Summarizing key points from this video.
Faculty Publications of University of South Carolina Law School 2010 “Filling the Due Process Donut Hole”, John Gupta-Kagan 17:00
You cannot cheat and skip due process, especially when not a judge, especially bypassing the Constitution, especially by fraud-or else the case is null and void. 19:00
The same person (social worker) who made a decision on their own to take the child is going to provide services to the parent, and will benefit by making money only if they adopt out the child. No Jury said the parent did wrong. Nobody proved anything! 21:00
Social worker is biased 26:00
When did they make reasonable efforts to follow the Constitution and NOT take somebody’s rights away to their children without due process of law? In the Constitutions of every state the liberty interest’s of the parents is their children. 27:00
CPS never proved anything but took the children without a warrant or jury or court trial. 28:00
Hundreds of thousands of cases, judges change a child’s permanency based SOLELY on the representations of parties, i.e. social worker, and NOT ACTUAL EVIDENCE and without giving the parents the ability to appeal the judge’s decision. (31:29) 29:40
Procedures don’t allow evidence, can strike everything from the record that shows you told the truth, no court of record, no ability to face your accusers, no ability to show your witnesses. 33:00
Arizona Constitution, Section 2, All political power…are established to maintain and protect individual rights.
Section 4, No person shall be deprived of life, liberty, or property without due process of law 35:00
Section 8, No person shall be disturbed in his private affairs or his home invaded without authority of law 36:00
Section 11, Justice in ALL cases shall be administered OPENLY and without unnecessary delay (but you can’t have anyone in the court and you wait a year with your child gone) 37:00
Abuse and Neglect cases are UNLIKE civil cases. 40:00
Who gave these people authority to play God over our children? 41:00
Federal law requires states wanting $$$ for kids in foster care to obtain permanency planning 42:00
Hundreds of thousands of cases are hurting children 45:00
It’s all about money! (In their own words) 47:00
Powers shall be divided. Legislators cannot write statute that allow CPS to change the rules of evidence in court. 49:00
AZ Constitution, Article 4, Legislative Dept. (Legislative tribunals are not actual courts) The law states the people of one branch cannot take the work of the people of another branch. 51:00
Section 19, Local or Special Laws states what the government can NOT do. Can’t change the rules of evidence, can’t regulate the practices of courts of justice, can’t grant CPS exclusive privileges, immunities or franchises; can’t change names of persons or places, and when a general law can be made applicable. 52:20
Pcap showing the GAL handbook teaching against the law. 56:40
…While the law may say otherwise…They admit in their own documents that they do NOT follow the law! It’s irrelevant if there is no evidence against you! 101:30
Federal govt. created legal structure to get foster care funding but goes against parents’ rights. None of the cases are actual judicial cases that hold any power. All children have been stolen that CPS took. 1:06:03
Abuse and neglect law (it has its own category?) Not Constitutional. 1:08:40
These entities are not using Constitutional law. David explains what happens when you stand up against them with the actual law and truth. 1:14:20
Parents do NOT have a right to counsel according to them 1:18:30
The Donut hole in between: Even the lawyers will be confused as facts are discussed which are NOT PROVEN at ANY trial! 1:18:50
Don’t trust attorneys! This is why. 1:22:50
You can have disputes about statements that they never proved. You NEVER get to prove that they lied. You can not appeal. It is NOT a courtroom. 1:27:00
Permanency hearings are creatures of statute. They must be held after child is kept 14 months. The ones who take your child and get paid to adopt your child are the same ones who administer the program and tell you what you must do. 1:32:00
States’ federal funding depends upon their obtaining a judicial finding. (They took your child WITHOUT a judicial finding and kept them this far WITHOUT one too because there was no court of record using the common law). 1:35:00
Federal procedural “safeguards” at permanency hearings is “light” on details of what safeguards are required. Lists parental rights as “visitation privileges”. Children shall be consulted in regards to their permanency plans. No guidance on protecting the Constitution or liberty interests of the parents. 1:37:00
Adoptions Assistance and Child Welfare Act, 1980. Govt doesn’t want to pay for foster kids, but gives no guidelines for protecting rights of parents and children. 1:38:45
Adoption and Safe Families Act 1997 shortened the time line from 18 months to 12. No Constitutional authority is given for these conclusions and proceedings in the permanency hearings. Children are being snatched from homes with no evidence, no proof, nothing, and all of the officials are involved. They do NOT know the law. They make $$$ if they keep your child for at least a year. 1:40:00
All are working as federal agents because they all work together in a private program to take your children for money. Judges, attorneys, GALs, child protection workers, police are being taught to go against the law because they were never taught the Constitution. 1:43:40
Original law states you are NOT allowed to take children! Social Security Act, 74th Congress, Session 1, Ch 531, August 14, 1935. Provisions, not law. Created a Social Security Board (a trust) for the purpose to raise revenue. Title 11, Section 1101, #6, D. states you CANNOT take children! 1:44:09
Arizona PCap showing federal government has been allowed into states to bring private programs which are against the law. Arizona Revised Statute 8-453 Powers and Duties. Obligations of CPS Judge and duties. Collect matching funds for taking your children. #15 States the Director of CPS is a federal agent. #17 violates law. CPS are in a federal partnership working with the government to take your children for money! David summarizes all violations. 2:04:04
Judge decides, not the parents, about the child’s immediate future. After removing the child they look for “developments” to keep them. David explains why he withdrew from his case when he understood the fraud of the private association acting in an illegal administrative proceding. 2:12:40
Eric Washington, Chief Judge of DC Court of Appeals. Discusses requirements of a notice be given. How can you have a hearing and not tell people what to prepare for? A judge swears by oath to protect the individual rights of the people. 2:16:55
In a court of record everybody has to have notice. Writing statutes is not fruitful and legislators just throw it in the trash. 2:20:05
Miranda. The legislature does not get to create rules for the court to function in a judicial court. 2:23:30
Nothing is ever proven, no substantial evidence, no chance to bring witnesses, can’t face your accusers, and judge is confused? The Constitution is mandatory. Their statute says you can’t appeal their order. These are not courts, but legislative tribunals getting recommendations from private associations. 2:25:00
National Council of Juvenile Family Court Judges with 30,000 members is the oldest membership association in America and provides technical assistance to judge. These judges have allegiance to a private membership association but they are bound under the Constitution. American states are not bound by legislation of District of Columbia. 2:28:56
Who is the Council who can state there can be no appeal to permanency hearings and where did this council get put in power by the people to have the authority to bypass the Constitution? Emoluments are against Article 1, Section 9 of the Constitution. Why are our government officials partnering with private associations to make decisions over what rights the people have and why are they able to make money off of taking our children? Why do they get to lie to take them? 2:34:56
CPS acting as a private entity is an adversarial enemy in your case. The judge contracted with the private entity as a trustee (to protect your rights) is now in direct conflict with the Constitution. Direct connection with the definition of treason! 2:37:00
Driver’s license requirements vs removing your children in violation of rights is not the same thing. 2:39:50
Who swore to court documents in David’s case. No one. There were none. Administrative business by a private agency working in a partnership to make money and the removal of your children was NEVER a real trial! 2:41:00
Legislature does not write common law. Common law states you have rights guaranteed in the Constitution. Children are not a creature of the state. They are the liberty interests of the parents. 2:43:30
Maxims of Law. 51i, Individual liberties are antecedent to all government. 51l, Lapse of time does not bar the commonwealth. 51p, the main purpose of government is the protection and preservation of personal rights, private property, and public liberties, and upholding the law of God. 51q, a frequent occurrence to the fundamental principles…original law…indespensibly necessary…51r, (give notice!) usurpation of power and definition of tyranny. 59w An action is not given to one who is not injured. 2:45:32
61a “Interpersonal Relationship” No one ought to be enriched by another’s loss. Removing children, adopting them out, stopping parents from having access to them are all losses. Truckers sponsor National Juvenile Judge events. 2:56:20
61j Transations between strangers may benefit, but cannot injure those who are not parties to them. 2:58:48
64a A judgment given by one who is not the proper judge is of no force and should not harm anyone. The proper judge who can take your liberty away from you is a jury of your peers based on the Constitution. 3:00:00
Unity and faith is our best hope. Everything in law (but especially God) is already on our side. 3:06:00
Isaiah 49:5 God’s promise to the end! 3:11:18
No point going to the courts. Matt Agorist article, 6/12/18, NCMEC Report shows 88% of Missing Sex Trafficked Kids Come From US Foster Care; Dwight Mitchell declares legal kidnapping, courts remain unaware of actual law; Josh & David are the only ones who could get an audit but they didn’t use the courts. You are wasting your time begging the courts to give you your rights when you don’t even know your rights. We must learn and teach others our rights to change anything. 3:33:00
Let Our Babies Go! 