Monday, 21 April 2008

  •  my Asylum : Li

     cm 6 collin

     

     

     

     

     

     

    The law requires that the welfare of the children be the paramount consideration. The law also requires that all of us be treated equally. And yet, it would seem that those amongst us charged with the welfare of the nation and its citizens appear to think otherwise.


    This account , to most Americans would be horrifying, and rightly so. Everyone,regardless of race,nationally,religion ,disability or class status has god and country assured rights of life, liberty, and the pursuit of happiness. What should be even more horrifying to the American public is the fact that accounts like this happen, every day right here in America, Land of the FREE …

    The right not to be deprived of  life, liberty or property without due process of law is a cornerstone of the American way of life, the founding predicate of a document that encompasses the supreme law of our country,  OUR Constitution.

    Why then , in this country, Parental rights are routinely and effectively terminated when agents of such agencies like DHS, CPS, CCSS  leaves a home with the children. This does not protect the right to due process. Parents are automatically denied the right to be present at interviews and  examinations or to even speak with their children. If  they have visitation, they are forbidden to speak about  the event or even initiate a hug  lest the visitation be immediately terminated. They have absolutely no say in their children's lives, who will care for them and how,or in the treatments the children will receive.

    The children’s right’s to due process are also violated by these actions. To all appearances, they are being punished because they are being denied access to their beloved parents, their family, their homes and their friends. They are patted on the head and told that it’s all for their own good, or in our case “ Mommy and Daddy are taking a little time off so they can learn how to be even better parents for you”. When they act out their anger and fear due to the states  horrific rending of their family , and the removal of everything they know and love, they are drugged into compliance against their wishes and the wishes of the parents, all at the unilateral whim of a case worker .Social workers often attribute the actions of the children to bad parenting or proof of the presence of domestic violence in the home ( ex; this child screams because there must be a lot of screaming matches between the parents) again completely disregarding the simple and obvious cause,P.T.S.D .

     YOU HAVE THE RIGHT TO…………

    Did you know that you have the right not to be compelled to be a witness against yourself?  The absolute worst criminals are afforded this right in full( Miranda “ you have the right to remain silent, anything you say can and will be used against you”) and almost every American man,women and child can recite it verbatim, but victims of CCSS are never afforded this basic right, and are often forced by these agents (CCSS) OR  as in our case a police officer,  to disclose information that is often twisted and misrepresented  and inflamed , then presented to the court as fact. Parents are seldom if ever informed that what they say will be used against them. Even more horrifying, despite H.I.P.PA  regulations, you are coerced into signing  for the release of private  medical and psychiatric information which is once again, a violation of your right  not to be a witness against yourself. Failure to sign these releases result in RETAILATION by CCSS agents or court ordered released of your information against your will. remember, you still haven’t even been charged with a crime, but you are still “held to answer” for charges that are in substance, the same as if they had been criminally charged. If the substance is the same as the crime,then the protections must likewise be the same.

    YOU HAVE THE RIGHT TO ………

     

    You have the right to be secure in your person, your house, your papers and effects against unreasonable searches and seizures.           No one can come into your home and simply confiscate your television, but, CPS/CCSS agents routinely enter a family’s home without probable cause, without warrants and without court orders, and many times with force (in our case violent force (www.kglaser.blogspot.com} and ruthlessly remove the children to places unknown without any evidence of abuse or neglect and not even a hint of “imminent danger”. This happens thousands of times a day, often to the poor or disenfranchised, and with no money to fight, they have no recourse. With the children in the custody of the state, and with physical possession being nine-tenths of the law, it can take months if not years to get your child/children back despite the fact that, in the absence of evidence, probable cause, or a warrant, your child/children have been taken illegally.

    We were denied access to our children without having been found guilty of any crime against us.We felt as though this was done maliciously, as punishment for us having refused to (1) admit guilt and agree to accept their efforts to reform our apparently flawed method of parenting, or (2) accept a plea bargain (and remember, we still have not been charged with any crime whatsoever). Not only is this denial of due process, it is cruel and unusual punishment for both us and our children.

    Warrant less searches like the one inflicted upon us are used by CCSS to obtain access to the children and interview them on the spot in a separate room, completely disregarding the trauma they inflict on the children , and with complete disregard for the right of  parents to oversee and protect their kids .These children are often strip searched and their naked bodies photographed. I f the parents object to such intrusions and interviews, they are accused of hiding something, and this assertion of their God and Country given rights is erroneously assumed to be proof of guilt.

    Let me be clear, everyone,no matter who they are or what country they are in,has the inaliable right not to be subjected to cruel and or unusual punishment (torture).We as Americans are champions of this freedom, yet we allow state sanctioned torture every time they remove a child from loving, careing, non-abusive home.Doing so without due process exacerbates the injustice.

    The children,ostensibly have a voice through the court appointed Gardian ad litem, but in substance,their voice is ignored by all who profess to protect them,and their voice is silenced to their parents whose hands are tied from protecting their beloved child.This unwarranted and unsubstantiated separation is cruel and unusual punishment whether it comes before or after a conviction, or as in most cases(like ours) without any conviction at all . The substance of the action is to punish.

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