#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!

Rare Disease Awareness Day #freejustina

     
Tomorrow is Rare Disease Awareness Day.  What a great time to revisit the Pelletier case!  I have to admit I am rather at a loss!  The parents have done all they could.  Monday they show up in court thinking they would have their daughter returned to them, a little over a year after she was taken away, but the judge instead ruled Justina would be placed in foster care versus going home to her family (Father, mother and three sisters). Once the news broke about what was going to happen to Justina people immediately began to speak out and call for a vigil at the foster care facility in Merrimac.  When the foster care group home heard the negative press, the protests and all the drama associated with housing Justina they quickly declined.  What do I say about that?  Way to go!  Glad the voice of the people can still intimidate someone!

Photo curtsey of opposingviews.com

Massachusetts Representatives Marc Lombardo and Jim Lyons seem to be among the few people in the state that have some common sense! 

“The Pelletier case is a dispute between conflicting medical opinions… the decision on which medical treatment to adopt should rest with the parents, not with DCF. The Department’s heavy-handed, unjustified interference with the rights of these parents is an example of what is wrong with this agency,” said Rep. Jim Lyons (R-Andover).

WOW!!! Congratulations sir! You are brilliant! These two legislators along with 12 others are looking to introduce a bill into the House to ask for the release of Justina to her parents.

So what can YOU do to help? Most of it is pretty simple yet VERY effective!

1. You can participate in the Thunderclap event set up for March 16th at 9am. What is thunderclap you ask?
I had never heard of it either but Thunderclap is a platform that allows you create a message, then other users can sign up for it with their facebook, twitter, and instagram accounts. On a specific day and time, thunderclap will then use everyone's accounts (don't worry it doesn't save your passwords and stuff) to post that same message. It ONLY posts it ONE time, but when 40,000 people sign up with twitter, facebook, and instagram, then that same message is sent out 120,000 times. Social media EXPLODES. I love the concept and I signed up! Here is the link:  thndr.it/1hgW3zS

2. You can go to each Massachusetts Representatives Facebook page and comment either thanking them for supporting the resolution to free Justina or politely asking that they do and hashtag ‪#‎freejustina‬. There are hardly any comments on these FB pages right now. 

These following people deserve a round of applause for having some common sense! They are currently support the resolution to #freejustina.

Mr. Marc Lombardo of Billerica

Mr. Jim Lyons of Andover

Mr. Matt Beaton of Shrewsbury

Ms. Leah Cole of Peabody

Mr. Geoff Deihl of Whitman

Mr. Angelo D'Emilia of Bridgewater

Mr. Ryan Fattman of Webster

Mr. Paul Frost of Auburn

Ms. Colleen Garry of Dracut

Mr. Jim Miceli of Wilmington

Mr. Frank Morgan of Lawrence

Ms. Shaunna O'Connell of Taunton

You can contact the other members of the House either on Facebook or at the following website to ask them to join in supporting the resolution:
https://malegislature.gov/people/house


3. You can contact the following officials and let them know you are concerned about the Justina Pelletier case:

Martha Coakley
Attorney General of Massachusetts(candidate for Governor)
One Ashburton Place
Boston, MA 02108-1518
ago@state.ma.us
617-727-2200
617-727-4765 (TTY)

Joseph F. Johnson
Judge
Essex County Juvenile Court
Lynn Session
139 Central Avenue
Lynn, MA 01901
(781) 586-0415
http://www.mass.gov/courts/courtsandjudges/judgesandjudicialofficers/johnstonj.html

Dannel P. Malloy
Governor of Connecticut
State Capitol
210 Capital Avenue
Hartford, CT 06106
860-566-4840
800-406-1527 (toll-free)
860-524-7397 (TDD)
860-524-7395 (fax)

Deval Patrick
Governor of Massachusetts
Massachusetts State House
Office of the Governor, Room 105
Boston, MA 02133
http://www.mass.gov/governor/constituentservices/contact/
https://twitter.com/massgovernor
617-725-4005
888-870-7770 (toll free in state)
617-727-3666 (TTY)
617.727.9725 (fax)

Olga Roach
Acting Commissioner
Mass. Department of Children and Families
600 Washington Street
Boston MA 02111
dcfcommissioner@state.ma.us
http://www.linkedin.com/pub/roche-olga-dcf/32/5b3/a91

Even after we have Justina home lets all remember that this is more than just a fight for Justina.  This is a fight for parental rights, for the rights of mental health patients, protection to children and families with rare and undiagnosed diseases. It is SO easy for a medical professional to accuse parents of medical child abuse when they have a child that has a rare or undiagnosed disease.  Tomorrow is Rare Disease Day!  What a great time to do your part in helping Justina, who suffers from the rare disease of mitochondrial dysfunction, along with helping to protect the rights of so many other people!

Speak up, Speak out!  Go and do your part!  Please dedicate 15 minutes out of your day helping such a great cause!