On my last blog, I wrote about CPS abuses. Today we are going to look at how to combat this. My apologies I had written this article would come Saturday, but I have a unforeseen event come up so ...here it is.
What exactly is social security and the number?
Social security is a social based system, in which a person is able to pay into the government (whom is supposed to act in a fiduciary capacity). The idea is that one would work until a set age, then would be able to retire living off the payments to the individual. Other times, its a person whom is suffering from an uncurable form of disability.
The most often over looked features of Social Security is:
- its really a form of slavery
- the provisions that govern CPS, Child Support, etc are all used by state actors to attack families.
Today we will only be elaborating on provisions that are implemented by Department of Human Services.
So lets begin, there is no law codified into positive law regarding CPS, child support, alimony. These issues come all upon any information you give the representative. So to be clear, everything is voluntary. I cannot stress enough, exercise your constitutionally protected right of not offering any evidence to any government agent acting in any of these capacities.
Now, in order to protect your children you really shouldnt issue them Social Security Numbers. As theyre issued and owned by the state of birth, and basically opens the door to state actors. However, if your children have numbers dont worry.
How to get remedial action
Inorder to take action youd want to do a few things. This goes for CPS and Child Support. You need to write a letter to agency (CPS, Child Support, Family Court) explaining that your civil rights where violated often times as we will see 4th, 5th, and 14th Ammendments are most often violated.
Now its time for some facts, CPS and Child Support are executive agencies that are created to be a single and seperate unit from the executive branch. Congress created these agencies under 42 USC 654(3), 42 USC 454. In order for these agencies to take action against families, they have to "enter into agreement" with the county.
According to Blacks Legal dictionary, entering into agreement means excersizing a contract- a contract is formed.
Under this contract, the agency can hire:
- Sheriff
- Judges
- Clerk of court
- Lawyers
So in this letter you can inform said agency that this contract upon (you, your family, your children) is illegal and our constitution prohibits such . ** If youre paying support via Child Support or alimony, this is called bill of attainder due to its nature of using your social security number and is prohibited Federally and in every state.**
So, to recap
Step 1. Write letter to agency outlining that their actions (removing children from home, prevention of seeing children, paying child support, alimony, any dealings in family courts) was done so in an act of fraud and often duress ( intimidation threats). The letter itself and response should be safeguarded.
This will satisfy various tests and allow you to goto court, stripping the defense of claiming 11th ammendment protections.
Constructing a complaint
The next step is to file a complaint in district court - Federal Court. The basis of your complaint will be, 42 U.S. Code § 1983 - Civil action for deprivation of rights, 42 U.S. Code § 1985 - Conspiracy to interfere with civil rights
Because the agencies contract other "actors" at a county level, (remember municipal liability) it is also conspiracy. In last post, I tried to outline that the performance incentives almost encourage conspiracy.
If children where removed from home, without notice or right to appeal a decision this is a violation of your right to civil due process.
In your complaint you will explain your case and how these laws - rights where violated. Be sure to name all parties, even the jerk who called himself a "judge" in family court. Name them all in their official and personal capacities.
Ask for 15,000 for each rights violation, while demanding a jury trial. Demand: the safe return of your child, visitation, end of child support(monthly amount and arrears if any), alimony. The goal here is to pile the burden of proof so high, it'll never go to trial...because this is a multi-billion dollar industry. If CPS and child support alone where discontinued then every state would eventually go bankrupt.
The reason Im tying child support into this as familyprotection is due to it being a precursor to CPS opening the door and taking child(ren). This is reason why I wrote and asked to pay attention to youtube video, as it stated delinquency of child support payments as reason to enter home. Then like 75% of all cases CPS made the allegation of negligence, when in reality the family was just living in poverty.
Next time I will write a little further about child support. I just want to add something personal. I was taken from my families home along with my brothers and sisters. This happened to us in wake a tragedy (Dad losing his spouse-my mother figure in an accident. )CPS can decide on a whim, when a person is "fit" or not. We where placed into foster care, whom was very abusive in many manners.
When I write about child support again, itll be to expose the notion its to benefit the children.
@drtarts
@familyprotection
@canadian-coconut
Legal resources
Sue Kruse vs STATE OF HAWAII
No. 94-16519.
Blessings VS FREESTONE
Johnson vs State of New York Monroe City, Child Support Enforcement Unit, 21 Fed App’x 41, 43(2nd Cir 2001) (citing Mancuso vs N.Y.S Thruway Auth, 86 Fed 289, 292, 296 (2nd Cir. 1996)
Connick v. Thompson 131 S. Ct 1350, 1359 (2011)
Monell v. New York City Dept. of Soc. Servs, 436 U.S 685, 692 (1978); Cash v City of Erie, 654 F. 3d 324, 333 2d Cir 2011).
Jones v. Town of East Haven, 691 F.3d 72, 80 (2d Cir. 2012); Bd of Comm’rs of Bryan Cnty v Brown, 520 U.S 397, 403 (1997).
45 CFR §302.34
*** i am not a lawyer nor a law firm. I do not advocate you do not provide for your family. Rather that your family is yours, and not the STATES.
I am SO SORRY to hear that you and your siblings were taken from your father and put into Foster Care.
Perhaps one day you can write about your experience for us.
I hope these posts get the audience they deserve - people resteem these posts - you almost couldn’t believe it can happen in this day and age.
You’re a brave man to open up about it, and I applaud you, Sir.
We all want more information on this. While I was reading this, I was literally having all the horrible things that could happen before, during and after a jury trial flash before my eyes. I'm choosing to ignore that because it stems from fear.
I advocate for more people really learning how to navigate these the system.
EDIT: Forgot to add, I would love to learn to live without the SSN number attached to every damn thing I do and process in order to properly live.
Can you elaborate on what youd like to see more of? Social Security numbers and how its used? Child Support system and how its used?
Thanks
What I was specifically referencing was: helping someone navigate through the system. You started to do that by giving steps. I have a feeling each of those steps already have more information attached to them than you could ever put into one post. I suggest making a post for each instruction, for each step.
Include:
You also mentioned in this article "not to worry if you've already gotten your child a number..."
We would like more information on what to do about that:
There's really a giant rabbit hole and you've brought up some new and fresh ways of seeing it. And I'm just saying, I feel safe enough to say, "Yes, we would like more information..."
What I've listed is more great ideas to add to whatever you were going to expound on. :) I look forward to it.
Thanks for you
Yeah thanks for this awesome feedback!
Yes more detailed steps would be more difficult as its a lot.
But will do my best to unravel so its easily understood and can be implemented that way.
Yeah good feedback, I'll strive to embody this on next post.
I'm personally not expecting ALL of that in one post. I couldn't do that in one post. That would into a course, an instruction manual or a really terrible whitepaper. :) (Nerd joke). Either way, I look forward to it.
Ive read my share of neverending whitepapers. 😅
Many many thank sir..
@hippie-witha-gun ... would you write something to this effect? I mean you know better then I do, your story is inspirational. Could you do that?
This has to be one of the most absurd advice I've heard anybody give someone. It's just going to make the problem worse by being defiant.
@sunlit7, it seems as though you consistently have a problem with the advice given in Family Protection posts. If we can't seek out some way to defend ourselves, what then?
The advice to dutifully comply is already given at every opportunity. If it were useful to those involved in Family Protection activities, there would be no Family Protection posts. Lack of defiance - or even reasonable defense - is part of what has caused the massive overreach issues in the first place.
Non-compliance is difficult, costly, and uncomfortable. No one swims upstream unless there is serious reason to do so. Being told to swim back downstream is really not helpful.
Concerning this post cooperation is always better then defiance. One would only be digging themselves further into the hole going to court using the advice this person gave. Advice like this has never served tax evaders any good it's certainly not going to help someone who has lost their kids. It's going to send the parent out of the courtroom after being told when you decide to cooperate we'll schedule another hearing, it's only going to prolong the time it takes to get their kids back. This advice is so out of the loop the judge may even consider one's mental health as being unstable, thank goodness that unlike a tax evader at least a person spieling this before a judge couldn't get sent to prison like a tax evader would. There is good advice and there's bad advice, if someone's kids have already been removed now wouldn't be a good time to make this spiel before a judge.
I see - initially in reading through I thought this was advice to someone who'd already gotten their kids back but was looking to pursue action against those who had traumatized them.
I agree: going in with guns blazing when you don't have your kids safe in your hands would more than likely blow the entire thing up in your face.
It's the same reason I would never go to jail for parenting decisions if I could help it - meaning, I wouldn't "stand on my rights" while my kids are in danger because my first and greatest concern is maintaining my protection of them, which is impossible from jail.
Exactly, putting all your effort into focusing on the kids and getting them back I agree is best, it's no time to go off being a social justice warrior for the causes unrelated at said time. Stand your ground but not when your children are in peril.
Absurd? No its absurd that an agency is given power to TAKE from people. When a persons rights are violated they have little recourse. That is absurd.
That being said I'm not advocating violence nor defiance, this is the way the provisions are written. Compliance ( with agency) equals consent. You litterally have to drag your feet and fight, screaming you do not consent all the way.
Yeah well a lot of people have their own interpretation of whats been written and they've gone to prison over it. Tax evaders come to mind, kicking and screaming all the way to their cells.
Ok. I can understand that. We are talk about :
An agency that is created under executive branch that
Denies right to trial among peers
Compels use of SSN
Acts via contract with state and county authorities
Takes children
Defrauds families saying there was a "judge" when there was a judge hired to act as a commissioner. Outside mind you of civil or criminal court.
This is very different then evading taxes.
interesting post, thank you for sharing.
Thank you
Do you have information about whether this letter really helps those affected? especially because the processes they perform are totally flawed and complain to whoever executes them is like talking to the wall
Look at Kruse VS HAWAII
The letter is not an entire fix. Its a beginning of a process, where as your writing them to tell them theyre violating your protected rights. Its very hard to SUE. a state. But an agency at the county level is the aim. The response of the letter is what individual will use as docket A, later evidence.
I've read a few today where theyre in the home, and the family is feeling duress. What could be done here is simple outline of rights in the beginning followed by a series of questions. Then requiring the parties signatures.
The letter initially is crucial as it strips the agency of the ability in civil court to claim 11th Amendment protections. (And this will be their first defense as it usually is used for STATE prorections.
Wouldve KRUSE used the letter, she wouldve satisfied the burden of proof.
https://en.wikipedia.org/wiki/Rooker%E2%80%93Feldman_doctrine
I will write a sample letter, along with something others can use in home (if necessary) to help get them out, or at least strike fear into them.
Thanks for the great question @mgaby. I hope I answered your question, satisfactorily.
https://steemit.com/familyprotection/@ihashblox/combatting-dhs-cps-child-support-sample-documents-7e1e2bff807a5
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