Some of the latest news on the #freeJustina Pelletier case...
The parents went to court on Monday, March 17th, as the judge directed to hear the judges' decision on the placement of Justina. Once again, Judge Joseph Johnson, added insult to injury by not making any decision. He said he was going to make a decision by Friday. Why Friday? Your guess is as good as mine. It makes no sense really. How can the judge keep postponing the decision? Hasn't the 13 months Justina has been in Massachusetts DCF's custody enough time to make a decision on the family or even the placement of Justina?
Monday was also the day Justina's situation appeared on Dr. Phil. I am thankful he gave more national coverage to the plight of Justina! I included a clip from the show. If you look around a bit on You Tube you can find the full episode if you want to watch. In the full episode you can see the shock of the head of Child Protective Services in Los Angeles. This case is appalling and there seems to be no end in sight of the wrong doing of Mass. DCF and Judge Johnson!
So why isn't Justina home yet or at least on her way there? In a very telling radio interview constitutional attorney Mat Staver, of the Liberty Coalition, spills the details of court documents he had obtained. Apparently Judge Johnson can order a child removed and custody be given to DCF; however, when he issues an order to return Justina DCF can ignore that order! What you say? Yes, the Judge wanted to return Justina to her family MONTHS ago but DCF has been ignoring his court order.
If you are like me then you begin to wonder... How in the heck can DCF ignore a judge's court order. It is pretty simple really. In an article from MassOutrage the group details just how corrupt DCF really has become in the twenty years! According to the article a couple of court case decisions back in 1995 gave DCF almost complete control of the children in its custody. The only way a judge would interfere is if someone can prove they used an "abuse of discretion." Normally one would think this is a good idea but judges have turned a blind eye to abuse of children given out BY DCF but if a parent had done the same action DCF would have swooped in and taken the children away. You can't even sue DCF because they have been granted "qualified immunity." Basically the ONLY way you could sue DCF is if they violate a "clearly established" constitutional right (which is why you NEVER open your door to a DCF worker!... Fourth Amendment).
So what are clearly established constitutional rights? They are rights specifically listed as being protected in your state or federal constitutions such as free speech. Parental rights are considered "reserved powers." This means that it is a power not specifically given to the government or by the constitution and belongs to the people under the Ninth Amendment of the Constitution. ALL powers, including parental rights, which are not mentioned in the Constitution are kept by the people under the Ninth and Tenth Amendments (I did not know that! Thanks MassOutrage!). Since parental rights are reserved powers the government has the ability to take your child away whenever it sees fit. Why? Because the government sees itself as the parent to people unable to take care of themselves (children, disabled and elderly). You birth them, love them, pay for them but the government OWNS them! Don't believe me? Look it up! Parens Patriae... In Wikipedia it defines parens patriae as a "public policy power of the state to intervene against an abusive or negligent parent, legal guardian or informal caretaker, and to act as the parent of any child or individual who is in need of protection. For example, some children, incapacitated individuals, and disabled individuals lack parents who are able and willing to render adequate care, thus requiring state intervention." So the government has reserved the right to have control over your children and you are only holding them for the government! If you make the government mad (for any real or imagined reason) the government can seize control over your child. You have NO POWER! If the government takes your child your best hope if to pay for the very best attorney you can afford and fight them, politely but firmly, in court. (I did a lot of summarizing from the article on MassOutrage. Please take the time to read the article in its entirety. It really is a rather exceptional piece!)
This is EXACTLY what they have done to the Pelletiers. They have been fighting alone, then they got help from the media, and the public. Finally they have been getting help from billionaires, nationally recognized attorneys, national media, legislators, and many many others but DCF still has custody of Justina! DCF does not even have a plan to return her home to reunite her with her family!
Not to say the government doesn't need to step in sometimes for those that cannot defend themselves but the American people need to stand up and say, "NO MORE!." We NEED a law, maybe even a constitutional law, protecting parents from false allegations by the government. To make the burden of proof, especially in cases were the child is being fought over concerning a difference in medical diagnosis, more difficult for the government to intervene. We need to change the mind set of guilty until proven innocent back to innocent until proven guilty as our forefathers intended!