Amdt5.4.5.6.2 – Parental and Children’s Rights
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.
In a case involving a state proceeding to terminate the parental rights of an indigent without providing her counsel, the Court recognized the parent’s interest as “an extremely important one.” The Court, however, also noted the state’s strong interest in protecting the welfare of children. Thus, as the interest in correct fact-finding was strong on both sides, the proceeding was relatively simple, no features were present raising a risk of criminal liability, no expert witnesses were present, and no “specially troublesome” substantive or procedural issues had been raised, the litigant did not have a right to appointed counsel.1 In other due process cases involving parental rights, the Court has held that due process requires special state attention to parental rights.2 Thus, it would appear likely that in other parental right cases, a right to appointed counsel could be established.
- Footnotes
- 1
- 452 U.S. at 27–31. The decision was a five-to-four, with Justices Stewart, White, Powell, and Rehnquist and Chief Justice Burger in the majority, and Justices Blackmun, Brennan, Marshall, and Stevens in dissent. Id. at 35, 59.
- 2
- See, e.g., Little v. Streater, 452 U.S. 1 (1981) (indigent entitled to state-funded blood testing in a paternity action the state required to be instituted); Santosky v. Kramer, 455 U.S. 745 (1982) (imposition of higher standard of proof in case involving state termination of parental rights).
cited https://www.law.cornell.edu/constitution-conan/amendment-5/parental-and-childrens-rights
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We also have the Amdt5.4.5.6.2 – Parental and Children’s Rights 5th Amendment this CODE PROTECTS all US CITIZENS
We also have the 9.32 – Interference with Parent / Child Relationship – 14th Amendment this CODE PROTECTS all US CITIZENS
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California Civil Code Section 52.1 Interference with exercise or enjoyment of individual rights
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RELATIONSHIPWITH YOURCHILDREN& YOURCONSTITUIONAL RIGHT$ + RULING$
YOU CANNOT GET BACK TIME BUT YOU CAN HIT THOSE PUNKS WHERE THEY WILL FEEL YOU = THEIR BANK
We also have the 9.3 Section 1983 Claim Against Defendant as (Individuals) — 14th Amendment thisCODE PROTECTS all US CITIZENS
We also have the Amdt5.4.5.6.2 – Parental and Children’s Rights 5th Amendment thisCODE PROTECTS all US CITIZENS
We also have the 9.32 – Interference with Parent / Child Relationship – 14th Amendment thisCODE PROTECTS all US CITIZENS
We also have the California Civil Code Section 52.1Interference with exercise or enjoyment of individual rights
We also have the Parent’s Rights & Children’s Bill of RightsSCOTUS RULINGS FOR YOUR PARENT RIGHTS
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CACI No. 1501 – Wrongful Use of Civil Proceedings
Penal Code “995 Motions” in California – Motion to Dismiss
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