Re: Ray attempts Biblical justification: was Re: U.N. rules Canada should ban spanking

Michael S. Morris wrote
> If this is true, then every CPS caseworker having removed a single
> one of these 103,144 children should be doing life in prison
> for violation of Section 241 or 242 of the United States Code.
> 
> No child should ever be removed from any home without conviction
> of the parents in a jury trial for abuse or neglect of that
> child, and prior prescription by law of removal of that child from
> the home as part of the punishment. Short of that, the CPS worker 
> is committing kidnap to take a child away from a parent.

You mentioned 18 USC 241 Conspiracy Against Rights
        and  18 USC 242 Deprivation of Rights Under Color of Law
Don't forget 42 USC 14141 Pattern and Practice

Plus Child Protection caseworkers commonly retaliate if people file in
court (1st Amendment right to seek peaceful redress of grievances)

14th Amendment right to Family Association (need extreme justification
to abrogate this, not just "at risk of maybe someday?"

4th Amendment right against unreasonable search and seizure
(Therapy which is not therapy but more witch hunting)

4th Amendment right against unreasonable search and seizure
  (If they refuse to give standards for home inspections)
 (Home inspection is a search warrant lacking required specifics.)
  (AKA "Fishing Expedition")

6th ("Walking 6th" Public Pretenders doing stipulation Judas thing.)

6th Various failures to provide process that it due.
   (Many many items in Welfare Code, Reasonable Efforts etc.)

14th right to have
   unpopular views re spanking, caseworkers or social workers

And the part you mentioned about a JURY is only done
in certain circumstances in one or two states.

They get around that by saying that you are not charged
with a crime, therefore you don't get the protections.
 (Even though Child Removal is an issue that treads on
  LIBERTY INTEREST, the main REASON for jury trials on
  the criminal side.  People need to raise more heck
  about the fact this is not a PETTY affair, but a
  LIBERTY INTEREST issue and so should be afforded full
  constitutional protections.)

> So, why not skip over this "go-to-a sequence-of-hearings-to-plead
> -with-them-to-get-my-kids-back" stuff and simply file criminal 
> charges? Prosecute the hell out of any CPS caseworker removing 
> children from homes where the parents have not been convicted 
> by a jury of criminal abuse or neglect. Put those CPS caseworkers 
> in prison, where they belong. Cut them precisely zero slack.

Possible, but there is a lot of resistance from Judges
in Federal Courts who don't want to overrule state courts.

Another barrier is the States cloak their Child Protection
caseworkers in qualified immunity and for some things they
have absolute immunity.  (States rights issue vs. Citizens Rights?)
But it is also said that an agency has no Civil Rights.

The best chances seem to be using Ch (42?) USC 1983 and 1985
to sue for civil rights violations.

Citizens who know their legal rights in general,
are in for a major shock if they tangle with
Juvenile Court.  Standard of evidence is gossip,
innuendo, and "preponderance of evidence" which says
that because they slung a pile of mud, and most of
pile of mud is against you, you lose.  They barely
if ever sling mud in your favor.  This is said to be
a violation of 6th Amendment right to due process
because of "abuse of preponderance standard".
 
I am NOT an attorney, and proud of not to be.
There are others who know vastly more than me,
both inside and outside of the priesthood of law.
Use this information at your own peril.

Please consult CPSWATCH or Profane-Justice websites.