#freeJustina Pelletier and How the Government Can Steal Your Child

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!

The Nice Things That John Said

I had an interesting Christmas Eve.  I had to work that day.  With all the time I have taken off from work I had NO time to take Monday off.  I was lucky because Bill volunteered to stay home and watch the children for me.  This allowed me to go to work and not have to worry about anything.  I got up and went in super early and worked straight through so I could leave work early.  I got home and pick up the children.  I took them over to the local Target to get pictures made for the children's birthday and Christmas pictures.  Bailey and I had gone the day before to Wal-Mart and we were able to find new clothes for the children to take their pictures in and the clothing was cheap (added bonus...lol).  Bailey had the children ready in the first outfits and packed the children's clothes for me.  I got the children into the car and headed off.

I want to say I have normally had a GREAT experience and this time was no exception.  We have gone to Portrait Innovations a couple of times and had horrible experiences.  I tell the person booking the appointment that I am bringing in disabled triplets so book me more time.  At Portrait Innovations I am told it is not a problem but when we get there we wait and then get rushed.  At Target I ask for a double appointment time and ask to get the last one of the day.  When I get to the Target Portrait Studio I have my double appointment time.  Keep in mind I am getting there at 3:40pm and we should be done no later than 4:20pm.  I get there and the lady doing the pictures is SUPER nice.  I explain to her about the children and a few things she should NOT do if she did not want them to cry...lol.  We get started.  I went through FIVE clothing changes.  I ask if I am ok and she photographer said I was the last appointment of the day so I was fine (keep in mind again, this is Christmas Eve). We get all the pictures done and I pick out what I want.  The photographer asked if I had any coupon or promotions.  I told her no.  She said I was not to worry.  She was going to help.  I was able to walk out of there with a CD and a lot of other things for a reasonable price.  I was happy.  Anytime I can spend less than $120 for everything I want from the photographer I am thrilled! When we are done I am exhausted!  I call ahead and ask if Bailey will meet me and help to get the children back into the house.  She said ok.  When I get to the house it is 5:30pm and Bill and Bailey are waiting for me to arrive.  I was SO thankful to have the help getting into the house!  Many of the pictures I had made at Target are on the site under Recent Pics.

When I get home and enter the house Bill had been cleaning pretty much all day.  He had moved stuff around, pick up things up (including toys), cleaned the whole house.  It was AMAZING!  The house was all cleaned and vacuumed and looking great for Christmas day.  Bill said he had cleaned so we would have everything out of the way so we could open present tomorrow.  It was a REALLY nice surprise!

So in the effort to be fair and honest I wanted to make sure that I mention the nice things that John said about me to the CPS lady.  She tried really hard to get John to say he had an issue with what is going on.  Basically she asked about the ok on the door and he said he laughed at her.  He told her it was pretty standard practice for parents of multiples to switch the door lock around to keep the children from wondering.  He said *I* was not even doing that.  I was only putting a chain lock on the door so the door could still be opened by the children.  She asked him why I would leave Nevada when I had services set up there for the children.  He told her I had to take a job here and it was more important I have the job so I had money to put a roof over our head than the services.  He said it is hard to provide services to someone who is homeless...lol.  She asked John about the chocking hazard I was posing to Joseph by feeding him stuffing.  John told her about the feeding therapist telling us we had to give him food with more texture if we were ever going to get him to eat solid foods.  He said he knew I am a great mother to the children and I have their best interests in mind.  He said he knows I will take good care of them (basically).  Shortly afterwards he ended his interview with the CPS worker.

It was nice to hear John say those things about me.  He could have been an ass and lied to the CPS worker and caused the children and I grief but he did not.  I am appreciative of that.  He knows I have ALWAYS had the safety and welfare of the children at heart.  They are still my main concern.  Today James kept asking me about John and I had to keep reminding him he was not coming.  James has me worried with all the (birthday and wishing well) wishing that his daddy was here.  It makes me sad for him.

I will see what I can do for therapy for James.  Tomorrow Bill is planning to spend some one-on-one time with James for me.  Bill is watching the children for me tomorrow so I can work.  I am thankful he is around to help with James. James really does need some one-on-one male bonding time.

Does Anyone Have A DeLorean I Can I Borrow?

Photo Credit: Forbes.com

I would image you would have to be at least 20 to even get that reference….lol. I would love to have a time machine so I could go back in time and re-do some of the things in my life. The most recent incident is allowing the DDD to come into my home. Here I was trying to get a some benefits for my children and instead I get CPS sent to my house instead. It is an awful feeling of dread every moment you know they are investigating you. I took a Benadryl last night because my eczema is starting to flare up…I imagine due to stress… and I overslept. When I work up it was still dark out and I had not heard any conscious noises but I did see out my window flashing lights. My first thought was to panic and that CPS was here to take away the children. As it turns out the flashing lights was the garbage truck but it gave me a momentary start. What a horrible way to wake up plus I was running behind in getting to work. Not a good way to start my Monday!

Since I last posted I spent Thursday night in such distress I was crying and up until 1am. I was worried the CPS worker was going to show up and take the children from me before their birthday. Though I am not worried about not getting the children back I was worried that I might miss their birthday because she can take them (potentially) for up to 72 hours (might be 48). It would be my luck she would take them and the time would extend over their birthday. James has been talking about his birthday for WEEKS and I do not want to disappoint! It looks like we are going to do a glow-in-the-dark themed party. I have to check out some party supplies but I think I can get everything done. Margaret has requested a Hello Kitty carrot cake. I will see what I can do…lol. James wants a chocolate cake with vanilla icing. That will be easy enough. Joseph hasn't made any requests so I am giving him the same thing. There are so many details to the party I have to take care of but I am hoping I can get it all done in time. I am going to try!

As a side bar…John complains I never say anything nice about him in the blog. Usually that is because I am complaining about him. I have to say though on Wednesday I had called and let him know what was going on and to be prepared for a potential phone call. When I said what was going on with CPS he was really annoyed. He could not believe that something so small had been blown so out of portion. On Thursday night, while I was stressing out and crying, I texted John. I woke him up but he texted me back. We texted back and forth for an hour. He did his best to try and reassure me that not only am I right about what I am going concerning the lock on the door at night but reminded me of a few other important things I needed to do. He was a champ and even made me laugh at the end. I needed that! So I wanted to more “formally” say, thank you!

I reached out to my network of Facebook friends. I know several of them have been investigated/harassed by CPS over the years. One friend I have has become, essentially, an advocate against CPS. We spoke at length and she told me that I had rights and where I could access the laws that govern what CPS can and cannot do in Arizona. Being a fellow state worker I understand the CPS work’s job is important but she is barking up the wrong tree in this case. Currently I work as an environmental planner. This means I am familiar with finding statues (state and federal), reading, interrupting and applying law. Now that I know I have rights and what they are it makes me a bit more at ease but at any moment the CPS worker can go and declare the children a dependent of the court and at least take the children from me for at least a few days. On the other hand this woman has already violated state law herself. Arizona Revised Statues state…

8-803. Limitation of authority; duty to inform

A. On initial contact with a parent, guardian or custodian under
investigation pursuant to this article, a child protective services
worker shall inform the family, both verbally and in writing, making
reasonable efforts to receive written acknowledgement from the parent,
guardian, or custodian, of receipt of all of the following
information:

1. That the family is under investigation by the department.
2. The specific complaint or allegation made against that person.
3. That the worker has no legal authority to compel the family to
cooperate with the investigation or to receive protective services
offered pursuant to the investigation.
4. The worker's authority to petition the juvenile court for a
determination that a child is dependent.
5. The person's right to participate in a mediation program in the
attorney general's office. The worker shall provide the telephone
number of the attorney general's office mediation program.
6. The person's right to file a complaint with the ombudsman-citizen
aide pursuant to section 41-1376. The worker shall provide the
telephone number of the ombudsman-citizen aide.
7. The person's right to appeal determinations made by child
protective services.
8. Information outlining parental rights under the laws of the state.

So far the CPS worker has said nothing besides that she wants to ask questions and see the children. I have yet to hear anything on WHO is being investigated, WHY we are being investigated or we have RIGHTS. I can guess at the information but I am not sure. When I called and spoke the CPS worker on Friday she said she would not be able to come to the house that day. She was working on-call and might be called away so she wanted to wait for another day. I said that was fine. She asked if I could meet early on another day next week and I said I could arrange it to be that way. Since I work we are expected to be in the office Tuesday to Thursday without fail. She asked if Friday would be better and I said yes. She moved the time to 4:30pm. I told her that worked even better for me. Now we have an appointment set for this Friday at 4:30pm. In that initial contact and first phone call the CPS worker started off the conversation in a hostile time with me saying, “I never got to see the children.” She said it in such a rush I did not even understand what she said. I said, “Excuse me?” The CPS worker than stated again, “I never got to see the children. There is only a 3 inch crack in the door and I could not see them.” I told her, “I never said you did. I said you were SCARING my children and I wanted to make sure it stopped.” The CPS worker said she did not do that either. I pushed it off as Bailey can be melodramatic so calm things down. I said I would meet with her on that Friday at the house. What I did not tell her is that I still have of intention of letting her inside. Now that I know I do not have to cooperate with the investigation I do not plan to except as it basically pleases me. The police came by the house and saw nothing was wrong. If so I know he would have stated as such and the children would have been removed. I am now working on getting a copy of the police report.

So this week I get to stress about the CPS visit, try and finish up things for my children’s birthday party, send out the invites today and tomorrow for the party, go to work and try to be present in my job, and I am sure do a load of other things I cannot even think about at the moment. Life is hectic!

Photo Credit: glowstickfactory.com

Over the weekend I did get something done. I needs to get more birthday supplies. James has a VERY certain scenario set up for his birthday in his head and I want to make as much of that happen as I can. Sunday we went out to the park for two hours. It was SUCH a nice day. I found the nicest little park called John Allen park near our home. It was just the right size for the children to play and it was not busy like Freestone Park. Plus there was easy access to the park for Joseph. While there though Joseph fell down some steps. He had been going up the steps several times but I had been there to make sure he made it up ok. There are a lot of stairs and they are rather steep. Each time he made it up with one problem. He would go to the other side of the playground equipment and slide down the spiral side. He was having a blast! James was running around and I saw Joseph playing in the sand. I left him and sat down with James to get his shoes on. As I was getting James’ shoes on I her Joseph crying (but not the “bad” crying when you know someone is SUPER hurt). He is sitting at the base of the stairs. The other little girls who were at the park go over to him. I finish tying James’ shoe so he would not lose it and go over. I pick Joseph up and I see a HUGE goose egg starting to rise right between his head. I could tell somehow he had started to go up the stair and then fell. As I looked at him later he had a couple of more places. My poor baby! All I can say is I am glad he avoided his mouth. With all the dental issues he has had because of falls like this I am glad he did not crack a tooth or bust his lip. I wish I knew why he has been SO delayed in walking and seems to have such major balance issues. I am hoping the developmental pediatrician will have some answers. He has an appointment to be seen in February. Can you believe I made the appointment in August BEFORE I had even left Vegas?

Today is Monday and I have to find a party supply place. I think I will be trying to get in early to work for the rest of the week so I can make up some time. I want to take half the day off on Friday so I can get the last things done for their party. I am REALLY looking forward to the celebration and surprising the children!

When It Rains It Pours...Again

When it rains it pours.  Here I am trying to get the DDD involved so I can get services for the children (such as respite and therapy).  Instead the DDD guy gets Child Protective Services (CPS) involved.  We had the police here last night.  The police man said he COMPLETELY understood why I had a chain lock on the door at night.  Today, near 1pm, a CPS worker stopped by the house.  Bailey did as I asked.  She did not let her in.  The woman said she wanted to come in.  Bailey said no and said the police where here last night and found no issues so WHY was she out here.  The lady said SHE had to ask questions of the family and talk to the children.  Bailey said she was not comfortable with giving out information on the children without me present.  In the end the lady gave Bailey her card and said to have me call her.

I have now called an attorney.  This is the first time I have dealt with CPS and I know enough from others that I have to be cautious.  Affording an attorney this time of year will be hard but worth it!