Young boy in state custody regardless of court orders to return him to his family
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- regjoeschmo
- added this
There is a lot that needs to be done in this case, and getting criminal convictions is a part of that. Our number one priority has been to recover joshua.
Since this case has covered four different states, the cost as been astronomical. Since law enforcement/ fbi/us marshalls refuse to enforce the writs of attachment for children (2) and the writ of habeas corpus, the cost of recovering Joshua has fallen on us. At this point my husband is over the million dollar mark that he has either spent or owes. In the meanwhile, cps gets to use tax payer money, plus exploit Joshua's social security and medical benefits.
In addition to the financial hardship, we also have had to deal with threats and harrassments. One lawyer withdrew. On the record it was because of the complexity of the case. Off the record it was because the opposing attorney for cps had filed a bar complaint against her for representing my husband and was threatening to file yet another complaint, as was a third person.
The amount of criminal activity in this case is unbelievable. Threats and harrassments, bogus documents, break ins, etc etc etc.
Basically my husband is now having to do everything himself now. The pi that we had has cancer and is unable to work at all. Our pi called everyone he could think of, and no one is willing to do anything.
My husband is entitled to recover his cost/fees/expenses, but has not filed for them for fear that joshua will be killed. (look at the Kayla Allen case in Onslow County NC).
We are doing everything we can to get josh home. We have limited resources though, and the media doesn't care. Oh, the minute we get Josh back to texas there will be a feeding frenzy, but until then, they don't care. Law enforcement doesn't care. The USs attorney who sent the FBI to our house doesn't care.
There's no reason why this case should have been allowed to get to the point. The UCCJEA clearly states that law enforcement is supposed to do this because the average parent can not afford to, but none of that matters. It's still all left on us, and CPS knows this. All they have to do is bind their time until the parent finally runs out of money and can't fight any more.
Needless to say we are not giving up, but this is not an easy fight. What's sad is that we've already won three times over, but still we must fight.
I'm sorry if I sound so gloomy, but this has been a long hard battle. My husband has won three separate times, and all we've gotten out of it is worthless pieces of paper. Even when you win, you still lose because CPS is above the law.
Hopefully this will change soon, but it is the unfortunate truth of today.
April
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- tags:
- CPS, CPS corruption, SS Title IV-E, Legally Kidnapped
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Belinda_Carr
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anyone who believes this cant happen is BLIND and DEAF just look and listenwe are in a nightmare with our grandchildren. you think you are doing great your family is happy and BAM here they come with annonimous accusations and you are GUILTY period 15,000. in 2 months and just starting took the kid they have still NEVER spoke to ONE of our witnesses would've taken 30 min to straighten this out but we have pretty babies not messed up (till now) Easy to get rid of Workers do get BONUSES for ADOPTIONS I had a worker tell me himself 6 yrs ago. we protected our kids raised them to be independent and responsible kids. SO DONT TELL ME THERE IS 90 PERCENT ABUSE ANYONE THAT THINKS THAT NEEDS TO HAVE THEIR KIDS PICKED UP AND LEARN THE HARD WAY
- 1 year ago
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Belinda_Carr
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justadad
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I've told my children "not to have children in America the way America exist today."
Is it any wonder?
Extortion, racketeering and embezzlement now routinely couched upon best interest of the child.
In my opinion, the "empty vessels" for "perceptions and biases" of the "masses" have never so readily been so lucrative. (FN1)
Likewise, crime has never before been so easy AND lucrative.
But, in my further opinion,
It should never pay to hate, discriminate and invigorate ill-will.Yet, tis such
The state,
Of our State(s),
On the Dole.How can anyone try to tell us that money was/did not play(ing) a role in this matter?
Remarkably, as with most other addicts, public acknowledgement represents as the most important, but difficult, step.
If you have any questions regarding the level of depiration that "authorities" will venture to sustain their insatiable access to da junk and their kingpins; please feel free to send a message and I'll further elaborate off-line.
Regjoeshmo, great post and keep the lantern lit. For sure, there is great need to further illuminate the abyss of which your posting "brings to light."
IV-mainliners do indeed need be brought to further light.
----
FN1 - Best interests operates as "an empty vessel into which adult perceptions and prejudices are poured." Hillary Rodham, Children Under the Law, 43 Harv. Ed. Rev. 487, 513 (1973).
Yes, "an empty vessel" of which many of "civil" community NOW readily enter for lending of bias and prejudices; more especially by which to obtain more of "da junk" via the suspect IV-mainlines that have been tapped into their "Candy Mountain" of our Social Security for utter pillage of the Federal Dole.
- 2 years ago
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justadad
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divotdawg
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Someone said in an article that if someone wanted to start up a business in organized crime, to model their system after CPS. They are literally legally kidnapping and selling our children out of the foster care market. Do you want to know why so many children are dying? CPS doesn't care. The children who are really being abused are allowed to remain in their homes (Emma Thompson, Danieal Kelly) because they're too damaged or too ethnic to bring in much money. The very children that the Adoption and Safe Families Act was designed to help, they're the ones still languishing in the foster care system. Nowadays there's a form you fill out online, to special order a child. Then social workers go out and look for children to remove just to fill their quota. Do you think I'm making this up? I most definitely am not. Here's a link to just one site where you can put in your order...
- 2 years ago
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divotdawg
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MotherForTruth
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divotdawg:
CPS practice in this case is sure is kidnapping for ransom.
- 2 years ago
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MotherForTruth
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justadad
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MotherForTruth:
And where be the U.S. Attorney's office?
Where be the defenders of justice and pursuers of justice?
In many cases, with hands already bloodied from reaching into "their" cookie jar(s) of bled hearts and picked pockets of children -- albeit, of Orwellian rending, via best interests of children.
- 2 years ago
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justadad
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aprillove1969
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justadad:
apparently when nc complained about our pi's looking for josh, this got to the us attorney's office here who had the fbi come to our house. my husband called the us attorney and she did not want him to send pi's to look for josh (keep in mind that even the fbi said that they could not tell him that he can not send pi's). the us attorney said how traumatic it would be for josh. excuse me, but what about how traumatic it is for him to have been taken in the first place, and now to have gone three and a half years with no contact from his father, plus being abused/neglected/illegally detained by these people (that's what it says in the texas writ of habeas corpus case). so basically what the us attorney is saying is that let's just let kidnappers keep the kids because it would be too traumatic for them. give me a break!!! would they be saying this if the kidnappers were anybody else? but because it's cps, they get to break the law and get away with it. that is what's so frustrating--if you would change the name in the court documents to anything else, this would've been acted upon a long time ago, but because it's cps, nobody will move.
- 2 years ago
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aprillove1969
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justadad
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aprillove1969:
Aprillove1969, while not able to completely relate, I think I can sympathize.
My efforts to inquire of possible 'actors' in a matter unrelated to that of which you reference, but similarly suspect, resulted in some pretty blatant retaliatory "bad acts" by given "authorized actors" under color of law -- aka, Federal Crimes. Yes, the heat ever increasingly elevated by racketeers in quite blatant pattern of overt corruption(s).
Literally, it was enough to make me sick. More recently, I've been diagnosed with cancer and given about 2 to 3 years.
Rule of law today certainly seems flawed.
Keep your lights on, continue revealing the dark "bureaucrats " of/with unconstitutional deal-bent bats and, more importantly, may calming comfort embrace you with your loved ones.
- 2 years ago
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justadad
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MoonLoon
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I cannot comment on this particular case. However, I can vehemently comment on the issue of federal funding to a state agency based on a "price per child". This is tantamount to slavery or extortion! Funding should not be based on a per child formula, as it puts staff and administrators in a biased position regarding decisions. The staff is now under pressure to seize children as a key performance indicator of their job function. Outrageous!
- 2 years ago
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MoonLoon
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divotdawg
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If you don't know what you're talking about, don't say a word cos all you're doing is sticking your foot in your mouth. That comment was ignorant. Social workers are sociopaths. They get off on the power trip. They love making families pay for the sins of their own parents. I guess all these children who are dying while in foster care did something horrific to deserve that kind of treatment. I guess it's okay with you if they're killed in foster care, just so long as they're not killed by the big, bad bio parents. What's the excuse for that? What's the excuse for bio parents who kill their children all under CPS's watchful eye? How many more children are going to have to die before you get it? One? 100? 1,000? Give me a number that's acceptable to you cos quite frankly, I'm about sick of CPS screw ups. Name one case where they've gotten it right. I can certainly show you proof of their f**k ups. I guess thinking social workers are these good people makes you sleep better at night. I hope for your sake that you never have to personally find out differently. So until you've dealt with this corrupt agency, don't go judging us.
- 2 years ago
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divotdawg
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xiola
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This event deserves much more attention than it is getting. I've visited the links and researched it online (but it isn't getting enough coverage), and, while I'm no expert on the subject, this seems very wrong to me. I need to see real, solid evidence that the parents are unfit. I'm not finding that anywhere. I find it devastating that they don't even know if the child is even alive. Any parent should be allowed to know that much... This is a travesty. If you have the evidence to change my mind, please submit it.
- 2 years ago
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xiola
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common_sense_please
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How sad. And as a social worker I can say this is why just about every social worker I know has fled CPS and/or refuses to work for them.
- 2 years ago
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common_sense_please
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unimatrix0
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common_sense_please:
CPS is filled with social workers! Your comment is simply unbelievable. Who do you think works for CPS?
For the most part CPS is filled with good people, mainly social workers, who want the best for children.
It is a frustrating, thankless job, and people making sh*t up and smearing them is not cool.
People who don't like child protective service workers are usually angry because they got caught abusing or neglecting children.
- 2 years ago
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unimatrix0
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regjoeschmo
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unimatrix0:
one cannot "make up" proven facts, and the only time this rhetoric is used is when people refuse to look into the complaints against CPS and blindly support the system.....
- 2 years ago
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regjoeschmo
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justadad
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unimatrix0:
Might not good people keep the nest clean?
Might not honorably entrusted respect the trusts bestowed?
It seems to me that many are presently aware of some rather "blatant" abuses that have on regular occasion been "swept" beneath rugs. Accordingly vugs beneath rugs subsequently emerge to blemish virtues otherwise deserving of "public" servants.
Absent leadership within to keep "clean," checks and balances will ever eventually present to combat "corruption."
Until such time, patience indeed presents as an utterly costly calling card to many the weary.
We often hear that "its complicated."
For sure, it would seem quite complicated to obtain some irrationally weaved explanation trying to rationalize extortion, racketeering and/or embezzlement(s).
It only takes a few bad apples to undermine any given body of humanity. Hence, the greater our need for "transparency" and functionally working "checks and balances."
Regards.
- 2 years ago
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justadad
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shugarsmama
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common_sense_please:
they were apparently the smart ones and the ones who truly care about what happens to the families they work with.
- 1 year ago
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shugarsmama
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shugarsmama
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unimatrix0:
Actually, CPS is filled with caseworkers. Social workers go to school to get their degrees and case workers do not. The case workers who work for CPS are the ones who have given the agency the bad name and are the reason for the corruption within the agency. They have no relative experience and no family experience most of the time, which basically leaves them unqualified to be in their positions. Some of these caseworkers are hired out of high school and have no business being allowed to take children when they have never had any of their own.
As for people who don't like CPS, do you realize that over half of America can't stand this agency and at least half of them have never been in trouble or had any dealings with this agency? Wake up to reality and really look around. Thousands of children have died under this agency's supposed "protection." My oldest son was almost one of them. My children were removed and we have also had higher court rulings in our favor, but still the agency refuses to return our children. What happened to reunification with the family is priority? That is a bunch of BULLSHIT and you know it. None of this is being made up. I have court documents to prove all of it. DO YOU? I think not, so open your eyes. THIS is only going to get worse.
- 1 year ago
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shugarsmama
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aprillove1969
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divotdawg, yes that is the same case. leesa worked very hard. we still do not know for sure if he is dead or alive. please feel free to repost. there are links in the comments to youtube videos and leesa's blog about this, plus the hope4kidz site that is listed above. i sent you an e-mail. thanks again!
- 2 years ago
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aprillove1969
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divotdawg
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April, I am quite familiar with this case. My friend, a fellow blogger, was really taking up this cause. If I'm not mistaken, N.C. legally kidnapped him even though they did NOT have jurisdiction and that Texas ordered the child be returned to the father. Also, if I'm not mistaken, no one could account for his whereabouts. It seems to me that my friend (Leesa or Lawdoll - Stop Corrupt DSS) was trying desperately to get information in regards to him but failed. North Carolina is a very corrupt state. I should know, I lived this nightmare in Orange County. I love naming names too. So if anybody has Nancy Wells, Tracy Trask, Judge Patricia Devine, Carol Holcomb, Greg Heafner, Sandra Prelipp or Ed Eubanks involved in their case, watch out. Greg and Sandra are the two most worthless attorneys on the face of the earth. They work FOR CPS, not against them. Judge Devine resigned the year after all of her TPRs were overturned by the N.C. Appellate Court. Ours being one of them. I posted the story on my blog, I hope you don't mind. Feel free to contact me at bwalexander3@yahoo.com if you need anything. I'll be more than happy to keep reposting your story.
- 2 years ago
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divotdawg
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aprillove1969
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unfortunately, cps does routinely take children for no issue, and money is a big issue. in addition to government money they make off of each foster child (more if they are special needs), in this instance they are also ripping off joshua's social security benefits and still continuing to get child support for a child they are illegally detaining, plus ripping off his medical benefits.
as to the abandonment issue that was brought up, how is it abandonment to leave your child with a registered nurse as the babysitter for a few hours. also there was an off-duty police officer and two ministers (there was a funeral prior that day).
in addition, there is the transcript from the sampson co nc cps supervisor who admitted that when she investigated, she found joshua completely safe and reported that back to carteret co (three hours away), but carteret co insisted josh be picked up.
and yes, this case is complicated. nc picked joshua up on emergency jurisdiction and has kept him for nearly four years on that. they also dumped him in a lock down facility for approx. 8 months in virginia where no parent resided, thus ending their emergency jurisdiction. when my husband was about to get the custody order enforced, joshua was transferred across state lines. this is federal kidnapping, but they get away with it.
and no matter what anyone may think personally, the courts have already ruled. nc's laundry list of complaints was addressed by the texas courts and my husband was adjudicated on all of it. carteret co nc was found to be abusing/neglecting/illegally detaining joshua by the texas court. in addition, the nc appellate court reversed everything and said there was no reason to address the other issues because nc had no jurisdiction.
who else in this country can get away with defiance of court orders like this? if it was a parent or another individual, the fbi would be all over it. but in this case, even when the fbi/us marshalls were court ordered to retrieve joshua (the writ of habeas corpus case), they refuse to do so.
the really sad thing is that we are not alone in this. this happens every day. for those people who live under the delusion that cps does not needlessly take children and are not corrupt, well all i can say is wait until it happens to you or someone in your family.
- 2 years ago
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aprillove1969
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divotdawg
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Darlene, you make an interesting point that if they do it to one, they'll do it for more children. It's already that way now. Countless lives have been torn apart due to CPS corruption and corruption within the family court "in"justice sytem. It's nothing more than kangaroo courts and sham trials. My 2 youngest daughters were legally kidnapped and sold off of the foster/adopt market. We appealed and won...that's when the fight started. They started alleging all sorts of things that were never even mentioned in the first part of our case (we had 3 parts -- trial court; appeals, retrying the case). We lost only because the corrupt judge said too much time had passed and they didn't want to uproot our girls. WTF??? They didn't mind tearing them out of the only home they ever knew so why not take them away from strangers? I wish my case was the only one where they lied, perjured themselves in court, fabricated evidence, exaggerated evidence and not only stomped on our Constitutional rights but stomped them into the ground!!! People testified and said horrific things about us and I'd never spoken to them in my life! Our psych eval, a joke. I mean they lied as bad as our social worker, Nancy Wells, did. I couldn't believe the crap spewing out of their mouths about us. I still don't believe it happened and I was there! So CPS was corrupt a long, long time ago and it's time that America starts listening to us and what we have to say. We're not making this up. It's bad when it happens to ONE person but this happens every single day to countless families. Even if CPS is NOT involved in your life, it doesn't mean they won't be tomorrow. Learn your rights, what to do, and most importantly, what NOT to do if CPS comes 'a knockin'. Feel free to email me at bwalexander3@yahoo.com. Also, please visit...
http://cpsasystemoutofcontrol.blogspot.com
http://legallykidnapped.blogspot.com
http://stopcorruptdss.wordpress.com
http://unhappygrammy-grandparentsblog.blogspot.com/
http://rapedbythestate4066.blogspot.com
http://protectingourchildrenfrombeingsold.wordpress.com/
http://fightcps.com
http://nccpr.info/ - 2 years ago
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divotdawg
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Darlene_Kozak
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No matter what the personal feelings are. The higher courts have ruled and the boy should be returned immediately!!!!! This isn't a matter of what some social worker may think is best. The courts have ruled and now this is kidnapping.
As for parenting I do believe the boys father was on some board for autism. Who would know better of what to do for the child? Some bored housewife who is helping out by being a foster parent or a biological parent who has the knowledge and experience to help him one on one?
We also have to remember if we let the government get away with stealing one child how many more will they take? We have laws and those laws should be respected. And yes I do believe the state is doing something terribly wrong just because they way they are hiding the boy. Even drug dealers get to have supervised visits with their kids. This man doesn't even have a picture of his son. How does he even know if the boy is alive?
- 2 years ago
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Darlene_Kozak
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divotdawg
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This is the nature of CPS corruption. They bankrupt the parents and then use poverty against them. They don't abide by the laws as they are never held accountable so why should they? Legally kidnapping children is a viable source of income from these people and they're not giving up their cash cows. It has nothing to do with protecting children from anything, it's all about the money. I also think some social workers are truly sociopaths and enjoy hurting families. I also think a lot of them get off on the power trip. Once they have your child(ren), they might as well have a loaded gun pointed at your head. They call the shots and you'd better do what you're told and shut up or the next time it might mean a bullet in your brain.
- 2 years ago
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divotdawg
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unimatrix0
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The father abandoned the autistic child while he attended to "important business". That fact makes a big difference.
It boils down to who do you trust more, the state of TX or NC.
- 2 years ago
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unimatrix0
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regjoeschmo
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unimatrix0:
or you could take into consideration that the NC apellate courts also ruled in favor of the father.....
- 2 years ago
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regjoeschmo
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regjoeschmo
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unimatrix0:
with this logic, any parent who uses a babysitter or daycare facilities deserves to have their children taken by CPS.......
- 2 years ago
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regjoeschmo
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justadad
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unimatrix0:
Some has suggested that "when holding a hammer, everything else looks like a nail."
Yet, until we've experienced being a "nail," we perhaps may never be able to appreciate the number of others who readily lash-out as authoritative, self-licensed "hammers." Nor, might we be able to appreciate all who quickly spring forth as "designated" ventriloquist o'r those of whom "they" allege of inability to speak for themselves.
Yes, today, parental loves are readily cast aside like the Constitution of "our" present guardianship obligations. Liberty be damned; we've Beauty and Strength to rule.
And so while so many throw Fatherly/Motherly loves under the bus, we hear ever louder the ever more deafening and gleeful screams for Barabbas.
- 2 years ago
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justadad
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shugarsmama
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regjoeschmo:
i agree. but that is what they are already doing. hate to say it, but unimatrix is an idiot.
- 1 year ago
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shugarsmama
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shugarsmama
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unimatrix0:
Which agency do you work for? Because, YES, CPS/DHS takes children without reason. A good majority of the allegations that are called in are usually from the workers themselves under "anonymous" and because the parents are not allowed the information on their accusers, they are not able to proceed with a CONSTITUTIONAL right to face their accusers. YOU are SO naive. I know this happens because it has happened to me and my family. CPS doesn't care about the children. They only care about the money they get. That is probably why I see caseworkers DROWNING themselves in alcohol every weekend. I don't drink. The corruption is everywhere and it will not stop. I expect to see drastic measures being taken against these people very soon if it isn't stopped. Some of these people have nothing left to live for after CPS is done with them. What do you think might happen next? By supporting CPS, you support the harm and deaths of the children wrongfully in custody. Can you live with that fact?
- 1 year ago
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shugarsmama
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MotherForTruth
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shugarsmama:
Exactly! Thank you for specking up.
- 1 year ago
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MotherForTruth
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unimatrix0
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This is one side to a no doubt complicated story - it is not news but a rant from a party with an obvious vested interest..
Why was the child removed? Abuse? Custody dispute? Negligence? CPS does not remove children without cause.
Having worked with at risk youth, when ever parents challenge child protective services I am highly skeptical. 99.9% of the time child protective services are right and the disgruntled parents are fabricating or being deceptive.
- 2 years ago
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unimatrix0
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regjoeschmo
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unimatrix0:
hmmm, it would be nice if you read the information in the links posted.... seeing as how the courts themselves have found that the removal was unfounded and ordered the child to be returned your argument is moot...... The bottom line is that NC CPS does not want to let go of their SS Title IV funding this child brings to them. He is considered special needs and can bring at least $6,000 per month for being in foster care.....
- 2 years ago
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regjoeschmo
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unimatrix0
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regjoeschmo:
hmm, it would be nice if you posted a real news story with facts instead of a whining blog entry
hmm, it would be nice if you posted the relevant facts in the body of the story instead of burying them in the comments
it is highly doubtful NC is going through all this for the money; the court costs alone make your hypothesis rather silly
- 2 years ago
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unimatrix0
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regjoeschmo
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unimatrix0:
seeing as how the youtube videos are news broadcasts again a moot argument....
just because MSM does not pick up on these stories does not negate their newsworthyness..... You can also look into the SS Title IV-E legislation to see how they get their funding and it doesnt seem so "silly"
- 2 years ago
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regjoeschmo
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justadad
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unimatrix0:
Are you serious????
Are you aware that the IV-mainline lends "rewards" for various State-players (i.e., and Contractors thereto) of tens if not 100's of Billions?
And while these funds are embezzled for purposes of assisting creeds of the greedy, we undermine the tending to needs of the needy.
Query "IV-mainliners".
It's not a pretty picture.
- 2 years ago
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justadad
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shugarsmama
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unimatrix0:
CPS ALWAYS removes children without cause. You don't get it do you? Their cause is to meet quotas and gain money for the agency. They don't care about the children. If they did, thousands of children would NOT be dying in their custody every year. The children who really do need intervention would be in safe, loving homes, instead of left to their abusers. THIS is how CPS works.
- 1 year ago
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shugarsmama
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aprillove1969
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the links listed in the comments have much of the information you seek. joshua was taken illegally to begin with. joshua is a texas resident taken in nc. my husband has won a texas custody case (with writ of attachment for children) and writ of habeas corpus on behalf of joshua in texas (with yet another writ of attachment for children), and in the nc appellate court which reversed everything and ruled nc had no jurisdiction. if you want more information, we'll give it to you. don't assume that just because cps takes a child that they are in the right. in fact, the texas court ruled that carteret co cps was abusing, neglecting, and illegally detaining joshua. why are they allowed to get away with it when if a parent was found guilty of such, they would not only have their child taken away but be facing criminal charges?
- 2 years ago
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aprillove1969
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MotherForTruth
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While courts fights jurisdiction this family is suffering. Where is the best interest of this child? Why are families terrorized by government agencies that have all of the federal funding in their pockets?
- 2 years ago
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MotherForTruth
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02
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The above seems missing the crucial points of what is going on. It's a lot of woe me, my poor husband - but why has the state got the kids?
- 2 years ago
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02
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regjoeschmo
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02:
it helps to read the info in the links
- 2 years ago
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regjoeschmo
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02
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regjoeschmo:
I'm sure it does - however, especially when one is trying to communicate important information. "less is more" AND the straight, quick facts will reach people.
- 2 years ago
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02
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regjoeschmo
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02:
this does not negate the fact that your comment is based on the fact that there was no effort on your part to research this before making such a comment......
- 2 years ago
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regjoeschmo
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ii386
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regjoeschmo:
So why write a story poorly and criticize others for not researching it more thoroughly? I'll just move on to the next instead.
- 2 years ago
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ii386
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shugarsmama
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regjoeschmo:
reading is obviously too much for some of these people to do. they like to assume that the families are automatically in the wrong because CPS is involved, and have no true information or experience with this agency to understand the corruption that is rampant within. I do. CPS is out of control, they need to be stopped, or it is only going to get worse.
- 1 year ago
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shugarsmama
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regjoeschmo
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ii386:
i didnt realize that i wrote this story.......
- 1 year ago
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regjoeschmo
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aprillove1969
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just wanted to make one correction: i am joshua's stepmom.
- 2 years ago
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aprillove1969
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regjoeschmo
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aprillove1969:
ok, ill fix that for you....
- 2 years ago
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regjoeschmo
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regjoeschmo
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http://stopcorruptdss.wordpress.com/2009/06/14/where-is-joshua-william-smith/
More info in this blog as well.....
- 2 years ago
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regjoeschmo
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regjoeschmo
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http://www.youtube.com/watch?v=bVUbx6DkT4o&feature=response_watch
youtube video after the winning nc appeal:
- 2 years ago
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regjoeschmo
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regjoeschmo
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http://www.youtube.com/watch?v=lNNKvY6nfJ8
youtube video after winning writ of habeas corpus:
- 2 years ago
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regjoeschmo
