Some say that CPS is meant to protect children. Others accuse it of having it in for Christian families, especially homeschoolers. Still others have accused it of being used for sex trafficking. I’ve decided to find out the truth.
Here is a post that I found on the Facebook page for David Oh:
Children should not be removed from parents without evidence. Mandatory reporter’s should not file reports of child abuse without evidence. The state law, Child Protective Services Law, requires it. “Gut feeling” is not evidence. Shockingly, “gut feeling” is used to file reports of child abuse and remove children. That is a violation of state law. But it has become so commonplace in Philadelphia that even top officials in DHS and hospitals openly state “gut feeling” without any evidence, is a legal basis for filing abuse reports. While most do excellent work helping children and complying with the law, too many people in the child protective services community defend this practice or remain silent while “not-at-fault” parents and grandparents fight to be reunited with their children. As three national experts testified, Philadelphia is an outlier and in serious need of reform. Philadelphia has the highest rate of child removal in the nation. 3 times higher than New York City and 4 times higher than Chicago.
And here are some replies to this post:
this is very true i have two horror stories with my children that have Autism. My kids were not taken away thank God but lets just say their practices make it very scary for parents with children that have special needs. I reached out to them for help cause i felt my daughter was abused by an adult at her very school years back. Her behavior specialist even witnessed her mal treatment and reported it she was kicked out that school for it. But i report a bruise on her wrist and instead they investigate me and ignored the school. Of course i was cleared but it was a scary thing for me. The second time i broke up with their father out of retribution his mother anonymously reported me to them saying i was unfit. They told them my oldest was still in diapers, but they failed to tell them she has severe Autism and her diapers were prescribed she was still learning at 7 yrs old. I was investigated again for 3 months . I was cleared again. Because of this i fear DHS i wouldn’t call them anymore if my kids get hurt at school i will just change schools instead.
Good Morning Mr. Oh,
My name is [name redacted] I heard some good things about you and was wondering if there is anyway you can help me with a unjust no proof of verifiable evidence that I did anything to jeopardize me of getting my children back? I was lied on repeatedly under oath by a turning points for children Cua #9 case manager Ms. Gatewood and her crew. And my attorney at the time got away with not helping me to get my children back and lied and said I couldn’t appeal my last chance of getting my children back after I was told I had 90 days to do so and I have documents and pictures showing how much my children were being abused under these peoples care and not once did they have anything to back their lies up except with hearsay! Is there anyway you can help me because I’m not stopping until I get my babies home! Please
the judges in family court side with DHS all the time. These family court judges here in Philadelphia are removing children without evidence or due process. Parents are denied their right to testify, witnesses that actually know the family aren’t allowed in to testify on behalf of the families & since the court is closed these judges are doing whatever they want whether it’s against the law or not & there is literally NOTHING the families can do to prevent the removal or get their children back.
just told my fiance who is not the father of my children that he has no standing in the case so he isn’t getting an attorney, but then the judge ordered him to do all these bs classes, but yet the social workers or the judge have no idea what these classes focus on or what the process is. The judge also told my fiance on the record that he’s using his arrest record against me & my children, not his conviction record, his arrest record. When my fiance told the judge he was found not guilty on many of those arrests except for one that was 16yrs ago, nothing to do with children or domestic violence, the judge told him, “I don’t care if you were found guilty or not, in the eyes of the family court if you were arrested for it you’re still guilty, you just got lucky.” My 3 girls that were removed are all teenagers & all 3 of my girls were denied their right to testify until nearly a year later & they testified on the record that none of the allegations against us are true, the DHS caseworker lied & falsified the first initial investigation report & they testified how the workers & the child advocates from the public pretenders association that were on our case originally had twisted their stories just to make my fiance & I out to be monsters. There was no evidence of ANYTHING except that false report from the social worker who since quit DHS soon after I spoke out publicly for the first time. That caseworkers supervisor is also no longer with DHS either & since telling on the child advocates for lying & twisting their stories the advocates withdrew from the case as well. Every court hearing the CUA worker from Turning Points for Children blatantly lies & gets caught up in the cross examination by my attorney & my children’s attorney yet the judge still allows it & nothing happens to the worker. At my last hearing on 1/23/19, the CUA worker testified no safety risks exist, home is safe & I was fully compliant, I completed everything before Aug. 14, 2018 bc the judge promised to send my kids home that day if I had everything done, but he lied & now he even denied my kids coming home & changed my goal from reunification to Permanent Legal Custody.
I see this every day. It is like job security for the DHS workers. Parents are held hostage by them. They do not have any recourse outside of DHS. I have started to advise them to contact their city council, state and federal legislators. Maybe they should start calling the television stations for help.
Just got my boys back last week after school made report on me took two months to complete unfounded claim but it really uprooted and destroyed the chance to adopt special needs child I do understand mandated reporting but I believe as in my case people tend to overreach
My son and daughter in law have two children. Two years old and at the time three months old. They were both in daycare. Children are picked up Monday around five. The three month old had an existing colic and gastro problem which cause him to s team and projectile vomit all the time. He had been seen numerous times by pediatrician and er drs. On the following day mom went to work and dad had the boys til one. Around noon while the two year old was napping dad gave the three mo old a bath. After taking his clothes off the bath him he noticed his right arm looked funny. So he called his wife and his mother and they took him immediately to the pediatrician whereas they said you need to take him for X-rays st CHOP. So as good parents they do and they are told the infant had a broken humerus and it looks to be non accidental. The doctor calls in a team suspecting child abuse. The parents are allowed to stay overnight in the same room that night and the next. But are told the second night that DHS is involved and they are taking both their kids. We my husband and I rush in to take the kids as kinship. We go home Thursday with the kids. That Wednesday DHS came to our home to do clearances. That was nov 15th. They did not have a court date til dec 28th. We had to bring the two year old down to get X-rays but he has white coat syndrome where he screams and it was impossible to get them. The techs told his father to restrain him. Really. They had already taken him and his brother. The parents had liberal visits as long as myself and my husband were there. Then on December 28th at court DHS requested to the judge for the parents to just see the kids tues and Thursday’s only two hours each day. It was shocking and sad. There’s no EVIDENCE other then the er doctor and the DHS say so. It’s been months of hell for these parents who have been doing everything DHS requires of them. Court was set for March 6th and now we hear that the doctor who is being called to testify can’t make that day and will have limited availability on the 18 or 25th. Really. These children are the most wanted and loved children. They are invito babies and have no history of any abuse. Their pediatrician and the specialist they see have seen them so often and report never any abuse. We feel it could have happened at daycare and could have been an accident since they have infants with one two and older children. The infant is completely healed and will never remember his injury but we the family and their parents are living a nightmare and will never forget this.
Someone finally spotlighting this issue. I had my run in with false reports filed by medical professionals who were abusing their authority to enforce/force unnecessary and unethical treatments without any proper grounds/evidence and claiming “mental illness” of the parent for not complying and advocating for the child’s best interest. I’m happy experts are finally speaking up about this type of misconduct.
This is nothing less than a humanitarian crisis.
No, gut feeling, cannot be the basis of this. Evidence must be present and that is now not the case in any CPS unit in the United States. 70% of removal cases are from families who are not abusing their children whatsoever. Depression, poverty, overwhelm are most often the situations where babies are kidnapped from their loving families. Removal must be THE LAST RESORT. Depression poverty and overwhelm cannot be the rationale behind removals. In these cases help is needed not the destruction of the child’s and family’s lives for all time. This crisis is a national emergency. Please keep fighting.
Here is a post that I found shared in The Conservative Hammer FB group:
good luck getting them back… once family court starts raking in the cash of the attempts, the racket continues forever
Here is a post that I found posted on Shannon Joy’s timeline by a poster:
This case is one that I won’t forget –
It makes me fearful as a parent to ever question medical professionals .
https://m.youtube.com/watch?v=-bbyfEWhzgU
Here is a post that I found on the Christian Law Association FB page:
Please pray as our attorneys legally advise a family that is in a battle with CPS over their religious beliefs.
I found this post in a vaccine-skeptic group:
In the state of Calfornia- CPS (also known as child profitting services) took my children. My parental rights have not been terminted. Today the Judge granted their request to issue a court order to give my son vaccinations, however the Judge did placed a stay on the order till 4/12. That is not much time we have to seek and pray for some divine and legal intervention to help stop them from forcefully vaccinating my Son repeatedly.
CPS already physcially attempted to give my Son vaccinations once- they had several nurses hold him down and give multiple attempts to give him the shots but eventually decided to wait because he was so upset and would not stay still. This forceful attempt to vaccinate my Son was performed without my consent, without any court order.
My Son has a Medical Exemption that is permanent from all vaccines but the CPS had another Doctor write a letter claiming he should be vaccinated. My Son has gene variants, and their is family history of cancer, auto-immune disease, allergies, asthma, and adverse vaccine reactions including: high fevers, seizures, severe rashes, projectile vomitting, and coma like sleep states.
The CPS’s written request for the court order claims my Son needs the vaccines to attend public school, which is false. My Son is and has been attending school since January of 2018. The true reason for the request is they intend to move him for the eighth time to a new group home/residential treatment facility who will not accept him without vaccinations.
If I can not find any help to change the courts order, CPS would be allowed to give my Son many vaccines starting April 12. That would subject him to uneccesary stress and strain as he is likely to again try to fight off the nurses, It would also knowinly and willingly place him at risk for suffering serious adverse vaccine reactions, as well as facilitate him being moved for the eighth time.
While in Foster Care my Son’s rights have been violated, he has been neglected, absued, deprived of stability, moved repeatedly from place to place, developed emotional and behavioral issues he never had at home, kept separated from his siblings, and kept from being returned home or placed with any of his relatives despite my extensive efforts, cooperation, and completion of all case plans and services.
If anyone has any information or ability to help in anyway please reach out, we don’t have much time. We would so grately appreciate it. Any prayers or positive visualizations are welcomed and appreciate also. If they were to succed with their mission to forcefully vaccinate him, I can only pray he would not suffer any negative reactions.
Here is another post from the vaccine skeptic group:
CPS opened a case against my family 5 years ago and in a team meeting with them…hand to God….a case worker said to us, “you may think your children belong to you but they don’t. They actually belong to America.” We were dumbstruck. This is the direction our country is headed.
Here are some more posts from the vaccine skeptic group:
I’m proud to be Texan but the CPS here is pretty scary. I am scared of CPS.
me too. Can you hive me some facts on why its so bad here. I moved here two yra ago and ive been hearing this alot
I know people who personally got their kids taken away for no legal reason whatsoever. Took over a year to get them all back. Even after they proved their ‘innocence’. And their homeschooling privileges were taken away. They now have to public school their kids.
And I live next door to Johnson County and they have a bad CPS reputation!
I don’t know why it’s so bad. Too many conservative values are being shoved away and forgotten as the big cities like Dallas get bigger. Too many Californians and it’s also a border stae I guess it’s all put together.
The bluer our state gets the more freedoms are taken away.
Here is another post from the vaccine skeptic group:
Best advice if CPS shows up at your door without warning? I’m in Arizona.
And here are the replies to this post:
Document and record every thing. They don’t have a right to come into your house.
Remember, if they show up, it’s for a claim of neglect or abuse. If you KNOW they’re frivolous, how would you act if a complete stranger with NO credentials was to ask you personal questions or get alone time with your kids. Nope! They BETTER be ready to sit with my kids, a licensed therapist of MY choice AND my attorney, that’s the ONLY way it’s getting done.
not always! My daughter’s school pulled that crap on me twice! Just because we were in disagreements about other things. First time they lost her. I went to pick her up, and they didn’t know where she was. They put her in after school instead of waiting to be picked up. I waited for 30 min, then walked in the school, which apparently is not allowed, and found her. They started yapping I can’t just walk in, so I asked them if I should have called 911 instead. They were not happy. Few days later, they made up some stuff and called CPS. Case worker went and talked to her in school. Then showed up at my house. I let them in, I talked to them. They closed the case. A year later the issue was lice. They knew there were lice in the school and didn’t tell us. I made a big deal about it, called the Health Department and made the school follow the procedures. Again, they made up some stuff, called CPS. I still let them in. They knew it was unsubstantiated, but had to do their thing. She wanted to talk to my daughter alone. I said she can do it in the living room, while I’m in the kitchen. We have an open floor plan. I could see and hear them the whole time. Then they closed that case. But I pulled her out of that school. Georgia schools are notorious for doing this. I was done! We moved!
I, too, have had to reprimand teachers and principals and have pulled my children out of several schools, because of teachers who were either abusive or persecuted certain students.
that school was horrid. I had nothing but problems with them. They hated my guts. Once we were at the principal’s office and all of a sudden she started accusing me of yelling. I wasn’t. I just didn’t want to drop the issue we were discussing. I got up and told them I will no longer be talking to them in person. I will only communicate with them via email, so she can’t accuse me of yelling, and so there is paper trail. She was very annoyed by that. She kept calling me on the phone. I kept sending her emails. She clearly couldn’t bully me, so they bullied my daughter, and they tried to break me by calling CPS on me.
AMEN, EXACTLY…I would also venture to speculate most CPS DON’T KNOW THE LAWS AND CITIZEN RIGHTS, THEY are just power hunger linch men
most states have a quota to meet. Many states like Arkansas and Indiana are actually trafficking covers. Scary world to say the least.
you are exactly right, they do feed on the weak and young single moms are the most vulnerable because they don’t have a lawyer to fight for them. If it were me, I would not let them in the house. Once they go in, the can testify against you if they see anything they don’t like and then it is your word against theirs.
I had a friend who had no choice but to let them in, (court order) and the social worker did not like that there was no cable television, but only VCR tapes for the kids to watch. This was over 30 yrs ago.
Feed em a lead salad.
“you will need a warrant if you come back. If you don’t have a warrant I will introduce you to the 2nd Amendment. If you don’t know what that is, ask the officer behind you, good day!”
Under these circumstances, I would regard this person as someone who was a potential kidnapper and deal with it accordingly. I would step out on the front porch, with cell phone in hand, and have family lock the door behind me. I would, respectfully, give the CPS agent notice to leave the property within 60 seconds or I would call the police and tell them that I have a person on the property who is threatening my family.
Parents, keep in mind that the practice of vaccination has become like a religious cult in our society and if people are willing to vaccinate children without the parent’s permission, (which does happen) then a lot of other things can happen too. When a social worker comes in your house, he or she may lie about your home situation because they believe they are doing good for your children if they force you to vaccinate. Given the level of viciousness by the pro-vaxers, it is best not to give them anything they can use against you, including a social workers coming to your door without a court order. You may think you have nothing to hide but a social worker may think otherwise.
I agree I think they have crossed the line and are willing to lie to make their case…they have become inhumane!
Dont open the door!! Even if they bring the cops!! They have to have a warrant to come inside ur home! Tell them unless they have a warrant the can not come in then pack ur stuff and ur kids stuff and leave! Got to the next state over or county. Look up kidjacked.com i think is what its called great info and parents who have dealt with medical kidnapping or just taken for no good reason..
Don’t open it. Even if they show up with police. Know your rights. In MI they have to have a warrant to enter your home. If you let them in, they will find a reason to take your kids. They will believe whatever they heard before they believe you. You are automatically guilty to them, and they are there to find evidence to support the claims against you. Knowing your rights is the best thing you can do.
It’s just so sad because you see children who actually desperately need help, and cps does nothing. But if someone wants to be vindictive and call with false claims, they are at your house THE NEXT DAY. I went through this and my case was open for 3 months! I let them enter my home and complied with every drug test and them randomly showing up at my house. It was horrendous, but I was a single mother at the time and didn’t know I had a choice!
I’ve heard cps is involved in child sex trafficking. They don’t want the broken home kids, they want the healthy ones.
They removed my nephew’s and niece’s from my sister when they walked in and saw her house was filthy. Didn’t give her time to get it clean, no warning or nothing. But when my nieces lived with their dad, they had DCS called on then several times for neglecting ther kids health, only allowing them to shower once a week, only feeding then a spoon full of veggies for every meal, bruises left by him, my niece peeing blood for 2 months straight… And it wasn’t until I called the sheriff’s office that a sheriff went down there and told them they had 24 hours to get her seen. The very next day she was told that she was lucky to be alive and had they waited one more day, she’d be gone. She endured another year PD their abuse and neglect before she was finally removed and placed with me.
very small percentage of children are being abused in their homes. Cps fabricates all the time for federal funding. And even if they are being abuse in their home, they are better off with family member who loves them and cares about them and not a paid baby sitter who dont give a f*** about them
I’m an adoptive parent who does foster care, so I have lots of experience on the opposite end of the spectrum of CPS. I have been told by my children’s social workers who I have now finalized adoption on that if CPS comes knocking at my door 2 have the children play in a different room, through the door politely ask who they are, do not let them in without a warrant, or if you are feeling generous and you know there’s nothing to worry about tell them they can either come back with a police officer so that you feel safe or they can come back with a warrant. and if you feel the need to step outside and find out what they are at your house regarding to do so but very clearly state that you are stepping outside to speak to them and that they are not permitted to come into your house, and record the entire conversation.
I worked for CPS for six years, nine months ago! If your children are taken care of, are not injured or hurt, your place has working utilities, you have food, your house is not infested with insects or rodents of some sort then LET THEM IN!! Anybody can call CPS on you. The sooner they find out things are Fine the sooner they can close the case and leave you and your family ALONE! Unless your place looks totally deserted, they know someone lives there and they WILL KEEP COMING BACK!!
If you have something to hide, don’t answer because that’s all that means to CPS!!
I used to work for CPS and the paranoia in these comments is extremely disheartening. CPS does not have the time, man power, or resources to remove children from homes where rampant neglect and abuse are occurring and sometimes even when major abuse is occurring we don’t have the resources! 9/10 we can tell within minutes of entering a home that children are well and cared for and we definitely have bigger fish to fry than children not caught up on vaccines (in the absence of no other neglect). Open the door, talk to them like a HUMAN BEING doing their job, and everything will be fine.
Sounds like my experience. Worker came in, could clearly see my house and kids were taken care of and that was the end.
Not my experience or that of many others
Didn’t a family’s door just get kicked down by cops called by CPS recently in Arizona???
yes
Mine was kicked in AZ at 3 am. You should have seen the look on their faces when there were no kids in the residence.., priceless!!! Lol
They never returned and kids are adults now
My county, contra costa is terrible for CPS. Depends where you live depends who gets dispatched to your door. Every person is different and handles cases different
My county in Minnesota is also super bad for CPS. They will blame you for anything and everything.
I have a lot of experience with CPS as my exhusband is an assh*le. Some are nice and some think if they are called to come out, there must be a reason. Some get power trips. Some are diligent and fair. I always let them in but I stopped after getting a bad one. Don’t let them in without a warrant. It won’t do you any good!
it has nothing to do with being LUCKY in my case. I was courteous and respectful. It’s pretty simple! treat people the way you would like to be treated. Put yourself in the agents shoes we all would like to be treated with respect because I’m there to do a job. There GOAL is not to take your children away from their parents, especually if there is no child abuse happening. Its typical protocol to investigate becauese of someone else wrongdoings.
It’s advice like yours that hurt parents. Seriously? How do you know if the agent has bad or normal “mental health problems?” I know the agency provides mental health assistance to their agents because of the things they encounter and see AKA as true child abuse of all kinds. It’s normal to be affected personally on the things they see, at the end of the day they are people and they are people that have seen and encountered scum of the earth! How many people have access to attorneys? How many can afford an attorney? If you’re not hiding anything why are you telling them to hide behind a window? It’s hard for me to believe that CPS agents fabricate and lie, because in the world of cameras it’s very difficult to do that. The CPS agent showed me his paperwork/“findings,” I didn’t see a single lie. His findings came along with a “plan of action” of what he wanted me to do which was therapy, anger management, etc.
I would normally agree with you. Your words are exactly what I thought until I ran into some bad agents. Me homeschooling to them is child abuse so is not vaccinating so the ones I’ve encountered their “goal” is to take my kids away. Maybe where you are the agents are better. But not here. I only have one CPS agent I would allow into my home. She is a friend and lives about an hour away. We have been talking to her about adoption processes and she has a good head on her shoulders. Others not so much. Inoccent until proved guilty is not what the agents around here have in mind
And another post from this group:
Keep cops and CPS from knocking on your door. Post this sign(s) clearly and legibly where no confusion can be made. You will be protected in court legally and hopefully stop the dumbasses from trespassing. If they trespass without a warrant you can sue them.
“Warning. Private property. No trespassing without owners expressed verbal or written consent. This includes any and all government agents except in the case of fire or medical emergency. Those so trespassing are subject to civil and criminal penalities per USC Title 18 section 241 and 242.
You are hereby notified that the owners of the property requires all public officials agents or persons to abide by the Supreme Law of the Land, the US Constitution and refuses to permit any access, search, audit, assessment or inspections whatsoever of this property without presentation of a warrant….”
Please save this, research it, I did, and use it. Power to the people. ?? Also, share!
basically they have to write and MAIL you a letter if they want to talk to you. This is legit! There are metal signs you can order pre-made but I painted my own.
Here’s another example of CPS abuse: https://www.theepochtimes.com/homeschooling-parents-children-taken-by-government-citing-educational-neglect_2889081.html
Here’s a post that someone in a vaccine skeptic group mentioned. Both the people in the group and the people on the post (by the Hillsborough County Sheriff’s Office) itself are saying the government is lying and that it’s a case of medical kidnapping:
UPDATE: The three-year-old boy has been found in Kentucky. He is in need of medical attention, but safe. Thank you to the community for getting the word out.
Original post:
MISSING ENDANGERED CHILD! Right now, the Hillsborough County Sheriff’s Office is searching for a
three-year-old boy who is believed to be missing and endangered. On April 22, 2019 the parents failed to bring in the child to a medically necessary hospital procedure. The parents have further refused to follow up with the life saving medical care the child needs. The parents have possible criminal child neglect charges pending. Please use caution as the father is potentially armed. Information is that the child is possibly headed to Kentucky. Anyone traveling the I75/I95 corridor is asked to look out for boy,
his parents and the car they are believed to be in, a silver 2016 Mazda CX-5, tag, FL DERX82. If you have seen this child or this child’s parents, call 813-247-8200 IMMEDIATELY.
The child is Joshua Mcadams;
3 years old, White, Male.
Height: 3′ 00″
Weight: 30 lbs
Brown hair and brown eyes
Traveling with his parents:
Taylor Bland-Ball, DOB 06/14/1996, White Female, 5’06”, 125 lbs with Blue eyes and Brown hair.
Joshua Mcadams, DOB 12/02/1991, White Male, 5’09”, 155lbs with black hair and brown eyes.
Here is another post from the vaccine skeptic group:
So someone called my county DSS on my daughter that I’m abusing my child..I don’t know how. I’m so sick of these trolls and some lady called me saying there was a report of child neglect made. I’m so sick of this and she apparently wants to come visit. What am I supposed to do and say? What if they come to my house? Please help!
EDIT: We spoke to them and they asked for us to sign a HIPPA release form for my daughter and to do a drug test for me and my husband. Do we have to do that? I’ve never dealt with this before and don’t know what to do.
Here is a post shared by Alice Linahan:
Child sex trafficking 🍏
It is also a system from which many children enter the world of selling sex. Eighty-six percent of runaway children in the United States suspected of being forced into sex work came from the child welfare system, according to a 2016 analysis of cases reported to the National Center on Missing and Exploited Children. Of the 79,000 child sex trafficking victims estimated to be in the state, the vast majority were in foster care or had previous contact with Child Protective Services, according to a recent University of Texas study.
Here is a post from Shannon Joy:
Happening in Texas where some of THE WORST CPS abuses have taken place …
‘Drake Pardo (age four) was illegally taken from his family by Child Protective Services (CPS) on June 20. The Pardos are a homeschool THSC member family. THSC attorneys Chris Branson and Julie Jacobson are now representing the Pardos and are attempting to return Drake, a medically fragile child, back to his family.’
And some replies to this post:
This is absolutely outrageous. This is happening right here in Texas, and I’ve been on the phone all afternoon with Representatives and Senators trying to get more attention to this problem. I am so pissed off right now. We’ve had our own CPS scares, and I’ve had at least 5 mommas I can think of off the top of my head who have reached out to me to ask for help with CPS, because they know that I’m in an advocacy rights group and I know who they need to call for help. Three of these cases were close friends about which I have intimate knowledge of the cases, including the LYING that CPS did to obtain a court order, the COERCION they used to try to threaten a family that they would take their kids if they didn’t let them interview the 6 kids without the parents present and ask them questions pertaining to sexual abuse (that wasn’t even the allegation), and how there were false allegations that were disproven within the first one or two visits yet CPS wanted to keep investigating for all types of abuse and neglect regardless of the allegation being false. This is NOT OK!!!
Is Glenn Beck aware of this? I know he helped expose Oregon for kidnapping the boys from the “low IQ” parents.
___________________________–
Here is an update to this story: https://thetexan.news/bob-hall-judge-upheld-cps-decision-to-remove-four-year-old/
I found some posts on Shannon Joy’s wall about the Texas medical kidnapping:
I’d love to hear a response to this: According to court documents obtained by inForney.com CPS asked for a court order to remove the child because they say Drake’s mother, Ashley Pardo, is “displaying symptoms of Munchausen syndrome by proxy”, a mental illness where a person acts as if an individual he or she is caring for has a physical or mental illness when the person is not really sick.
“Ashely has multiple physicians and switches doctors when she does not agree with their assessment. Ashley is exaggerating and lying about [her son’s] symptoms and conditions,” according to the affidavit. “Ashley is demanding an unnecessary surgical procedure to place a G-tube.”
The affidavit says two different Gastrointestinal doctors have advised against the procedure, yet the mother has been actively looking for a third GI doctor.” From here:
that allegation was utterly refuted in the public hearing.
It’s good to be skeptical! I think this is absolutely ridiculous… here’s the other report on the hearing …
Yes, I was there all day and as a nurse my professional opinion was there was zero evidence of MBP or ANY medical abuse. That child needs to be with his parents now. This is a clear case of medical kidnap.
I too was there all day. The article in Forney is ridiculous. They were not even present in the room. I tried to reply truth of what happened in the courtroom on that page. Within minutes, my replies were deleted and I was blocked. They apparently do not support free speech. On the stand, the doctor who signed the affidavit said at least twice her concerns are NOT Munchausen. The CPS caseworker/investigator also did not follow the steps she should have or stated she had in the order she signed. Feel free to ask many any other questions. As for switching doctors…one doctor was switched. This is based on sworn in testimony. Their doctor had refused to go into their son’s hospital room, so they just switched to another in that same office. No big deal and nothing to hide. When they asked for a second opinion, that was to ensure a surgery was a necessity. Brain surgery is a big deal. The wording in the article you are referring to is so biased. Look into who may own that publication and other ties. It tells an interesting story. The reference to hospital staff is interesting. In court, the only medical anybody who testified was Dr. Dakil who wrote an affidavit. She had never even seen this 4 year old boy. In her testimony she admitted she did not read his entire medical history. The article says “medical staff”, but no one else who was medical even testified. All hearsay!
Here is a post from Shannon Joy:
‘Here’s the ugly truth: most Americans who are victims of sex trafficking come from our nation’s own foster care system’ – Megan Fox
https://pjmedia.com/parenting/is-child-protective-services-trafficking-children/
Here is a post from Senator Bob Hall:
Texas Child Protective Services (CPS) is spiraling out of control.
An agency that is suppose to be protecting our children may be the most dangerous to the well being of young children. Even though the Texas Legislature appropriated the funding of $3.8 billion in All Funds, including $2.2 billion in General Revenue Funds, for all CPS functions at the Department of Family and Protective Services (DFPS), CPS still does not seem to know when it is necessary to take a child from its parents. In November 2018, a Houston Judge ordered a $127,000 sanction against CPS for the wrongful removal children from their parents.
The first week of July 2019, CPS successfully removed a four year old boy in Kaufman County from his parents through the coordinated efforts of CPS, the Ad Litem attorney, a hospital doctor and two courts. CPS forced this removal through the system without any evidence or firsthand testimony of any wrongdoing by the parents. Even the doctor, who first contacted CPS with a simple “concern” based solely on a partial review of medical records told CPS, after meeting with the parents, that she saw no reason to remove the child from his parents. In typical CPS heavy-handed overreach, they ignored the doctor and preceded cram the case through the court as an “emergency”.
These are not isolated incidents. Now a federal appeal court has told CPS that it must fix its overburdened case load. However, there are many of us who recognize that it is much more than just case load that needs fixing at CPS.
I attended the hearing and have reviewed the 37 page document used by CPS. I will be publishing a four part article describing what took place in the courtroom and is in the official court documents.
Kudos to Megan Fox, who mentioned this on the Shannon Joy Show, for callig stuff like this incident in Colorado out when few in the “conservative” media will:
Another NY school has threatend to call CPS over non-compliance with the NY vaccine mandate: https://pjmedia.com/trending/second-ny-school-threatens-to-call-cps-over-non-compliance-of-mandatory-vaccination-law/
Here is a post from Shannon Joy:
HUUUUUGE ——>
A former employee is accusing the DCFS of falsifying evidence to justify taking children away from their parents.
This is a VERY COMMON refrain that I hear from parents about their dealings with CPS. This is a systematic problem and God bless this whistleblower.
Here is another post from Shannon Joy:
Outrageous———>
Here is a post from a Minnesota anti-Common Core group:
NEW whistleblower at MN DHS testified yesterday that she was warned of discharge if she testified before Senate committee. That warning came directly from the head of DHS.
And some replies to this post:
Prayers for her safety kudos for her to not allowing to be bullied to keep her mouth shut
I’m so sick of hearing that DHS/CPS are perfect and the parents are always lying. The fact that she got threatened says a lot for the situation within these orgs within the government
DHS is completely out of control. Total power trip.
I hope she gave information to several people to hold for her. So that no matter what they do to her the information still goes out.
Here is a post from Shannon Joy:
Mothering is now becoming criminal in the eyes of the state – while violent felons, illegal aliens are set free.
Woman Whose Children Were Forcibly Removed By Arizona CPS Charged With Eight Felonies, Extradited From Florida
Here is another post from Shannon Joy:
CPS FosterCare Abuse ——>
“The National Center for Missing and Exploited Children (NCMEC) found that “of the more than 18,500 endangered runaways reported to NCMEC in 2016, one in six were likely victims of child sex trafficking. Of those, 86 percent were in the care of social services when they went missing.”
https://www.newsweek.com/we-have-set-system-sex-traffic-american-children-779541
Here is a post shared by Shannon Joy:
Teen Trapped for Years in Foster Care: There Was No Need to Take Me Away
Here is a post from a vaccine skeptic group from someone from Wisconsin:
Posting here because there are so many knowledgeable people re: informed consent, hippa, etc.
My sister had a baby 3 weeks ago. Unvaccinated, and Already had him taken away for “concerns” (raised by hospital nurses) that were captured on “video recording” in her recovery room. SINCE WHEN CAN HOSPITALS HAVE A CAMERA IN YOUR OB RECOVERY ROOM? (my sister asked, was told it “didnt work”)
And in case you want to know why CPS took the baby and placed him with the dads sister:
“video recording shows (dad) holding the baby while dancing and moving around in the room” – Im not even kidding. This is all based on “observed” behavior they find concerning. Ive never heard of this and i really dont like that invasion of privacy.
Here is a post from Shannon Joy:
This is not surprising.
Here is another post from her:
Seriously ———->
https://www.dailywire.com/news/walsh-horrifying-case-proves-our-parental-rights-matt-walsh
CPS abuses in Illinois: https://pjmedia.com/trending/lawsuit-parents-say-their-newborns-were-illegally-seized-for-refusing-non-mandatory-procedures/
Going along with this article is someone I found from a vaccine skeptic group that mentioned that they were told by one of the hospitals mentioned in the article about that turning down Vitamin K vaccine could be considered “medical neglect”:
Hi, this is the vitamin k refusal form given ay the hospital I planned in given birth. Is anyone from Illinois and have experience with this? It says refusal is considered medical neglect. Whatttt???”
Here is a post from Shannon Joy:
The Criminalization of Parents ——->
And another post from Shannon Joy:
Huge. HUGE – A mainstream news outlet reporting what we’ve been reporting for years.
And yet another post from her:
The Criminalization of Parenting:
“According to the National Center on Child Abuse and Neglect, the calculated average is for every 1 child removed from an abusive home, there are 17 children removed from loving non-offending homes nationwide.”
Here is a post that Shannon Joy retweeted:
One of the central fallacies in CPS removal of children: Biological parents lose custody for being poor while foster parents get paid to take them. But parents don’t get paid.
Child removal is a business
Looks like Philadelphia is having problems with corruption and CPS abuses: https://pjmedia.com/trending/philadelphia-to-investigate-child-welfare-department-for-illegal-child-seizures/
Here is a post from Shannon Joy:
550 children went ‘missing’ out of the Arizona foster care system last year. One state senator is trying to hold hearings to find out WHY & is concerned about sex trafficking. He’s being mis-characterized as a loon but I applaud him. We need answers …
Here is a post from an anti-CPS group:
I NEED ADVICE. After two years of fighting for my kids CPS wants me to willingly sign my rights over of my two girls. They used my unborn child to try and scare me into signing over my rights. They said if I sign over my rights I can keep my unborn child, but if a I choose to fight in a full trial to determine whether my rights get terminated or not and I lose they will open a new case on my new baby. I DONT KNOW WHAT TO DO. My heart says fight because I know I’m in the right, but I’m scared of taking the risk of losing to CPS… ADVICE NEEDED, PLEASE HELP
And another post from this group:
Needing advice: we previously had custody of our grandchildren for almost 5 years, then CPS placed them back with parents. Last June we called CPS to report drug abuse, domestic violence, physical and verbal abuse against our grands. CPS investigator told us it was just a drug case and nothing could be done, parents refused drug testing, and we had to return the children. Fast forward to October of this year, and we found out that CPS had indeed removed our grands, and they were in foster homes, split up from one another. We immediately went through home study etc and afterwards, we were told CPS wasn’t going to remove our granddaughter from her foster home, because she’s doing well with family and they’re adopting her. They only want to give us our grandson, because he’s had some issues and acting out. During a meeting with caseworker and CASA, we questioned why we weren’t notified and children weren’t placed with us immediately? CPS claims they didn’t know about us in one conversation, next conversation they claim they didn’t have correct address and phone number; however, our information hasn’t changed in 6 years. And they’d just been in our home when reports were made. We want both of our babies home asap! If we don’t get some help quickly, they’re going to allow adoption with this family! We aren’t able to ask biological parents to request placement with us, as court has revoked all parental rights.
And some replies to this post:
They get paid if the kids are adopted out. They don’t want to place with family. I’m so sorry this is happening to you all. 😔
I’ve been told the same thing by multiple people.. it makes me sick to think they want to make money off of our babies. We would be adopting them also, parental rights have been revoked so we are seeking full adoption
Here is a post from PJ Media from Megan Fox:
This lawsuit is one of several of its kind.
Looks like New Hampshire’s Division of Children, Youth and Families and the Covestapo have teamed up:
Here is a post shared by a friend of mine:
There’s no Ritzy photo on the link below to make it look attractive…but, it is probably one of the most articulately written articles on CFS/CPS corruption I’ve ever read aside from all the incompatibly astute & excellent work of Dr. Michal Raz. It well articulates the injustice & corruption
🚩🚩🚩”The initial concept of “reasonable efforts” was the only conclusion that any rational person could come to: rather than disrupt children’s lives, and traumatize them by seizing them from non- abusive situations and placing them with strangers (who are often no better, and sometimes far worse), assist families in overcoming their obstacles and problems by providing support and services. The idea never worked, though, because it has always been more profitable to too many to remove children rather than keep them at home. Rather than offer support and simple, practical services to families CPS forged contracts with vendors. Now private businesses, under the guise of “service providers”, could mushroom into existence knowing that their sugar daddy, CPS, would provide a never-ending flow of coerced clients. The market potential is unlimited – potentially every mother, father, grandparent, and child in the country. Rather than offering practical, meaningful services that are germane to the families circumstances, CPS clients are ordered to engage in “services” with CPS-contracted vendors; special interest groups who are dependent on CPS for their income and profit by maintaining the levels of children in foster care, and whose interests are protected by a bureaucracy intent on securing it’s own survival and protecting unlimited growth.”
Tap link to read full article
Here is a post from the anti-CPS group:
I’m wary to post as this is public. But I’ll give the short version- my kids and I escaped a DV situation Feb 2021. I reported his abuse on them to dhs. Founded. My older three (15, 15, & 11) escalated. I begged for help for them. Everything tried sent my older three on a tirade of behavioral issues and anger. Rightfully so. I was begging for mental health help as I’m in an isolated area & not from here.
Juvenile court removed them from me. Nothing is against me in any of the papers except I’m overwhelmed. The judge called my kids “unparentable”.
They’re in foster homes. Split up. I still have the youngest in my care bc they can’t find placement as he’s special needs. His behavioral worker even argued on the stand that it would be detrimental to the younger two to be away from me. Nope. Gone.
What can I do?! I regret filing the report. I regret asking for help. And they’ll send me a huge bill if I can get them back. The main worker even got a big promotion to supervisor for lying on the stand and getting my kids removed.
I’ve been calling lawyers but none call back. This is adding more trauma to five kids that are already incredibly traumatized and need help.
Here is a post from a Utah anti-Common Core group:
[Not official USBE Board position]
💥Dangerous Bill💥please contact legislators ASAP to VOTE NO! HB99 makes it EASY for the state to take away your children.
HB 99 Civil Commitment Amendments
There is NOTHING civil about this!
HB 99 is scheduled to be heard on Monday, January 31, 2022 in the House Judiciary Committee at 2:00 p.m. This bill allows children to be forcibly taken from the custody of their parents and placed under the control of a “local health authority” based on the “belief” of a “responsible party”. Please contact the members of the committee and urge them to vote NO on this bill, then forward this alert to your friends and family in your contact list.(See below for Committee members and their email addresses.)
Some of the most concerning language of the bill starts on line 600. It reads:
“A child shall be temporarily committed to the physical custody of a local mental health authority for evaluation and treatment if:
(a) the child’s parent or legal guardian does not consent to evaluation or treatment for the child; and
(b) (i) another responsible individual submits a written application…”
(Responsible individual is NOT defined anywhere in the bill.)
Parents are responsible for the care of their children and should have the final say in the evaluation and treatment of their children.
Scroll to the bottom of this email to see talking points and a list of Utah leaders opposing this bill.
Please find the bill here:
https://le.utah.gov/~2022/bills/static/HB0099.html
House Judiciary Committee:
Jon Hawkins jhawkins@le.utah.gov
Karianne Lisonbee karilisonbee@le.utah.gov
Nelson Abbott nabbott@le.utah.gov
Cheryl Acton cacton@le.utah.gov
Kera Birkeland kbirkeland@le.utah.gov
Brady Brammer bbrammer@le.utah.gov
Brian King briansking@le.utah.gov
Stephanie Pitcher spitcher@le.utah.gov
Judy Rohner jrohner@le.utah.gov
Travis Seegmiller tseegmiller@le.utah.gov
Lowry Snow vlsnow@le.utah.gov
Mark Wheatley markwheatley@le.utah.gov
HB 99 CIVIL COMMITMENT AMENDMENTS
Sponsor: Rep, Dailey-Provost
Summary of the bill:
HB 99 allows children to be forcibly taken from the custody of their parents and placed under the control of a “local health authority” based on the “belief” of a “responsible party”. This proposed statutory scheme violates the constitution and important foundations of society.
For all of the above reasons, we respectfully request that you vote no on HB 99.
Summary of the issues:
HB 99 violates the Constitution in at least the following ways:
i. Parental Rights.
ii. Due Process.
iii. Separation of Powers.
ix. Fourth Amendment.
HB 99 has liability issues.
HB 99 has moral issues.
Constitutional Issues
HB 99 violates the Constitution in at least the following ways:
Parental Rights – Article 1 of the Utah Constitution and Amendment IX to the U.S. Constitution grant parents a constitutional right to be parents for their children. The courts have repeatedly affirmed those rights[i].
Since HB 99 authorizes a non-judicial officer to deprive a parent of a fundamental right without an actual finding of harm it is unconstitutional[ii].
Due Process – The 14th Amendment to the U.S. Constitution requires that parents be given notice and an opportunity to be heard prior to any deprivation of parental rights, even if they are temporary deprivations[iii].
Separation of Powers – The Utah Constitution requires that the 3 branches of government remain separate and exercise separate powers. HB 99 allows a “responsible party” (which is not defined) to exercise judicial power and determine, on their own “belief”, that a child should be removed from the custody of their parents, even if the child or parents has done nothing wrong.
Further, HB 99 allows a “neutral and detached fact-finder” to hold a hearing and make a judicial determination about the custody of the child, and whether the child will be subject to treatments that the parents oppose (HB 99 Lines 681-715). This statutory scheme is fundamental violation of the Utah Constitution. Judicial power cannot be vested in those that are not judges[iv].
Fourth Amendment – The Fourth Amendment to the U.S. Constitution requires that, before an individual can be seized and deprived of their liberty, there needs to be a warrant and probable cause. Even then, individuals that actually have committed a crime have the right to appear in front a judge quickly and have the right to post bail.
HB 99 though treats a child with a mental illness worse than a criminal, no chance for bail, no chance to be with their parents, and forced treatment against their will. It should be remembered that HB 99 applies to situations where a child has done nothing wrong. A “belief” of a “responsible party” is not sufficient to override the requirements of the Fourth Amendment.
Further, the Fourth Amendment implicitly limits the exercise of executive power to the Executive Branch. Since HB 99 does not define “responsible party” though, HB 99 is opening up the executive power to teachers, neighbors, bishops, and others who have no special grant of authority to act as an officer of the executive branch.
Liability Issues
HB 99 vests the power to remove children at the hands of the local government. The 11th Amendment to the U.S. Constitution does not apply to actions of local governments. So, if a local official violates a parent’s “fundamental” constitutional rights by removing their child pursuant to this bill, they, and the county for whom they work, may be subject to liability for their actions, including under 42 U.S.C. §1983.
According to the Supreme Court, the counties can be held liable for violations of parental right committed by their officers[v].
Moral Issues
HB 99 presumes that if a parent disagrees with the treatment recommendations of a “responsible party”, that they are unfit to be parents.
Forcibly taking children from their parents and committing them to procedures against the will of the parents and child, is simply wrong. In most situations that do not involve abuse, a mentally ill child needs the support of their parents and a connection to their parents. Removing them from their home and their safe place will only create more problems for the child and will fundamentally undermine the role and value of those who live with, serve, and know their children better than any “responsible party” that has only interacted with them for a time.
Conclusion
HB 99 allows county officials to remove children from their parents without a warrant or hearing and without the presence of emergency circumstances, which is clearly unconstitutional. Counties and their officers can be sued for those violations. For all of the above reasons, we respectfully request that you vote “no” on HB 99.
All of the undersigned groups listed on the following page sign on and affirm that they support all of the items set forth above:
Keith Grover, Utah State Senator
Austin Hepworth, Esq., Believe Legal Institute
Steven Russel, Esq.
Gayle Ruzicka
Carver, Russell & West
Utah Eagle Forum
Kristen Chevrier, Your Health Freedom
Jessica Bianco, The Kimber Academy
Teena Horlacher & Mary Burkett, WeCANact
Jake Oaks, Liberty United
Jen Dredge, Utah Freedom Coalition
Jamie Renda, The Path Forward Utah
Steve Christiansen, Liberty Defenders
Kathy Smith, Loving Liberty
Kimberly Ells, The Invincible Family
Jonas Rodrigues, Educations Centers of America
Jenni Earl & Pamela Smith, Principles Freedom Forum
Sandra Lucas, Utah Citizens Commission on Human Rights
Jen Brown,Utah Citizens for the Constitution
Lowell Nelson, Utah Campaign for Liberty
Diane Fisher, Riverton Cottage of Big Ocean Women
Darcy Van Orden, Utah Justice Coalition
Maryann Christensen, Citizens for Strong Families
Nicole Mason, Utah Parents United
Steve & Judy Teerlink, Lauren Simper & Dawn Bates, United Women’s Forum Salt Lake
Greg Duerden, Independent American Party of Utah
Bradley G. Green, Advocates for a Prosperous Community
Becky Hope, Monica Wilbur & Bernadette Brockman, Academic Integrity Movement
Tenna Hartman & Dalane England,
United Women’s Forum
[i] “[T]he interest of parents in the care, custody, and control of their children… is perhaps the oldest of the fundamental liberty interests recognized by [the United States Supreme] Court.” Troxel v. Granville, 530 U.S. 57, 65, 120 S.Ct. 2054, 147 L.Ed.2d 49 (2000) (plurality opinion) (citing Prince v. Massachusetts, 321 U.S. 158, 166, 64 S.Ct. 438, 88 L.Ed. 645 (1944); Pierce v. Society of Sisters, 268 U.S. 510, 534-35, 45 S.Ct. 571, 69 L.Ed. 1070 (1925); Meyer v. Nebraska, 262 U.S. 390, 399, 401, 43 S.Ct. 625, 67 L.Ed. 1042 (1923)). Parents have a fundamental right “to make decisions concerning the care, custody, and control of their children.” Troxel, 530 U.S. at 66, 120 S.Ct. 2054 (citing Washington v. Glucksberg, 521 U.S. 702, 720, 117 S.Ct. 2258, 138 L.Ed.2d 772 (1997); Santosky v. Kramer, 455 U.S. 745, 753, 102 S.Ct. 1388, 71 L.Ed.2d 599 (1982); Parham v. J.R., 442 U.S. 584, 602, 99 S.Ct. 2493, 61 L.Ed.2d 101 (1979); Quilloin v. Walcott, 434 U.S. 246, 255, 98 S.Ct. 549, 54 L.Ed.2d 511 (1978); Wisconsin v. Yoder, 406 U.S. 205, 232, 92 S.Ct. 1526, 32 L.Ed.2d 15 (1972); Stanley v. Illinois, 405 U.S. 645, 651, 92 S.Ct. 1208, 31 L.Ed.2d 551 (1972)).
The Utah Constitution similarly protects this fundamental right. “In a long line of precedent, [the Utah Supreme Court] has recognized parental rights as a fundamental component of liberty protected by article I, section 7 [of the Utah Constitution].” Jensen ex rel. Jensen v. Cunningham, 2011 UT 17, ¶ 72, 250 P.3d 465 (citing Mill v. Brown, 31 Utah 473, 88 P. 609, 613 (1907)). Indeed, as our Legislature recently recognized, “[t]he right of a fit, competent parent to raise the parent’s child without undue government interference is a fundamental liberty interest that has long been protected by the laws and Constitution of this state and of the United States, and is a fundamental public policy of this state.” Utah Code Ann. § 78A-6-503(9) & amend, notes (LexisNexis 2012). “[A]lthough fundamental,' parental rights are not absolute. A parent's rights must be balanced against the state's important interest in protecting children 603*603 from harm." Jensen, 2011 UT 17, ¶ 74, 250 P.3d 465 (citations omitted). [ii] Jones v. Jones, 307 P. 3d 598, 602-03 (Utah App. 2013). [iii] [T]he Supreme Court made clear that termination of parental rights impinges upon a liberty interest of which a citizen may not be deprived without due process of law. This circuit has applied Santosky's holding … to the temporary seizures of children and has held that notice and a hearing are required before a child is removed "except for extraordinary situations where some valid governmental interest is at stake that justifies postponing the hearing until after the event.'” “Valid governmental interests” include “emergency circumstances which pose an immediate threat to the safety of a child.” As the Second Circuit has noted, the “mere possibility” of danger is not enough to justify a removal without appropriate process. (emphasis added)
Roska ex rel. Roska v. Peterson, 328 F. 3d 1230, 1245 (10th Cir. 2003) (emphasis added). Since this proposed statute allows for removal based solely on the “belief” of “substantial danger”, it is authorizing removal based on the “mere possibility” of danger and “is not enough to justify a removal without appropriate process.” Id. In other words, a parent needs the ability to appear in court prior to any deprivation of parental rights or custody.
[iv] The powers of the government of the State of Utah shall be divided into three distinct departments, the Legislative, the Executive, and the Judicial; and no person charged with the exercise of powers properly belonging to one of these departments, shall exercise any functions appertaining to either of the others, except in the cases herein expressly directed or permitted. (emphasis added)
In the case of Vega v. Jordan Valley Med. Ctr., LP, 449 P.3d 31 (Utah 2019), the Utah Supreme Court overturned a statute that allowed DOPL, an agency of the Executive Branch, to make decisions that were judicial in nature. In Vega, the Court stated:
While Article V regulates and guides the apportionment of authority and function between the branches of government, the core judicial power vested in the courts by Article VIII is always retained by the judiciary—regardless of whether the party attempting to exercise a core judicial function belongs to another branch of the government. In interpreting Article VIII we have said that the “explicit vesting of jurisdiction in the various courts of the state is an implicit prohibition against any attempt to vest such jurisdiction elsewhere.” Additionally, the “[c]ore functions or powers of the various branches of government are clearly nondelegable under the Utah Constitution.” Notably, the core judicial function of courts includes “the power to hear and determine controversies between adverse parties and questions in litigation.” … We have clearly stated that it is unconstitutional for anyone but “duly appointed judges” subject to “constitutional checks and balances” to adjudicate cases and enter final judgments. Vega v. Jordan Valley Med. Ctr., LP, 449 P.3d 31, ⁋15 (Utah 2019) (emphasis added).
[v] TITLE 42—THE PUBLIC HEALTH AND WELFARE §1983. Civil action for deprivation of rights Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia. (R.S. §1979; Pub. L. 96–170, §1, Dec. 29, 1979, 93 Stat. 1284; Pub. L. 104–317, title III, §309(c), Oct. 19, 1996, 110 Stat. 3853.)
patriotmongoose 