CPS ignored the Judge...

I am so miffed and somewhat confused...in 2001 I was falsely accused of child abuse. It was a boyfriend's daughter who was 3 at the time and was "interrogated" by the daycare for 3 hours! There were never any criminal charges filed against me, and the jv case was ultimately dismissed when the 3rd state witness impeached the states evidence.

So here I am in late 2005 thinking that everything is all fine and dandy because the Circuit Court Judge dismissed the case in 2002 and openly admonished the CW and the DA for even bringing the case. (they were attempting to remove only my 3 children from my custody based on the allegations, DHS had already forced me to move out of our shared home in order for the child to be returned to her Father)

Long story short, my best friend recently had some serious drama. His ex-wife was arrested for manufacture/delivery of a controlled substance and 4 charges of endangerment/neglect. So one Tuesday afternoon he becomes a single, full-time Father of four, ages 7, 5, 2 and 9 months. I am recovering from an accident and he asked me to watch the children while he is at work while he tries to hire a nanny, no simple task.

The DHS-CPS cw wants to know who is watching the children so he gives her my name. She calls me, literally 8 weeks after I have been watching the children and says that I am not allowed to be in the care and control of the children while there is an "open" case because I have a "founded allegation of abuse" from 2001. I explain to her that the case was dismissed and she promptly tells me that the court case is "separate" from their files, and the disposition of the court has no bearing on the status of the file. I said you filed in court and the judge ruled against you so your file should reflect that of the adjudicator. She had the gall to tell me that she didn't give a damn what the judge said, I am a child abuser and she is "very disturbed" that my friend hadn't told her about my "history".

So I say, why in the world would you take an issue to a court to adjuicate if it you don't recognize the findings of the court? She goes into that I had 30 days from the inception of the "founded allegation" to dispute it and ask for a formal hearing within DHS itself and that since I have not proven to DHS that I am not a "child abuser" to their satisfaction then the file label will stand indefinately. So I went to court and the case was dismissed and I have to prove my innocence to who, a panel of morons who abduct children from their homes for the "greater good"? The greater good of whom exactly?

Has anyone heard of this bs before? And how do I fight it? I have talked to the cw to no avail, her supervisor is worse...like talking to a brick wall. I called the Governors Advocacy/ombudsmans office and she spewed the same nefarious BS as the others. Do they brainwash these fools?

I have been blacklisted! And I am innocent! I was going to call the judge and tell him what they all said... his rulings mean literally nothing to them; but some crackpot drove an SUV into the courthouse and set it on fire this weekend so I can't...they're closed FFS!

Any suggestions?

[macerico]

I have no real answers, but if the charge was dismissed by a court of law, I'd say for them to maintain an open case against you is a violation of your civil rights under color of law.

However, at this forum, we discourage getting into a legal fight with attorneys (for very invovled sovereignty issues).

Then again, CPS-type agencies have operated above the law for a very long time. I'm not sure what, if anything, can be done. :(

[Livefire]

If you're going to take anyone to court, its going to have to be at the Federal level....the only caveat is this....you state you have kids......if you take them on they will most likely open a case against you and try to kidnap them. Discretion is the better part of valor. Let them stay with an out of state relative before taking them on.

There are a few ways to deal with them but you're going to have to educate yourself first! Macerico is right....they operate outside of any law but their own. If you wish to see lawlessness at work check out www.avoiceforchildren.com

[weishaupt1776]

They get jurisdiction w/ the Birth Certificates

[citizensoldier]

Originally Posted by weishaupt1776

They get jurisdiction w/ the Birth Certificates

A birth certificate is simply a certificate of title. The State gains authority over the fruits of marriage via the state marriage license. In the event of a dissolution of the marriage contract with the state, the contract terms of the divorce secure the state's interest in the children (fruits of the marriage) until they attain a majority of age. I suggest anyone that has undergone a divorce to review the divorce decree and reference each and every word of it using a law dictionary.

[theghost]

Originally Posted by citizensoldier

A birth certificate is simply a certificate of title. The State gains authority over the fruits of marriage via the state marriage license. In the event of a dissolution of the marriage contract with the state, the contract terms of the divorce secure the state's interest in the children (fruits of the marriage) until they attain a majority of age. I suggest anyone that has undergone a divorce to review the divorce decree and reference each and every word of it using a law dictionary.

I concur with citizensoldier here. In the event of dissolution of marriage (which I highly recommend), it is also necessary to divorce/disolve the state as a party to the marriage, otherwise the state remains married to you. Alfred Adask wrote an excellent article on this subject many years ago, called divorcing the corporate state. I wonder if we could divorce the state, and then demand alimony from it(?)

we, the father of the children and I have been divorced for some 12 years now so the dissolution is already solved. I have looked into filing in circiut court against the state, the dhs worker, daycare etc, all parties involoved in the original "case" to seek damages. I am still working on the pleading, the exact phraseology to use and format, etc. It's a work in progress, but certainly something that I intend to pursue and take the the highest level of court possible. Thanks for your input.

I got a call from the devil incarnate today, seems that they didn't send me the proper ppwk with the instructions on how to file an "appeal" with their agency to dispute the allegation. HA! So she is now sending it and I may still be able to remove that term from the file. We shall see if I can take on DHS and come out unscathed.

Please let me know how it goes as I am dealing with the same crap from those people here in NJ.
Dan