Parental Rights Termination in CA is Unconstitutional

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California Supreme Court

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Petition to the CA Supreme Court to set new case law in conformance with the US Constitution regarding parental rights termination

We the undersigned, are requesting the California Supreme Court grant a review for dependency case# DP012674.

This case is important in that it highlights the systematic abuse of dependency laws in the State of California by the Department of Children and Family Services and the lower Courts.

The PROPER FEDERAL LEGAL STANDARD OF PROOF required by the U.S. Constitution is clear and convincing evidence before a court may terminate a parent's rights (Santosky v. Kramer, supra, 455 U.S.).

Due process requires a higher standard of proof by clear and convincing evidence to be applied to the dependency court's final decision not to return a child to parental custody, either at the 12- or 18-month status review hearing. (see Cynthia D. v. Superior Court, 5 Cal. 4th 242).

Additionally, the existence of a successful relationship between a foster child and foster parent cannot be the sole basis for terminating parental rights or depriving the natural parent of custody in a dependency proceeding.

A child's interest in stability does not out-weight the parent's interests in the care and custody of the child.

%u201C"[A]t the point that the court is to hear a subsequent action for termination of parental rights, it is clear that the court may find that the child's interest in stability outweighs the parent's interest in the care and custody of the child." (Maj. opn., ante, at p. 425.) This statement suggests that a finding of parental unfitness is not required and that termination is to be determined by the child's best interests. This creates an inconsistency in the majority opinion. It is also wrong.%u201D In re. Jasmon O., 8 Cal. 4th 398, Dissenting Opinion.

Dependency proceedings are becoming more and more a %u201Cconveyor belt%u201D leading to the termination of parental rights. Even in the face of compelling evidence that the parent is no longer fit, has complied with all aspects of his/her case plan, and has maintained regular contact with his/her child and there exists a strong loving bond, the Court will STILL terminate the parent's rights simply because the parent has not received the blessings of the DCFS and/or the court does not %u201Cthink%u201D it is in the %u201Cbest interest of the child at this point.%u201D

The situation is particularly aggravated by the fact that the State is not so much acting in the best interest of the child as was presumed when the California Dependency Laws were created, but the DCFS is equally if not more so motivated by federal and state monetary gains from adopting out children and they are clever at manipulating the system so that the parent is stuck in the system for a sufficient period of time to allow him/her to bond with his/her foster/adoptive family and allowing the parent's time to run out, often times refusing to allow the parent unmonitored visits and thereby denying the parent any chance to prove they are capable of caring for their child. Furthermore, the Department has full time Counsel representation who knows the loopholes and %u201Cbuzzwords%u201D to win a case even in the absence of real supporting evidence. Trial Courts and even Courts of Appeals are no longer siding with the parent and the balance is now so tilted against the family that any parent who enters the system now is at the complete mercy of the DCFS and if their child is adoptable, it is a sure guarantee he will be!

We the undersigned are asking this Honorable Court to set a precedence and put an end to this NOW before any more irreparable damage is created to this country.

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We signed the "Parental Rights Termination in CA is Unconstitutional" petition!

# 66:

5:05 am PDT, Aug 21, Deena Brown, California

# 65:

10:00 am PDT, Jul 14, Angela Gonzalez, California
I, am also a citizen whom has had her rights violated and has been wrongfully terminated and am in now in due process to file a petition for an appeal to be able to get granted a second chance to be able to have my reunification services....the department has done nothing but robbed me and my 7 children of our most important bonding times in our lives and need help with my case...thank you....anyone with any information which may help my case can contact me at e-mail address: a.gonzalez2877@yahoo.com...once again thank you for your time and help.

# 64:

6:55 pm PDT, May 30, Angelita Talamantez, California

# 63:

11:46 am PDT, May 26, Felix Wu, California

# 62:

1:38 am PDT, May 20, Brandy Beard, California
My 3 children were taken on December 31, 2008. I have completed all of the case plane requirements and the Social worker still wants to take away my parental rights. I just don't understand, all 3 of my children tell the social worker that they want to come home. The social worker does not send bus passes ever on time she lies on her reports to the court. She has been my social worker for over 1 year and she has never been there at any of the visit with me and my children, yet she says I am unfit. How in the world can she determin that if she has not even been there to see the interaction between me and my kids? My children are suffering far more by the Social Service Agency, my children have not seen each other in four months which is damaging the bonds that they have as siblings. The way Social Services works is absolutely cruel. There really needs to been some changes made to the way the Social Service agency operates because there are so many inocent families being severly damaged and emotionally abused by the Social Service Agencies and Social Workers.

# 61:

10:35 pm PDT, May 12, Christopher Alexander, Arizona
To whom it may concern: Hi my name is Christopher Thomas Alexander and I have a problem you might be able to help me with. See my problem is with C.P.S they took my son in November for a bogus reason. The reason is because i am with Judy how has an open C.P.S case and how has Bi-polar. They say she is a threat but i do not see her as a threat and for that they say i am unfit to parent see they got a call in October about me leaving my son alone with her and we asked her case worker if that was a problem and he said no. See Judy has Three kids her first two kids where taken for what I see as bogus reasons and she relinquished her rights to her older daughters because she did not feel she could provide for them at that time and she thought she was doing the right thing as she was not stable enough to support them. Then a year after that case was closed she had her son and C.P.S removed him at the hospital for no reason when she was told she would be able to take him home but on the day of them going home C.P.S came in and took him. Then we met and started dating i have seen her with kids and do not see her as a threat as C.P.S does. I had a Safety plan approved with C.P.S that my parents would check on Judy and my son when I was at work but then my parents had to move to Kentucky to help take care of my Grandparents so me and my parents set up another safety plan where other people would check on Judy and my son when i was at work but C.P.S did not want th hear about it and removed him from my care saying I was unfit because i do not see Judy as a threat. now C.P.S is allowing my son to move to phoenix with them and i lose my visits with him that are everyday now they will be ever other weekend instead of returning him to me and just starting another safety plan because they say i will not follow it when i was following the first one. I have done everything they have asked no matter how stupid it sounded and they are doing this to me. I mean my son has lost his mother a year ago to complications to a double lung transplant in January 2008 and now they are taking his father to and saying that it is better for him this way and i do not see that way. I see this as ruining his life even further. If you can not help can you please forward this to people that can and run this in your paper because what is happening to me is ruining my life and my wifes life.Our youngest child was just born on Mother Day May 10th 2009 and now cps wants to take her too for more bogus reasons. PLEASE HELP ME I WANT MY KIDS BACK AND C.P.S OUT OF MY LIFE. Thank you, Christopher Thomas Alexander My number is (520)445-2582 if you have any questions.

# 60:

7:22 pm PDT, May 11, Diane Long, Iowa
IF the goal in your case is still reunification you need to find out what the laws are in your state for tape recording a conversation. If you are a one-party state then don't tell the case worker you are recording, If not tell her it is just to aide you in your memory! Call her up and set up a time when you two can talk, ask her what you need to do to get her to return your children, ask her what else she would approve of you doing to get her to return your children, ask her who would be responsible for saying you were successful in what ever she suggest you do, how will you be graded/whatever, who can override her, what reasons they would give, and once you have successfully done this ask her how long after will you return my childre. You then write her a letter to "recap" your conversation and give her 10 days to confirm/dispute your "take" on the convo. Now you have her committed and a way of calling her out when she does'nt follow through. Get into touch with AFRA Helpline online, or email me at mpo2624@yahoo.com for help with the letter or more info. Also please sign http://www.thepetitionsite.com/1/return-my-children

# 59:

4:34 pm PDT, May 7, Joanne Goldsmith, Kentucky
This same crime is happening here in Kentucky. We call it the.."Quick trigger adoptions". The Office Inspector General came out with a 96 page report in Jan 2007. This is nationwide. Stop stealing our babies!

# 58:

11:41 am PDT, Apr 30, Trina Covarrubias, California
I have witnessed first hand the corruption in our Juvenile Court system. As they took away my 6 beautiful children from my care and custody. Took them from one of the most dedicated mothers Ive ever run across (myself) Im sorry, dont mean to exalt myself, I just know (and God does too) just how much the kids He blessed me with, mean to me. As long as I have the breath of life in me, I will not stop fighting for ALL kids!!!! Not just mine. I think its very important to point out that before bitterness and hatred consume parents and grandparents, that you all can ask the Holy Spirit to put forgiveness in your heart for all the people involved here. Judges, Lawyers, Counselours, Social Workers (that support the agenda of wrongfully removing and KEEPING these precious children of ours. Ive always taught my kids the bible, spoke about God, took them to church, but more importantly, tried to LEAD BY EXAMPLE. I feel that is thee MOST important legacy I could leave my children. My hope & prayer to God is that someday they (my kids) can see, acknowledge, and understand that. That they will grow up to be mighty warriors for Christ. Like Job, I still trust in God. He doesnt make mistakes. I might but He does not. "THANK YOU FATHER FOR ALLOWING ME TO GO THROUGH THIS TRIAL" God bless you all and remember who is mighter than the "system" Remember to worship the Creator, not the creation. Gods Word IS the final authority. Lets see how He is going to glorify Himself thru this.

# 57:

12:26 pm PDT, Apr 24, Kelsey Dodson, Oklahoma
Hello my name is Kelsey and I just recently have gone through the most dramatic and painful thing anyone could ever imagine I am 21yrs old and a mother of 2... Just last july there was an accident and something going wrong with my newest baby Marile. I ended up taking her to the hospital only to find out that she had traumatic head injuries... Later on that day my boyfriend her father and more family came to the childrens hospital in tulsa OK. DHS shows up and quickly interviews me... disregaurding the fact that her father was there also and would be eaqual to question him as well...to make this short CPS and everyone else involved did the shottiest work ever. I ended up relinquishing my rights to marlie so that i could still retain my rights to my oldest child.. to them that makes me look guilty....i myself am a victim and this needs to me stopped i am now going to jury trial to be convicted of child abuse and neglect which I DID NOT COMMIT! It does not make sense to terminate your rights to your children before you are ever convicted of the crime.

# 56:

1:10 am PDT, Apr 9, Aaron Dixon, California

# 55:

6:23 pm PDT, Apr 7, Deanna Montante, California

# 54:

8:38 pm PDT, Mar 30, Heidi Owens, Arkansas
i know that feeling .if your poor single young.watch out.its been 14 year since my boys were kidnapp from me.and in my paper if for any reason my aunt did noty adopt my youngest i would restated never happen.anybody can call and lie.it doesnt matter.even if you finish everything doesnt matter god bless i hope it get reform soon.or even poor sole will not have child. too many people play god

# 53:

4:18 am PDT, Mar 30, Ari R. Kolman, Canada
Of course because their so #$%^&*$%^&((up those sickos in the sepreme court.. This is Another Disgusting Example of Undemocratic Government & Big Business Corruption, wasteful spending, discrimination and Crimes against Humanity!!�. AS WELL AS GOVERNMENTS TAKING FROM THE POOR AND GIVING TO THE RICH AND THEMSELVES. Ridiculous Unconstitutional Pork barrel Policy Twisting Environmental Hazard Oil Fanatics!! We Will All Distribute your idiotic to Big Media and Start Letting those �Useless Talking Heads on TV News� know what�s really worth reporting to the world� And they will Report it as we will also through our blogs.. � � I�m sickened and disgusted. I�m sickened and disgusted. I�m sickened and disgusted. I�m sickened and disgusted. I�m sickened and disgusted. I�m sickened and disgusted. I�m sickened and disgusted. I�m sickened and disgusted. I�m sickened and disgusted. . I Beg all Intelligent and Responsible People to Please Stop Letting This Happen STILL.. Disgusting Asses!! Shutting our voices down!! Tearing your families apart. WE MUST FIGHT THIS LOUD AND SCREAM WITH CRIES!!!! They make me sick!!!!

# 52:

3:54 am PDT, Mar 15, Name not displayed, California

# 51:

8:55 am PDT, Mar 11, Lisa Sanderson, California
Superior court justices are just as corrupt as CPS! Not everyone who enters the system deserves to have their parental rights terminated. STOP ASFA!

# 50:

3:02 am PDT, Mar 11, JAMES MARTIN, California
The juvenile courts are biased in favor of the county. Children are being kidnapped for money. The county is NOT acting in the best interest of the child as they are supposed to do,

# 49:

10:16 pm PDT, Mar 10, Loving Parents, California
DCFS JUST TOOK MY TWO CHILDREN AWAY DUE TO AN EMERGENT SITUATION MY SON HAD AT THE NANNYS HOUSE.EVERYDAY THE NANNY HAS MY KIDS AT HER HOUSE.BUT THEY BLAME MY SONS CONDITION ON US PARENTS AND ACCUSED US OF CHILD ABUSE.THEY BELIEVED THE NANNY WHO FABRICATED A LOT OF STORIES TO REDIRECT THE BLAME ON US AND DCFS ALSO FABRICATED STORIES AGAINTS US TO MAKE US LOOK GUILTY.THEY BANNED US FROM THE HOSPITAL...AND SO MANY MORE HUMILIATING AND UNACEPTABLE THINGS THAY DO TO US. SHAME ON THEM ...FOR THEM ITS JUST A JOB.. BUT FOR US THIS OUR LIVES AND DCFS NOT DOING THEIR JOB RIGHT RUIN OUR AND OUR CHILDREN'S LIVES..ENOUGH IS ENOUGH!

# 48:

10:44 am PDT, Mar 10, Name not displayed, Michigan
My 16 yr old daughter was snatched from school on a Friday afternoon while I was at work. All the things I have been reading on fight CPS is absolutely true. My daughter was not abused, abandoned or neglected. Do not talk to CPS or Police; get a lawyer immediately when initially contacted by CPS. Call your state representatives! Let them know what is going on. They need your vote more than the state needs your child.

# 47:

1:50 am PST, Mar 7, Andrew Smith, California
This is becoming a DISGUSTING country! Even the justices in the Appeals courts don't care to stand up for the parents anymore! I've never heard of such a thing in any other country in this world. I'm ashamed to be a citizen of this country.

# 46:

9:17 am PST, Mar 6, Geri Musick, Illinois
Even Good parents make bad judgements. Why do they get punished but the Agencies that make bad judgements don't even get a slap on the wrist. It's Time For A Change - REFORM DCFS http://www.care2.com/c2c/group/CHANGE_REFORM

# 45:

10:00 pm PST, Mar 3, Mary Madison, California
I used to work as a social worker. We were discouraged from giving unmonitored visits or extended visits. We were told that parents who let their children enter the system are unfit and should not get their children back.

# 44:

3:55 pm PST, Mar 2, Name not displayed, California

# 43:

3:06 am PST, Mar 2, Name not displayed, Texas
I was accused of medical neglect b/c the Children's Medical Center refuses to cast any child's arm until 2 weeks after the break. My child was at day care when the break happened. CPS was on the day care by the hospital as required.. only cps didn't do anything to them they came after me! Even after verified through Children's that they could not cast it CPS still would not stop! That was 2 years ago. Now they are still looking for us! The only thing you can do is to keep moving! You are guilty until proven innocent- and even then in to CPS you are guilty! Please make it stop! It's so bad I won't even put my real name on anything anymore!

# 41:

5:53 pm PST, Feb 28, Charleen McKeon, California
Anytime an agency can recommend termination of parental rights without EVER meeting the parents it is a violation of everything that is human and American where you are suppossed to be innocent until proven guilty. They made $172,000 of tax payer money abusing my family and proving to my children that there is no honesty or integrity to government employees or elected officials.

# 42:

# 40:

10:32 am PST, Feb 27, Alan Haggard, California

# 39:

11:06 pm PST, Feb 25, Erin Bauer, Virginia

# 38:

5:53 am PST, Feb 25, Dirk Albrecht, Missouri
I am writing in regards to the injustice I have read(evidence) and the personal accounts of people that have been victims of our "Family Service Dept.". We need an overhaul of these Depts. with a STIMULOUS of qualified people.

# 37:

8:38 pm PST, Feb 24, Lena Theresa Williams, Utah
I lost my rights in a joke of a court. I was given a drunk/junkie for an attorney& the judge couldn't remember what he was doing most of the time.

# 36:

2:17 pm PST, Feb 24, Lanette Avery, Colorado
SOMEONE NEEDS TO STAND UP FOR ALL OF US GOOD PARENTS THAT ARE LOSING OUR CHILDREN TO THE STATE, AND ALL OF YOU ARE TURNING YOUR HEADS AND NOT CARING. STAND UP AND STAND UP FOR OUR KIDS.

# 35:

1:14 pm PST, Feb 24, Joseph Paul, California

# 34:

10:01 am PST, Feb 24, Janet Sheldon, Missouri
My great-grandchildren were taken away from a loving and caring mother and the court allowed them to be placed permanently in an abusive home in spite of the children's own wishes and testimony about the home's abusive conduct. Destroying families and family ties are wrong.

# 33:

9:45 am PST, Feb 24, Justina Young, California

# 32:

9:21 am PST, Feb 24, Aimee Hankins, Missouri
My "case" is out of Arkansas Please Marion Berry Help The people in your region in Arkansas. Thank You for getting me a phone call from The DHS . However my son Devin is still in Captivity. Aimee

# 31:

7:54 am PST, Feb 24, Name not displayed, Minnesota

# 29:

6:44 am PST, Feb 24, Melanie Miller, Pennsylvania

# 28:

6:27 am PST, Feb 24, Susan Fretwell, Colorado
Child Protective Services must be abolished everywhere. The funds used for investigations/witch hunts should be used to help feed the hungry & help the sick. These communists want kids to be property of the state & pimped out to foster homes leaving NON ABUSIVE parents with NO rights!

# 27:

8:56 pm PST, Feb 23, Pam Boland, Georgia

# 26:

5:01 pm PST, Feb 23, Name not displayed, California
Rules of these Kangaroo courts include the following human rights abuses, as well as constitutional rights abuses. 1) Hearsay from unsworn witnesses, in unrelated and unfounded cases is allowed. This is a blatant violation of due process and allows the case to be biased against you without any attempt at a fair and impartial hearing. This happens in every case where previous allegations were made, whether they were founded or not. 2) Auto inclusion into the DOJ's CACI database prior to any process, whether it be fair or not. This has been ruled by the US Supreme Court as unconstitutional and prejudicial when it is allowed into the defendants trial in any way. 3) Social Workers can and do make stuff up out of thin air, and get away with it without fear of prosecution. If apprised of thios or if you resist the "plan" you can be punished severely. 4) A Blatant anti-parent, pro-social worker bias is evident in both the weighing of testimony, and the forbearance of exaggerations and half truths. 5) Even if you haven't struck your child or harmed them, you can lose them for what you might have SAID, with no corroborating proof required. This violates the "man's home is his castle" principal gauranteed as well as your first amendment rights to free speech in our constitution, and allows for the punishment to not fit the crime at all. This is a parental death sentence. And you dont have to do much of anything wrong at ALL. Your child just needs to rebel and lash out at you.

# 25:

6:01 am PST, Feb 23, Susie Marcos, California
Courts are denying parents their due process! The unnecessary termination of parental rights needs to STOP NOW!

# 24:

5:28 am PST, Feb 23, Lynda Harding, United Kingdom

# 23:

2:42 am PST, Feb 23, Elissa Macgregor, California

# 22:

2:11 am PST, Feb 23, Steve Klein, Canada

# 21:

9:14 pm PST, Feb 22, Gerald Wright, California

# 20:

8:26 pm PST, Feb 22, Lisa Gordon, California

# 19:

8:23 pm PST, Feb 22, Greg Smart Sr., California

# 18:

5:54 pm PST, Feb 22, Name not displayed, California

# 17:

4:26 pm PST, Feb 22, Name not displayed, New York

# 16:

4:13 pm PST, Feb 22, Chum R, Canada

# 15:

3:43 pm PST, Feb 22, Steve Dale, Australia

# 14:

1:05 pm PST, Feb 22, Mike Downs, Missouri

# 13:

10:50 am PST, Feb 22, Susan Purtee, Ohio

# 12:

9:47 am PST, Feb 22, Mieke Bernaards, Belgium

# 11:

9:24 am PST, Feb 22, Poet Dancer, Singapore
Why should the government ... any government, have the right to dictate parents how they should raise their children? I believe that every parent should be able to bring up their children as each deems fit, and according to their customs and traditions. What might be right for John, might not be right for Aziz. Please show some respect to parents and give them credit for doing the best they know how. Children do not come with instruction booklets, but we can try and do our best to teach them right from wrong :)

# 10:

7:57 am PST, Feb 22, Jacklyn Barton, Missouri
Family Court is not a court of due process because family court was not listed in the amendments of the constitution, only juvenile and family courts are listed in the constitution and this is why California family court Judge's such as (David B. Oberholtzer) say they do not allow due process, (cross examination & evidence) in their courts. Family court is a new court which came about in most states in 1950's & 1960's prior to this the existence and need of a divorce court was not necessary as parents almost never divorced. Divorces before the 50's and 60's were held in a civil court room & it needs to go back to a civil court room as family court is behind closed doors where judicial civil rights crimes happen in nearly every case.

# 9:

4:49 am PST, Feb 22, Bill C, Germany

# 8:

1:48 am PST, Feb 22, Toni Sokoloski, Massachusetts

# 7:

12:50 am PST, Feb 22, Michelle Lee, New Hampshire
Parental Rights in NH. is as well!!! These are our children! THIS IS AMERICA! and again THESE CHILDREN AND PARENTS SHOULD HAVE MORE RIGHTS TO EACH OTHER!!!

# 6:

7:54 pm PST, Feb 21, Josefina Perez, Florida
The terminating of parential rights and the methods used to achieve this goal are in-humane, and unconstitutional. How we as humans have allowed this ongoing practice is life, as it were during the dark ages. Although, man has acheived a level of intelligence which is the greatest of accomplishments, his heart remains in the spirit of darkness of the ancient past of his long forgotten forefathers.

# 5:

7:37 pm PST, Feb 21, CHRISTINA ILLSLEY, Montana

# 4:

5:04 pm PST, Feb 21, Kathleen Dearinger, California
CPS kidnapped my daughter and performed negative therapy. They alienated her and use NAZI tactics on both of us. She wasn't abused or neglected so there must be a reason they are collecting children.

# 3:

4:44 pm PST, Feb 21, Elizabeth Gomez, California

# 2:

4:13 pm PST, Feb 21, Niveen Ismail, California

# 1:

4:11 pm PST, Feb 21, Ann Leon, California

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