistake memories of dreams for memories of actual events. Children are not able to fully differentiate between internal thoughts and external happenings until about age 11.
People who maintain that children never fabricate with regard to sexual experiences are deluding themselves. Vengeful or disturbed adults can manipulate children into believing that they have been sexually abused when that has not been the case. Questioning by adults whom they fear and wish to please can induce children to "lie." Having done so, the children come to believe what they have said. After prolonged questioning by investigators, children often confuse fact and fantasy. When adults already (and often too willingly) believe that sexual abuse has occurred, they often deal with the alleged victims in ways that heighten the suggestibility of these children.
The situation has been further confused by what has come to be known as the "child sexual abuse accommodation syndrome." Derived from cases of incest in intact families, the syndrome includes such behaviors on the part of the victim as secretiveness and helplessness. But children who have not been sexually abused often display these same behaviors, and the syndrome has never been scientifically validated Yet, investigators continue to use the syndrome to corroborate children's statements about having been sexually abused.
Even the polygraph (or lie detector) is biased against innocent suspects who tell the truth. An innocent suspect who distrusts the polygraph test is likely to fail it. Studies have shown that failed polygraph tests are less accurate than polygraph tests that are passed. Yet juries are more likely to accept the results of a polygraph test if the suspect fails it than if the suspect passes it. After 30 years of studying the polygraph. David Lykken, a scientist with no vested interest in the instrument, has concluded that "the assumptions of the polygraph test are implausible and the evidence for its validity is weak."
The child abuse industry
Accusations involving child abuse used to be handled responsibly by established legal and family support agencies. Today the government has established a quasi-independent investigatory system for such cases that functions at taxpayers' expense. Not uncommonly today, child protection workers are women who consider themselves to be or have been of abuse. LeRoy Schulz studied protection workers recently and concluded that they tend to be self-righteous unwilling to admit mistakes, lacking in ethics, naive about children, willing to use hearsay evidence, likely to conduct one-sided investigations, and blind to contradictory evidence. Eileen Anderson found therapists to be addicted to power and often involved in a conflict of interests between their pocket books and their professional responsibilities. Writing for the Boston Globe in 1985, Eli Newberger also had some disturbing views on child protection workers. He said that "many of these individuals seem to take pleasure in inflicting pain on children, to derive personal excitement and titillation from stories of their suffering, and to relish the lively interest of opposing counsel, jurors, and their peers.”
Large national organizations, though they mean well, sometimes contribute to the injustices. For example, in a 1985 statistical report on child abuse and neglect, the American Humane Association stated, "While some unsubstantiated reports are in fact false, most reports are true.”
We are VOCAL, a group of parents and others who are FAMILY advocates. Our goal is to see children and their families protected from all forms of abuse. Many families lack knowledge about the complex laws policies, and procedures governing child protection. In most states, the child protection agencies take an adversarial stand against the families they service: information to help them understand the system is often withheld Our education-oriented services provide a balance within the community, as well as a vehicle for implementing positive changes within the system.
Although our child abuse laws were written with good intentions, disregard for the ultimate goal of these laws may cause system-inflicted abuse. Children are sometimes abruptly removed from their families and familiar surroundings without adequate investigation, creating traumatic experiences and endangering parent-child relation ships. Child protection workers may pursue weak cases and refuse to return children to their homes, not realizing the harm caused to children and families as a result of their intervention. Quite often, children now need protection from child protective services.
We have prepared this information for you as an introduction to Victims of Child Abuse Laws--VOCAL--and the child abuse system. Because the child abuse laws and policies and their Interpretations vary from state to state and even from one caseworker to another, we would encourage you to learn as much as possible about the system in general, and the laws in your own locality.
If you are currently involved in a case with a child protective agency, all the information you can obtain to bring your case to an acceptable resolution and to understand what is happening. If you don't know your rights and understand your alternatives, you will not be able to effectively make the best decisions. We have detailed information packets available to aid your attorneys, mental health professionals, and yourself. A number of the studies and articles in these packets can be submitted into courts as evidence against inaccurate statements and unacceptable procedures often used by the prosecution and child protective services.
The Professional Manual includes approximately 500 pages of information written. by experts in the field of child abuse and neglect, such as Douglas Besharov, J.D., L.L.M., and psychologist Ralph Underwager, Ph.D. It can provide you, your attorney and mental health professional with pertinent information for your own case.
The Personal Manual contains articles and personal accounts which can help make sense out of a difficult experience and aid in case resolution.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Other Publication by Robert L. Emans:
Psychology's responsibility in false accusations of child abuse
http://nfpcar.org/Reform/Our_Story/Vocal.htm#The_child_abuse_industry
Grandparents’ Custody Rights – Do You Know Your Legal Rights As a Grandparent?
Grandparents’ Custody Rights – Do You Know Your Legal Rights As a Grandparent?
Everyday across the United States, grandparents custody rights are the subject of speculation with many grandparents not knowing if they have the right of access to their grandchildren or even if they can see their grandchildren with a parent present. Fortunately, grandparents now have the right to ask for visitation or custody in all of the fifty states. At no other time has the judicial system put more emphasis on the best interest of children than it has currently.
What this means for you as a grandparent is that you do have rights as a grandmother or grandfather with full access to the courts. Judges have learned that grandparents are an important part of the lives of children and certainly more important as the divorce rate continues to increase each year. As divorces increase, so does the instances when grandparents are losing access to their grandchildren.
Also because of the increasing rise in divorce, very often grandparents are finding themselves back in the parental role just when they are entering the time of retirement. Parenting is difficult enough and the added legality of custody is an even more difficult burden. Knowing your legal rights as a grandparent is very important if you have found yourself in a custody case that requires that you take over responsibility of your grandchildren for their safety and welfare because a parent is not providing the nurturing environment required.
Unfortunately, the society in which we live today has forced grandparents to take action especially when children may possibly be in an unsafe environment. However, the courts have made the process of gaining custody less difficult and grandparents are educating themselves about the legal system and child custody in order to provide their grandchildren with the safe and nurturing environment every child deserves. Knowing your rights as a grandparent is vitally important if a child in a unsafe or unstable home.
If you are considering filing a petition for custody or visitation of your grandchildren, it is very important that you know what your legal rights are before spending money on expensive attorneys and legal fees. Knowing your rights as a grandparent can mean the difference between your grandchildren living in a unhealthy environment and a loving home provided by you. You can learn more at http://www.grandparents-rights.info and find out everything you need to know about grandparents custody rights in all fifty states.
http://pruebas.nuevosvitrales.com/rebeccaparedes/2010/07/11/grandparents-custody-rights-do-you-know-your-legal-rights-as-a-grandparent/
Everyday across the United States, grandparents custody rights are the subject of speculation with many grandparents not knowing if they have the right of access to their grandchildren or even if they can see their grandchildren with a parent present. Fortunately, grandparents now have the right to ask for visitation or custody in all of the fifty states. At no other time has the judicial system put more emphasis on the best interest of children than it has currently.
What this means for you as a grandparent is that you do have rights as a grandmother or grandfather with full access to the courts. Judges have learned that grandparents are an important part of the lives of children and certainly more important as the divorce rate continues to increase each year. As divorces increase, so does the instances when grandparents are losing access to their grandchildren.
Also because of the increasing rise in divorce, very often grandparents are finding themselves back in the parental role just when they are entering the time of retirement. Parenting is difficult enough and the added legality of custody is an even more difficult burden. Knowing your legal rights as a grandparent is very important if you have found yourself in a custody case that requires that you take over responsibility of your grandchildren for their safety and welfare because a parent is not providing the nurturing environment required.
Unfortunately, the society in which we live today has forced grandparents to take action especially when children may possibly be in an unsafe environment. However, the courts have made the process of gaining custody less difficult and grandparents are educating themselves about the legal system and child custody in order to provide their grandchildren with the safe and nurturing environment every child deserves. Knowing your rights as a grandparent is vitally important if a child in a unsafe or unstable home.
If you are considering filing a petition for custody or visitation of your grandchildren, it is very important that you know what your legal rights are before spending money on expensive attorneys and legal fees. Knowing your rights as a grandparent can mean the difference between your grandchildren living in a unhealthy environment and a loving home provided by you. You can learn more at http://www.grandparents-rights.info and find out everything you need to know about grandparents custody rights in all fifty states.
http://pruebas.nuevosvitrales.com/rebeccaparedes/2010/07/11/grandparents-custody-rights-do-you-know-your-legal-rights-as-a-grandparent/
Aware of Grandparents Rights!
Aware of Grandparents Rights!
Grandparents in every state in the United States have rights. Natures of Grandparents’ Rights are not constitutional and they do not exist in Common Law. Recognition of these Grandparents’ Rights by State Legislatures is a fresh trend. Most of the acts have been in effect from nearly 35 years.
Grandparents Rights are primarily based on State Laws and so Federal legislation may affect Grandparents’ Rights. In 1980, Congress has passed Parental Kidnapping Prevention Act. According to that each State should give full faith and credit to the custody of child decrees from other states. In 1998, Federal legislation passed legislation that courts in each State recognize and enforce grandparental visitation orders from courts in other States. All States have approved a version of Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), formerly known as Uniform Child Custody Jurisdiction act.
UCCJEA is not a Federal Statute but the provisions of this uniform law is adopted in each state are similar.
Though in the best interest of child, Courts grants Grandparents Rights like visitation or custody to grand parents only when they agree for some conditions under their State Statutes. Conditions for a grandparent to attain custody are different from those conditions required for visitation rights.
Familiarity with the conditions of either custody or visitation is important before grandparents file a petition of request from a court of law.
http://grandparentrights.posterous.com/aware-of-grandparents-rights
Grandparents in every state in the United States have rights. Natures of Grandparents’ Rights are not constitutional and they do not exist in Common Law. Recognition of these Grandparents’ Rights by State Legislatures is a fresh trend. Most of the acts have been in effect from nearly 35 years.
Grandparents Rights are primarily based on State Laws and so Federal legislation may affect Grandparents’ Rights. In 1980, Congress has passed Parental Kidnapping Prevention Act. According to that each State should give full faith and credit to the custody of child decrees from other states. In 1998, Federal legislation passed legislation that courts in each State recognize and enforce grandparental visitation orders from courts in other States. All States have approved a version of Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), formerly known as Uniform Child Custody Jurisdiction act.
UCCJEA is not a Federal Statute but the provisions of this uniform law is adopted in each state are similar.
Though in the best interest of child, Courts grants Grandparents Rights like visitation or custody to grand parents only when they agree for some conditions under their State Statutes. Conditions for a grandparent to attain custody are different from those conditions required for visitation rights.
Familiarity with the conditions of either custody or visitation is important before grandparents file a petition of request from a court of law.
http://grandparentrights.posterous.com/aware-of-grandparents-rights
Sunday, July 11, 2010
AFRa EDITORIALS-How do I find out if my rights were violated by CPS?
AFRa EDITORIALS
By Leonard Henderson
July 11, 2010
How do I find out if my rights were violated by CPS?
That's just one Search Criteria recent visitors were looking for when they found AFRa, according to our Web Counter.
As for "How do I find out if my rights were violated by cps", the problem comes from not KNOWING your Rights to begin with.
Once you find out what your American Constitutional Rights ARE, then you get MAD, because CPS violated EVERY ONE of them.
The Service or Safety Plan
It's a TRAP!
What's worse is, the CPS people have no clue that you have any Rights, either.
Their training was long ago tailored by somebody who figured out how to get American citizens to SURRENDER their rights and VOLUNTEER for CPS "services" without realizing what they are doing.
Get it? CPS people are so utterly incompetent that they don't know they are running a Color of Law SCAM.
Governments have POWERS, citizens have RIGHTS to protect them from those powers. When citizens have no Rights, any government quickly turns into a tyranny.
Apparently, ignorance of Constitutional Rights is so pervasive that attorneys don't seem to think about them, nor do Family Court "judges".
That's why I am so "in love" with the new American Bar Association National Project to Improve Representation for Parents Involved in the Child Welfare System.
I sincerely hope that lawyers in Family Law practice find out about the ABA CLE course.
It would be FANTASTIC if thousands of Parent Representative specialist lawyers became available. And it is my sincere hope that they go after the CPS Malpractice insurance for Billion$ in settlements.
In other words, sue CPS out of business and put them in prison for their Federal Crimes against America's families.
As for parents, you HAVE TO LEARN YOUR CONSTITUTIONAL RIGHTS-
THE RIGHTS-
The First, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Thirteenth, and Fourteenth Amendments to the United States Constitution.
And after you learn your Rights- Use them or Lose them- you have to have the backbone to STAND UP for them.
"...because of what appears to be a lawful command on the surface, many Citizens, because of their respect for what appears to be law, are cunningly coerced into waiving their rights due to ignorance." US. v. Minker, 350 US 179, 187
In US. vs. Johnson, 76 F.Supp. 538, 540 (1947), Federal District Court Judge James Alger Fee ruled that-
"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 suasion 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."
Oh by the way, the US Supreme Court just gutted out Miranda on July 1, 2010.
Now you have to KNOW and REMEMBER your Fifth Amendment Right and TELL THEM you are going to remain silent and demand a LAWYER. Exactly the reason why Miranda Rights came into being.
Isn't that great?
COMMENT on this story
"Better be wise by the misfortunes of others than by your own." --Aesop (c. 550 B.C.) legendary Greek fabulist
If CPS hasn't attacked YOUR FAMILY yet, see If you are ever approached by anyone from social services.... and WHEN THEY COME AFTER YOU
Learn as much as you can, as fast as you can at How To Fight CPS
Get YOUR VERSION OF HISTORY ON THE RECORD with your Sworn Declaration
Leonard Henderson, co-founder
American Family Rights
http://familyrights.us
"Until Every Child Comes Home" ©
"The Voice of America's Families" ©
I am not a lawyer and I do not pretend to give legal advice. If you need legal advice, see AFRa's Lawyer Friends who certainly are not pretenders (http://familyrights.us/info/law) I merely relate the things I learned in the past that seemed to work in my own case or things that others have related to me that worked in their cases. I provide information for free and do not expect to receive any form of payment or reward on this side of heaven. Therefore, DO NOT rely on this information as legal advice. Real Legal advice would come from a real lawyer who hates CPS and prepares a VIGOROUS DEFENSE against a negative (proving nothing happened) instead of talking you into a plea bargain (http://familyrights.us/bin/The_Problem_with_Plea_Bargaining.htm)
http://familyrights.us/news/archive/2010/july/rights_violated.html
By Leonard Henderson
July 11, 2010
How do I find out if my rights were violated by CPS?
That's just one Search Criteria recent visitors were looking for when they found AFRa, according to our Web Counter.
As for "How do I find out if my rights were violated by cps", the problem comes from not KNOWING your Rights to begin with.
Once you find out what your American Constitutional Rights ARE, then you get MAD, because CPS violated EVERY ONE of them.
The Service or Safety Plan
It's a TRAP!
What's worse is, the CPS people have no clue that you have any Rights, either.
Their training was long ago tailored by somebody who figured out how to get American citizens to SURRENDER their rights and VOLUNTEER for CPS "services" without realizing what they are doing.
Get it? CPS people are so utterly incompetent that they don't know they are running a Color of Law SCAM.
Governments have POWERS, citizens have RIGHTS to protect them from those powers. When citizens have no Rights, any government quickly turns into a tyranny.
Apparently, ignorance of Constitutional Rights is so pervasive that attorneys don't seem to think about them, nor do Family Court "judges".
That's why I am so "in love" with the new American Bar Association National Project to Improve Representation for Parents Involved in the Child Welfare System.
I sincerely hope that lawyers in Family Law practice find out about the ABA CLE course.
It would be FANTASTIC if thousands of Parent Representative specialist lawyers became available. And it is my sincere hope that they go after the CPS Malpractice insurance for Billion$ in settlements.
In other words, sue CPS out of business and put them in prison for their Federal Crimes against America's families.
As for parents, you HAVE TO LEARN YOUR CONSTITUTIONAL RIGHTS-
THE RIGHTS-
The First, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Thirteenth, and Fourteenth Amendments to the United States Constitution.
And after you learn your Rights- Use them or Lose them- you have to have the backbone to STAND UP for them.
"...because of what appears to be a lawful command on the surface, many Citizens, because of their respect for what appears to be law, are cunningly coerced into waiving their rights due to ignorance." US. v. Minker, 350 US 179, 187
In US. vs. Johnson, 76 F.Supp. 538, 540 (1947), Federal District Court Judge James Alger Fee ruled that-
"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 suasion 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."
Oh by the way, the US Supreme Court just gutted out Miranda on July 1, 2010.
Now you have to KNOW and REMEMBER your Fifth Amendment Right and TELL THEM you are going to remain silent and demand a LAWYER. Exactly the reason why Miranda Rights came into being.
Isn't that great?
COMMENT on this story
"Better be wise by the misfortunes of others than by your own." --Aesop (c. 550 B.C.) legendary Greek fabulist
If CPS hasn't attacked YOUR FAMILY yet, see If you are ever approached by anyone from social services.... and WHEN THEY COME AFTER YOU
Learn as much as you can, as fast as you can at How To Fight CPS
Get YOUR VERSION OF HISTORY ON THE RECORD with your Sworn Declaration
Leonard Henderson, co-founder
American Family Rights
http://familyrights.us
"Until Every Child Comes Home" ©
"The Voice of America's Families" ©
I am not a lawyer and I do not pretend to give legal advice. If you need legal advice, see AFRa's Lawyer Friends who certainly are not pretenders (http://familyrights.us/info/law) I merely relate the things I learned in the past that seemed to work in my own case or things that others have related to me that worked in their cases. I provide information for free and do not expect to receive any form of payment or reward on this side of heaven. Therefore, DO NOT rely on this information as legal advice. Real Legal advice would come from a real lawyer who hates CPS and prepares a VIGOROUS DEFENSE against a negative (proving nothing happened) instead of talking you into a plea bargain (http://familyrights.us/bin/The_Problem_with_Plea_Bargaining.htm)
http://familyrights.us/news/archive/2010/july/rights_violated.html
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