Agency State Children

Unlike any other Government 

Agency State
Children

Child Protective Services is known by different names in some parts of the country, but there is little difference in the policies and activities of these insidious government agencies.

One event, which occurred about 1986 involved, separated parents. The mother, living with a child from the current marriage and two from a former marriage, lived on Ocala, Florida. The father lived in Orlando. One day, the father received a phone call from the hysterical mother. "They came in the house and told me to go to a room, and they took the children and terrorized them", she said. The father told her that he would be there, shortly, to see what he could do.

When he arrived, the mother explained that Child Protective Services had come to her door and said that they wanted to speak with the children; they said that they had received a report that the mother had abused the children. They demanded that she go into a bedroom and close the door while they asked the children some questions, and looked for signs of child abuse. They would not answer any questions, and they continued their "examination of the children for over half an hour. Finally, they allowed her to come out of the room and informed her that they found no evidence of child abuse. Again, they would answer no questions, though they did leave a business card.

The children were frightened, even after the CPS people had left. The oldest, a girl asked her mother if they were going to take her away from her mother. The mother had no idea what the answer to the question was.

The father arrived and the mother told him what had happened. He was irate, and took the business card and drove to the offices of the CPS. He demanded to see a supervisor, and, after repeated demands, was finally led to a room occupied by a woman who appeared to be a director. He explained what had occurred and insisted on seeing the report that had been filed. She denied his request, and the conversation continued. He explained that he was not going to leave the office until he was able to see the report. Finally, the women relented, left the office, and returned with a Xerox of the report that was filed. The father read the report and noted that there were a couple of items "blacked out with a marker". The obscured items was the name of the person filing the report and their address and phone number. The report, however, made clear that the report was called in over the telephone.

The father then insisted that," in accordance with the Constitution, we have a right to meet the accuser. You have provided nothing along the lines of what I requested. I want to see the report that caused your people to terrorize my family." After a very heated discussion, the women, again, left and returned, this time with a complete copy of the report. On this copy, which claimed that the person had personal knowledge that the mother abused the children, was blank in both the address and the phone number, however, in the box for the name of the person filing the report was written "anonymous".

Florida, when they adopted the child abuse database, determined that if ever anyone"s name were entered in the database, it would never be removed. Consequently, the mother"s name will, forever, be listed as a possible child abuser.

The father informed the CPS that if they were ever an investigation, again, into that family, that he be notified and be allowed to be present. The woman made some notes and assured him that he would be notified. Thus ends this story, but not the knowledge that someone who was an excellent mother will, forever, have her name on the rolls of those who have abused their children

There are many occurrences of CPS taking children away from their parents. Usually, when this occurs, any court proceedings come after the children are taken. The children have become the property of the state, which is provided substantial funds by the federal government, leaving families destroyed. Very few have had such a fortunate outcome as described above.

Administrative agencies have managed to, somehow, bring the children into their web. In most cases, welfare, or some other program advertised to help parents with their children, are the means by which the "benefit" is sought, thereby binding the parents to the rules of the agency.

Property Forfeiture
There are so many cases of property seizure and forfeiture that it difficult to know where to start. We have all read accounts of someone travelling with large amounts of cash in their car, or their purse or pocket. They are stopped by local law enforcement. They are asked to give permission to search the vehicle. Most often, the unwary driver says "yes".

The officer then searches the vehicle and finds a large amount of cash. He will probably let the person go, perhaps with a ticket, though sometimes with a simple, "you are free to go". The cash, however, is confiscated by the officer as "presumed to be the byproduct of criminal activity".

The cash is turned over to the court and a proceeding takes place, styled along the lines of "Acme County v. $9,378 dollars in cash". Then, if the owner of the cash has the wherewithal to pay an attorney to represent the "cash" in the suit, they start watching the value of the cash reduced proportionate to the cost of the legal proceedings.

The "court" is operating under the premise that the cash is a byproduct of criminal activity, therefore, the due process required by the Fifth Amendment is moot. Here, we come to a matter of interpretation of our contract with the government. The court assumes that the owner of the property has not been deprived of the property, even though the due process had been preceded by the confiscation of the property.

The Fifth Amendment:

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

So the complex legal question of whether you are deprived of your property when the officer takes it from you, or you are deprived of your property, which the officer deprived you of, only after the court finalizes the theft of your property. Thank God for attorneys because this is such a difficult  interpretation of the wording of the Fifth Amendment.

However, maybe there is another "presumed right", of which we have all been told the existence of. That being you are presumed innocent until proven guilty. If that is true within the American judicial system, then the presumption of innocence applies both to you and to your cash. How can "byproduct of criminal activity" be assumed if there is no crime with which to associate the activity?

Finally, in what country in the world have we ever heard that you can be presumed to be criminal if you have lawful, or legal, coin of the realm in your pocket?

Motor Vehicles

Did you ever wonder why the lender (lien holder) can reposes someone"s car, without a court order? Quite simply, the person who thinks he owns the car doesn"t really own it.

It starts when the car is bought. You fill out a neat little package of forms so that the dealer can take the package down to the Motor Vehicle Department (DMV) and get a temporary tag until the real tag arrives in your mailbox.

One, or more of the little cards that you fill out is called a "Power of Attorney". The Dealer takes the Power of Attorney and a piece of paper that he got when the car was delivered from the manufacture. That piece of paper is known as the Manufacture"s Statement of Origin (MSO). You could say that it is the "birth certificate" for the automobile. When the dealer takes your Power of Attorney and the MSO, and, of course, some of your money, to the DMV, he asks them, under the authority of the Power of Attorney , to make the automobile a motor vehicle. The DMV will then issue a Certificate of Title. Now, this is where it begins to get interesting.

Let"s go to Black"s Law Dictionary (5th Edition) to see how your car becomes a vehicle:

"Certificate of title. See Insurance (Title insurance)" [page 206]

It seems rather strange to have to look under " insurance" for " certificate of title" , but, let"s try it:

Insurance **** {page 721][deep into the many paragraphs, we find:]

Title insurance. Insurance against loss or damage resulting from defects or failure of title to a particular parcel of reality, or from enforcement of liens existing against it at the time of insurance. This form of insurance is taken out by the purchaser of the property or one loaning money on mortgage, and is furnished by companies specially organized for the purpose, and which keep complete sets of abstracts or duplicates of the records, employ expert title-examiners, and prepare conveyances and transfers of all sorts. A " certificate of title" furnished by such a company is merely the formally expressed professional opinion of the company"s examiner that the title is complete and perfect (or otherwise, as stated), and the company is only liable for want of care, skill, or diligence on the part of its examiner.

So, what does that say? It says that the state, through the DMV, insures that the one loaning money is insured as to the title of the car. That is the lien holder, not you. Until the lien holder is removed from the title, it is their car. It also makes it commercial, it is being insured as a "motor vehicle".

So, what is a "motor vehicle"?  For this, we have to go to the US Code, TITLE 18 - CRIMES AND CRIMINAL PROCEDURE, Section 31. Definitions. There, we find:

" Motor vehicle" means every description of carriage or other contrivance propelled or drawn by mechanical power and used for commercial purposes on the highways in the transportation of passengers, passengers and property, or property or cargo

and,

" Used for commercial purposes" means the carriage of persons or property for any fare, fee, rate, charge or other consideration, or directly or indirectly in connection with any business, or other undertaking intended for profit

So, by getting a Certificate of Title, in exchange for a Manufacture"s Statement of Origin, you end up with a commercial vehicle that belongs to the lien holder, not you. And, you paid for it.

Since it belongs to them, they can take it, if you have breached the contract.

To make this charade as effective as possible, everybody keeps very quiet about it. So, unless you pay cash for a new car, and, ask for the MSO, you can expect to drive a commercial "motor vehicle" rather than a car.

Home  Building Permits

Did you ever wonder why, in a free country, you had to get a building permit to build a home? Even if you want to add a room, you must get a building permit.

Imagine, if you will, a covered wagon travelling across the vast plains of the Midwest, venturing out to California or Oregon, in search of a new life. They arrive as the winter snows begin to fall. They have been living out of their wagon for the past eight months, and are anxious to begin their new home.

As the father is cutting down trees, preparing them for cabin logs, a stranger walks up and says, "Sir, where is your building permit? You will need to have plans prepared by an architect. You will, if you want indoor plumbing, the work will have to be performed by a licensed plumber. Then, you will need a septic tank, so you will have to get a soil engineer"s certificate of suitability of the soil for the septic tank. Thank God, there was no electricity, then.

Surely, they would have repacked their wagon and reversed their trek.

Under the guise of "for your own protection", agencies have grown out of the woodwork to assure that you don"t endanger yourself by building a home of sod, logs, dirt, or even bricks.

Back in 1968, a Vietnam Veteran found an old house, in the hills south of Watsonville, California. The "Condemned" sign was still hanging on the door. He looked in the tax assessor"s roll and found the owner, who lived in Southern California. He called them, made an appointment, visited them and left with an agreement to buy the house and property.

Back at the house, he replaced fallen plaster with sheetrock, dozens of broken windows, water heater, submersible well pump, cleaned the cistern for water storage, sanded and varnished floors, painted or papered walls, and rewired some of the electrical system, which had been installed in the house long after it was first built in 1929.

Being otherwise self-sufficient, he needed only to get the electricity turn on to make the now restored house a home.

He called the electric company and told them that he needed to get the electricity turned on. When the man arrived to turn the electricity on, he asked for the building permit. The Veteran said, "I don"t have a building permit. I"ve only restored that which was."

"Well, do you have anything from the electrician who did the work?"

"I"m not an electrician, but I did the work."

"Well, you are supposed to have a building permit and it is supposed to be signed off by a certified electrician." As the electric company man was saying this, he was looking in the master electric panel. He then said, "Well, the work looks good, and, since you are going to be living here, I"ll go ahead and turn the electricity on." which he did.

It seemed that there was a commercial tie to getting electricity in a house. Building permit, certified electrician, all of this just so he could turn his lights on? Would the government rather he live without electricity -- for his own safety?

So, how does this work? Well, if you contract any portion of the house to be built by someone else, the state has "regulated" their trade -- for your safety. In that regulation, they have told him that he will lose his license if he does work without the proper permits.

Then, they tell all of the utility companies that they have to ascertain that there was a building permit and that any work performed under the permit has to have been done, and signed off by a licensed professional, or the utility services cannot be turned on -- or, the utility company will lose its license.

As with Prohibition, the government cannot act on us, but can act on commercial entities. Once you have submitted an application for the building permit (remember Ashwander), you are bound by the rules of that agency. You have "volunteered" to seek a benefit. And, you have been force to volunteer because the commercial enterprises have been coerced into participation of the game that denies you their services unless you have the permit.

To add insult to injury, once the Building Permit is completed and signed off, the agency acknowledges that you have improved your property, and increases, based upon your "admission", the value of the property tax assessment.



 Pro Deo et Constitutione – Libertas aut Mors
Semper Vigilans Fortis Paratus et Fidelis
Joseph F Barber- http://josephfreedomoranarchy.blogspot.com/


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