First let me preface this post by saying I am not a lawyer, I base what I speak about on my personal experience and the results of my actions. I do not claim doing what we did will result in a similar outcome. So this is not legal advice and is only a recounting of my personal experience.
The following information was learned from an encounter with the CPS in Texas. I was called on by a friend who they were trying to take her child. She knew I had experience dealing with law enforcement and have won a Supreme Court case that involved gun ownership resulting in Texas changing the laws to allow open carry. Chiarini v Texas
I have a good understanding of a person's rights, and this friend wanted me to look at the paperwork CPS was using to justify taking her child.
The advice I gave her, was successful and caused CPS to back off and eventually drop the case.
UNDERSTAND YOUR RIGHTS
The first thing you must understand. CPS is a private corporation. They do not have jurisdiction over you or your child, or to come on to your property and take your child, UNLESS YOU LET THEM.
When I say LET THEM, realize just like when you get pulled over for a traffic violation, and the officer asks you to step out of the car if you comply and step away from the door, you just gave up your rights that require them to obtain a search warrant.
Even if you previously denied their request to search, without saying a word you give up that right by leaving the door open. They can now legally search anywhere except the glove box if it's locked.
All you had to do was to shut the door (and lock it if you can but technically just closing the door will suffice) will stop them from entering your property without a warrant.
The jurisdiction of the "CHILD" Protective Service is similar in this capacity. They have no right to enter your property, tell you to take a drug test, take your child or make you jump through any hoop they want, AS LONG AS YOU DONT ALLOW YOURSELF TO FALL UNDER THEIR JURISDICTION.
LAWS ARE WORDS. KNOW THEIR MEANING
Laws are carefully crafted statements made up of words that have precise meaning. Not necessarily the definition you think they do, but in the world of legalese, they may mean something utterly foreign to what you think they mean. In some cases, the punctuation could be the deciding factor that results in going to jail or going free. Every word, every punctuation used to create the laws are carefully thought out and have specific intent.
The name of the PRIVATE for-profit corporation that does business by CHILD PROTECTIVE SERVICES uses specific words to describe itself and to establish its jurisdiction.
Their partnership with the courts is something of a concern to liberty minded people. As more people become aware of the grey area, this corporation exists in flags are getting raised and challenges to their jurisdiction filed.
WHAT YOU SAY MEANS EVERYTHING
Understanding words have meaning; you must never refer to your child as YOUR "CHILD." You must refer to them as your "PROPERTY."
You and your partner created that PROPERTY. No one gave you the materials, funds, or permission to do so. It is a creation that you own all the rights. No one has the authority to TAKE THAT PROPERTY from you. BUT the second you refer to that property as a CHILD, you forfeit your rights and give the "CHILD" Protective Services jurisdiction to claim the child.
Understanding this is paramount! NEVER call them your CHILD, ALWAYS YOUR PROPERTY.
They will try to trick you in to slipping up and saying it. IF YOU DO, game over. I'm completely serious, just one slip of the tongue and the words that come out of your mouth will open the door for them to run your life the same way leaving that car door open for the cops to search your property.
UNDERSTANDING JURISDICTION
What that does is take the claim out of the civil realm and puts it into the Criminal jurisdiction. How? If someone comes to your home and steals your PROPERTY that is theft. Even if they have already taken your PROPERTY (child) and you are just learning about what I'm saying after the robbery took place, there is still a chance that you can get that property back. It will be difficult because you already gave up your rights by signing their documents and telling the court you believe they do have the right to take your property, but its worth a shot regardless.
WHAT YOU NEED TO DO
What you need to do is go to your local courthouse and file criminal charges for theft of property. As a description of that property use a photo of your (child)property and where is says description of the property, put "see attached photo" and attach that photo to the file. Make the demand that you give them 48 hrs to return your property to you or you will have them arrested for theft. File this on every CPS representative associated with your case. Also file on the individual law enforcement officers that were there to oversee your property taken.
In my friend's situation they had given her a piece of paper that stated:
Due to the refusal of the mother to comply with our investigation, we FEEL she MAY pose a threat to the welfare of her son. We also BELIEVE she MIGHT be using illegal drugs in the presence of the child. We FEEL her actions COULD jeopardize his safety, POSSIBLY resulting in the child experiencing permanent emotional damage. Therefore we BELIEVE it would be in the child's best interest IF we removed him from his mother's custody.
When I read that paper I was so shocked I nearly fell out of my chair. BELIEVE, MAY, MIGHT, IF, COULD, WE FEEL, are you serious?
How about WILL, IS, KNOW, to describe things that HAVE taken place as your justification to take someone's child.
I know there are some shitty parents out there that removing the child from their care is probably the best thing to do.
However, in this case, the anonymous complaint resulted in no finding of any evidence to confirm their FEELINGS was enough for them to continue their attack, and they demanded she turn over her child immediately. If she refused they stated they would come and get him at a particular date and time.
SO THIS IS WHAT SHE DID
I told her to send a registered letter to the caseworker at CPS stating the following.
If you step one foot on my property, I WILL take that as threatening my safety. If you make an attempt to take my property, while I am home or away, I WILL contact law enforcement and have you arrested for trespassing. Since your papers state you intend to take my property, that will be considered attempted burglery. A conviction of these criminal acts may result in jail time and or a fine that will be determined by a judge. I will pursue every legal avenue available to me to ensure the safety of myself and my property. You or any representative acting on your behalf, do not have the authority to enter my property for any reason. Any attempt to contact me further about this matter WILL be viewed as harassment. Any statements you make claiming you are going to take my property will be considered terroristic threats.
If you ignore this warning and attempt to contact me at my place of business, I will consider that stalking and harassment. If you attempt to communicate with my property while at school, or anywhere my property may be, I will have you arrested. You do not have any jurisdictions over me or my property. This letter serves as your official warning.
THE DAY OF RECKONING
We heard nothing from CPS regarding the letter we sent them. The day finally arrived that they warned would be when they came to get her son. Just in case, we removed him from the residence while we sat and waited for the cop knock at the door. It never happened.
To this day they have not sent any correspondence and it's now been several years since this all took place.
Please contact me with your experience if this information works for you.
[email protected]
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