There are many reasons why a mother can lose custody of her child or children, and all of them are serious grounds. However, these allegations are not taken lightly, and the burden of proof lies in the party seeking custody reversal.

Still, some mothers have had their custodial rights revoked because they made the mistake of committing any of these transgressions.

1. Child abuse 

A mother who is proven to have physically and or psychologically abused her children is highly likely to lose custody of her children. Examples of physical abuse include hitting, kicking, scratching, biting, burning, physical torture, sexual abuse, or any other type of injury inflicted on the child by the mother.

Psychological, emotional, or verbal abuse is usually manifested in many ways, including the following:

• Rejecting the child or making them feel worthless or useless
• Demeaning, ridiculing, humiliating the child
• Terrorizing a child through threats of physical violence, destruction of their possessions, or abandonment
• Isolating a child or preventing them from socializing with others
• Exploiting, manipulating, or corrupting a child or encouraging them to engage in deviant or inappropriate behavior
• Ignoring or being indifferent to the child

Note that even if a child is unable to articulate the psychological abuse, child psychologists, social workers, and other experts also look for social and behavioral signs of abuse. These include problems in school, sleep and or eating disorders, depression, anxiety, anger management problems, and rebellious behavior.

When the court receives sufficient evidence of a mother’s abusive conduct, it is authorized to change current custody arrangements if doing so will be in the children’s best interests.

2. Violence at home

If it is reported that the mother is abusing other members of the household (not the children), she can still lose her custodial rights.

Domestic violence is not something children should be exposed to, as this can harm their psychological development. Moreover, domestic abuse can escalate anytime, thereby exposing the children to potential harm. So if the mother is proven to engage in such abuse, she can have her custody revoked.

3. Fabricating lies about abuse

A mother making false allegations of abuse against the other parent can lose custody if it is proven that the accusations are all fabricated. It will be much worse if it is discovered that she used her children to deceive whoever has investigated her allegations, as well as the lawyers and the court. This could lead to not only the loss of a mother’s right to custody but also visitation rights.

4. Serious neglect

Neglecting to provide the basic needs of your child, including access to health and education, is also a ground your ex can use to reverse the court’s decision to grant you custody.

Child neglect is actually a form of abuse, and it encompasses other things like:

• Not providing shelter
• Not keeping your child clean and well-groomed
• Not supervising your child
• Not taking your child to important scheduled appointments

Children who are left to their own devices become unduly exposed to danger or threats to their safety. They can contract a disease and are also at a higher risk of developing mental illness.

Here, you need to remember that minor or rare infractions, such as being late to pick the children up from school or not being able to keep a routine doctor’s appointment, won’t automatically lead you to lose custody. These things can happen to anyone, and the court understands this. Long-term, consistent neglect is something else, and if it threatens your children’s well-being, the court can intervene.

5. Severe mental health issues

Mothers (or parents in general) who have mental health issues are not automatically disqualified from having custody of their children. However, according to Mental Health America: “Custody loss rates for parents with mental illness range as high as 70-80 percent, and a higher proportion of parents with serious mental illnesses lose custody of their children than parents without mental illness.”

Then again, the other parent needs to provide the court sufficient proof showing that the mother’s mental state or psychological issues compromise the safety of their children. Also, since matters like these are sensitive and grave, the court may require parents to undergo psychological testing, as well as counseling and interviews by experts, before making any decision.

6. Drug and alcohol abuse

A mother who is proven to have demonstrated a dependency on prohibited substances or drugs and or alcohol runs the risk of getting her custody and visitation rights revoked. If a mother has these addictions, it puts to question her fitness and ability to care for their children. Moreover, children of drug addicts and or alcoholics have a higher risk of suffering from neglect, being abused, and imitating their parent’s behavior by picking up similar bad habits.

If a mother is suspected of substance abuse, the courts might require her to undergo drug testing. Although failing a drug test may not automatically rescind her custodial rights, it would likely influence the court’s final decision.

7. Parental alienation

In California, children are encouraged by law to have regular and frequent contact with both their parents in a process called co-parenting. In such cases where parents share visitation and custody rights, they are legally bound to follow the custody arrangement.

Mothers who attempt to damage the image of their ex-partner or co-parent, or who physically withhold the kids from the other parent are guilty of parental alienation.

Making derogatory or degrading comments about their co-parent to turn the children against the other parent is simply unacceptable behavior. A mother who makes a habit of setting important appointments or trips that lead to the father not being with his children on their scheduled time together can also be accused of causing parental alienation.

If the father keeps detailed notes of those instances where the mother finds ways to sabotage his supposed time together with their children, these can be used as evidence against her. So, mothers (or fathers) guilty of committing these things could have their visitation and custodial rights limited.

8. Failure to commit to parental responsibilities

A mother could have her children’s welfare at heart and may genuinely want to raise her children. However, if she is always away (even on business), working multiple jobs, in military service, or engaged in anything that takes away precious time from her children, it can put her custodial rights at risk.

A father in a custody battle can use this as a weapon against the mother to gain custody of their children. Since family courts are primarily concerned with ensuring the children’s interests are protected, they would prefer to award or transfer custody to the parent who will be there for the kids.

Therefore, if you are in a similar situation, you need to speak to an attorney and make changes to your lifestyle or work arrangements. Do this before things get out of hand and your custody gets challenged.

9. Court order violations

A mother can violate a court order in different ways, and the consequence of any violation can lead to the withholding of her custodial rights. Such violations can be in the form of abuse and neglect of the children.

If the court orders a shared custody agreement where she and her co-parent have equal custody and visitation rights, and she fails to comply or interferes with the parenting time, she is considered to be in violation of the court order.

When a mother exhibits nonconforming behavior or shows herself to be unfit to care for and protect her children, she may lose whatever custodial and visitation rights she has.

Tips to Strengthen Your Case

As a mother who has fought hard to keep her children with her, you need to ensure you are not guilty of any of the aforementioned grounds that could lead you to lose custody. However, being an exemplary mother does not mean you’ll be immune from your ex’s attempts to fight for custody.

Good thing, though, the burden of proof is on him. And if he is fighting for custody out of spite, he may end up sabotaging his own claims and helping you build your case.

To ensure you are armed with important knowledge, be aware of these factors that can weaken the other parent’s case against you during a custody battle:

• Being overly emotional or violent. If your children’s father repeatedly hurls insults or engages in angry tirades against you, or worse, is unable to control his anger during proceedings when he files a custody claim, he’ll be doing himself more damage. If you keep a record of these outbursts and you have witnesses to back you up, the court would question his fitness to be a parent. This can weaken his case against you significantly.
• Repeatedly filing complaints. Your ex could resort to filing cases against you just to stress you, disrupt your life, or generally make a nuisance of himself. However, this won’t be lost on the police or the courts, as investigations will be conducted whenever he files a case. If all the cases he files end up getting dismissed for lack of evidence, it could erode your ex’s credibility.
• Not being able to provide sufficient proof to back his claims. Again, challenges to custody arrangements require the one making a claim to provide adequate evidence. If your ex is repeatedly unable to provide the necessary documents, police or court reports, or to file the paperwork needed to show the legitimacy of his claims, the court could just ignore his request.

However, you should never underestimate your ex and must be prepared to defend your right to custody. This is why it is important to have a legal advisor who can provide you the guidance you need.

Partnering with an experienced family lawyer can give you the confidence that someone is checking on the legitimacy of your ex’s claims and the soundness of the paperwork they are providing the court, if it ever comes to that.

Don’t Lose Custody of Your Children

Even if you have gained custody of your children, it doesn’t mean that the court decision that favors you is irreversible. Therefore, it is important for you to never commit any of the mistakes mothers who’ve lost custody have made. And even then, nothing can stop a spiteful, determined ex from attempting to gain custody of your children.

However, if you’ve been doing your utmost to be a good parent and you aren’t guilty of any type of abuse or neglect, then you are on the right side of the law.

If the father does make a claim and files a case, you need to be ready.

Therefore, you need to ensure you choose the right family lawyer who has experience in these kinds of cases, understands your situation, and can provide support and legal guidance throughout.

cited Heath Baker Law.

What are the top 6 reasons a mother can lose a custody battle?

First, there are two things you should know.

1. This article is about a mother’s serious misconduct that should cause her to lose custody. It is not about how a father should engage in unnecessary or unreasonable litigation conduct.
2. This is also for fathers who have the courage to litigate the child custody case. A goal without a plan is a wish. If you “wish” to make changes, but will not follow through to do it, you are wasting your time reading this article.

If you have the ability and courage to expose the mother’s misconduct in family court and make positive changes in your child’s life, you are in the right place.

 

Mother’s Physical Abuse of Child	Mother’s Physical Abuse of the Father	Mother’s Emotional Abuse of Child
Mother’s Neglect of Child’s Needs	Frustration of Father’s Custody	Mother’s Violation of Court Order
	Steps to Gain Sole Custody of a Child

https://youtu.be/326lMwMlbkk

Scotus Ruling for Parents

Quick Facts on Parental Involvement

• Children who have parental support are likely to have better health as adults.
• Students with involved parents tend to earn higher grades, have better social skills, and are more likely to graduate and go on to post-secondary education.
• Children are more likely to be socially competent and have better communication skills when they have parents who are sensitive to their needs and emotions.
• Teens who are monitored by their parents are one-quarter as likely as teens with “hands-off” parents to smoke, drink, and use drugs.

Parents play an irreplaceable role in the lives of their children. This vital relationship positively impacts a child’s physical, mental, and emotional well-being. The right of parents to maintain a strong involvement in their children’s lives has been continually upheld by Supreme Court doctrine. It is deeply valued by millions of American families. cited

Amdt 5.4.5.6.2 Parental and Children’s Rights – under 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.

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.

read another amendment section under the 14th amendment below

Amdt 9.32 Particular Rights – Fourteenth Amendment –  Interference with Parent / Child Relationship

RELATIONSHIP WITH YOUR CHILDREN & YOUR CONSTITUIONAL 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  this CODE PROTECTS all US CITIZENS

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

We also have the  California Civil Code Section 52.1 Interference with exercise or enjoyment of individual rights

We also have the Parent’s Rights & Children’s Bill of Rights SCOTUS RULINGS FOR YOUR PARENT RIGHTS

We also have the GrandParents Rights To Visit Family Law Packet including the FL-375 Form Needed to File

Children’s Bill of Rights During Splitting Up, Separation or Divorce

The biggest fear parents have during divorce is the impact it will have on their children.  Putting the needs and best interests of your children first during a divorce can look different for every family.

Even during a time of great stress and turmoil, parents have a responsibility and opportunity to truly support their children.  One way is to remember your child’s rights.

1. Your child has a right to love both of their parents.

2. Your child has a right to not to have to choose between their parents.

3. Your child has a right to not to have to listen to either parent talk badly about the other parent or his or her family.

4. Your child has a right to express feelings and have those feelings acknowledged by their parents.

5. Your child has a right to have contact with both parents at appropriate times, regardless of the parenting schedule.

6. Your child has the right to have their things at both parents’ homes and have it acknowledged that they child have two homes, regardless of how much time they spend at each.

We know you want to be the best parent you can be during your divorce.  Keeping the above rights of your child in mind during the divorce process can help your actions be aligned with your intentions when the going gets tough.

If your child is of appropriate age (generally ages 8 and up), we encourage you to discuss these rights with your child to create an environment in your home that fosters open and honest communication and to support your child through this transition. cited https://koenigdunne.com/childrens-bill-of-rights-during-divorce/

“…It is a Fundamental Constitutional Right.”

In 2000, the Supreme Court cited a long train of previous cases which showed that the right of parents to direct the education and upbringing of their children is a fundamental right. The following passage, taken from Troxel v. Granville, highlights the rich history of this fundamental right:

In subsequent cases also, we have recognized the fundamental right of parents to make decisions concerning the care, custody, and control of their children. See, e.g., Stanley v. Illinois, 405 U.S. 645, 651, 92 S.Ct. 1208, 31 L.Ed.2d 551 (1972) (“It is plain that the interest of a parent in the companionship, care, custody, and management of his or her children ‘come[s] to this Court with a momentum for respect lacking when appeal is made to liberties which derive merely from shifting economic arrangements'” (citation omitted)); Wisconsin v. Yoder, 406 U.S. 205, 232, 92 S.Ct. 1526, 32 L.Ed.2d 15 (1972) (“The history and culture of Western civilization reflect a strong tradition of parental concern for the nurture and upbringing of their children. This primary role of the parents in the upbringing of their children is now established beyond debate as an enduring American tradition”); Quilloin v. Walcott, 434 U.S. 246, 255, 98 S.Ct. 549, 54 L.Ed.2d 511 (1978) (“We have recognized on numerous occasions that the relationship between parent and child is constitutionally protected”); Parham v. J. R., 442 U.S. 584, 602, 99 S.Ct. 2493, 61 L.Ed.2d 101 (1979) ( “Our jurisprudence historically has reflected Western civilization concepts of the family as a unit with broad parental authority over minor children. Our cases have consistently followed that course”); Santosky v. Kramer, 455 U.S. 745, 753, 102 S.Ct. 1388, 71 L.Ed.2d 599 (1982) (discussing “[t]he fundamental liberty interest of natural parents in the care, custody, and management of their child”); Glucksberg, supra, at 720, 117 S.Ct. 2258 (“In a long line of cases, we have held that, in addition to the specific freedoms protected by the Bill of Rights, the ‘liberty’ specially protected by the Due Process Clause includes the right … to direct the education and upbringing of one’s children” (citing Meyer and Pierce)). In light of this extensive precedent, it cannot now be doubted that the Due Process Clause of the Fourteenth Amendment protects the fundamental right of parents to make decisions concerning the care, custody, and control of their children. (emphasis added)

Learn More: Family Law Appeal

Parents Have an Irreplaceable Role

The role of parents in a child’s life is an irreplaceable one. “Even when young children spend most of their waking hours in child care, parents remain the most influential adults in their lives,” writes Dr. Jack Shonkoff, a board-certified pediatrician who sits on the faculty of the Harvard Graduate School of Education.[2]

“The hallmark of [the parental] relationship is the readily observable fact that this special adult is not interchangeable with others,” he continues. “A child may not care who cuts his hair or takes his money at the toy store, but he cares a great deal about who is holding her when she is unsure, comforts her when she is hurt, and shares special moments in her life.”[3]

The relationship that parents share with their children is one that impacts a child throughout his or her lifetime. Studies show that the benefits of parental involvement are manifold, affecting numerous areas of a child’s life, including health and development, academic progress, and life choices.

The Supreme Court has maintained that parents possess a fundamental constitutional right to raise their children as they see fit. “The child is not the mere creature of the State,” the Supreme Court concluded in a 1925 ruling. “Those who nurture him and direct his destiny have the right, coupled with the high duty, to recognize and prepare him for additional obligations.”

“The child is not the mere creature of the State. Those who nurture him and direct his destiny have the right, coupled with the high duty, to recognize and prepare him for additional obligations.”

– Pierce v. Society of Sisters, 268 U.S. 510
(1925 Supreme Court case)

The role of parents in the lives of their children has, historically, been one of unquestioned value, celebrated in cultures around the world. And the rights that come along with that responsibility—to direct the upbringing and education of one’s own children—have been consistently honored and upheld.

There is only one way to effectively secure the foundation of parenthood for this generation and the next: a constitutional amendment that explicitly protects the child-parent relationship from unreasonable government intrusion. A constitutional amendment will ensure that the rights of parents to raise their children are honored by federal court judges.

cited 

In early 2006, the U.S. Supreme Court used this very language when talking about violations of religious liberty. According to the Court, the government must “demonstrate that the compelling interest test is satisfied through application of the challenged law ‘to the person’–the particular claimant whose sincere exercise of religion is being substantially burdened.”Gonzales v. O Centro Espirita Beneficente Uniao do Vegetal, 546 U.S. 418, 430-431 (2006). The text of this proposed parental rights amendment merely takes this well-established principle of law, and applies it explicitly to the fundamental right of parents.

Protecting Parental Rights at the State Level

Parents have rights to be parents’

[1] While in Jackson v. Tangreen (2000), the Court of Appeals of Arizona found that “Troxel cannot stand for the proposition that [a state visitation statute] is necessarily subject to strict scrutiny,” the newer Ariz. Rev. Stat. § 1-601 explicitly requires this strict scrutiny review.

[3] Col. Rev. Stat. § 13-22-107(1)(a)(III) expressly declares parental rights “fundamental,” which may lead to strict scrutiny protection the next time the issue comes up in the courts.

[4] In Wilson v. Div. of Family Servs., the Supreme Court of Delaware recognized “the interest of natural parents in the care and custody of their children” as a “fundamental right,” but did not specify strict scrutiny.

[5] O.C.G.A. § 19-7-1 (b. [***8] 1) establishes a rebuttable presumption that parental custody is always in the child’s best interest.

[6] While in Skov v. Wicker v. Boydston, 272 Kan 240 (2001), the Kansas Supreme Court, citing the Troxel ruling, only demanded the ambiguous Troxel test, it is expected that the religious freedom statute of 2013 that calls for fundamental parental rights and outlines strict scrutiny protection will lead to a different outcome in Kansas courts the next time the issue comes up.

[7] Louisiana Children’s Code Article 101 supports parental rights and family privacy.

[8] Parental rights are affirmed as fundamental rights deserving of strict scrutiny in Nebraska Supreme Court case precedent, but contrary court precedent also exists. The state of parental rights in Nebraska’s courts, therefore, is unclear.

[7] Louisiana Children’s Code Article 101 supports parental rights and family privacy.

[8] Parental rights are affirmed as fundamental rights deserving of strict scrutiny in Nebraska Supreme Court case precedent, but contrary court precedent also exists. The state of parental rights in Nebraska’s courts, therefore, is unclear.

[9] While North Carolina and Rhode Island courts have repeatedly recognized the rights of parents to oversee the care of their children as a fundamental right, unfortunately, no specific standard of review (such as “strict scrutiny”) is set in these cases in either state.

[10] Tennessee does have numerous laws on the books that provide support to parental rights.

[11] Although Texas does not have a specific parental rights statute, parental rights are respected and protected by statute in several key parts of Texas law. A parental rights statute could improve on this–but not by much.

[12] Vermont courts have a history of recognizing fundamental parental rights but the standard of review may be a subject of confusion.

[13] Washington courts affirm parental rights as fundamental, although there is no mention of strict scrutiny.

[14] West Virginia law acknowledges parental rights as fundamental in W. Va. Code § 49-1-1(a) and W. Va. Code § 49-6D-2(a).

[15] In 2003, the New Jersey Supreme Court heard just such a challenge to the grandparent visitation statute. Our Supreme Court, in essence, found the Grandparent Visitation Statute as drafted to be unconstitutional and therefore added a requirement: a threshold showing of harm that can be satisfied only by “gross misconduct, unfitness, abandonment, or exceptional circumstances.” [Moriarty v. Bradt, 177 N.J. 84, 112-18 (2003).] Following such a finding, the parent is obliged to offer a visitation schedule, and if the grandparents agree to that schedule, “that will be the end of the inquiry.” If the parent and grandparents are unable to agree on a visitation schedule, the Court will implement a schedule “that it finds is in the child’s best interest, based on the application of the statutory factors.” [Moriarty v. Bradt, 177 N.J. 84, 117 (2003).]

Cited https://parentalrights.org/states/

 3 Constitutional Rights of Parents Develop 1920’s : parents have a fundamental liberty interest in the “care, custody and control” of their children (though not to due process before removal).  Meyer v. Nebraska, 262 U.S. 390 (1923) (teaching foreign language in school)  Pierce v. Society of Sisters, 268 U.S. 510 (1925) (private schools) “It is cardinal with us that the custody, care and nurture of the child reside first in the parents.”  Prince v. Massachusetts, 321 U.S. 158 (1944) (right to practice religion)

4 4 In Re Gault, 387 U.S. 1 (1967) “Due process, not benevolent intentions, produces justice.” – Justice Abe Fortas   Struck down parens patriae authority of the court to remove children from home without a hearing (to deal with criminal conduct).   Did not disturb the parens patriae doctrine in dependency cases.   Hailed by some as advancement in children’s rights.   Criticized by others as the criminalization of the juvenile court and the beginning of the end of the court’s authority to treat children like children rather than adults.   “Child’s best interest” today can retain some of the old paternalism, if we are not careful.

5 5 Constitutional Rights of Parents 1972: Unwed father could not be presumed to be an unfit parent; Entitled to a hearing, under equal protection clause) – Stanley v. Illinois, 405 U.S. 645 1982: The interest of parents in the care and custody of their children is a fundamental liberty interest protected by the due process clause of the 14 th amendment. – Santosky v. Kramer, 455 U.S. 745 (because of due process protection, standard of proof for TPR must be clear and convincing). * Extended to adjudications by NM statute 32A-4-20(H). * 83 years from the first children’s courts, 15 years after Gault, came the establishment of due process for TPRs in Santosky.

6 6 Despite the Supreme Court’s repeated recognition of these significant fundamental parental liberty interests, these interests have never been seen to be without limits. -Lehr v. Robertson, 463 US 248 (1983). -Gerald D., 491 U.S. 110 (1989). 1980’s

7 7 The Right to Parent Requires a Familial Relationship – Biology is not enough Lehr v. Robertson: The mere existence of a biological link does not merit… constitutional protection. To have constitutionally protected parental rights, an unwed father must take steps to establish a “significant custodial, personal, or financial relationship with his child.”

cited https://slideplayer.com/slide/5813806/

UNFAIR TO ONE SIDE

Norton v. Shelby County, 118 U.S. 425, (1886) “An unconstitutional act is not law; it confers no rights;
it imposes no duties; affords no protection; it creates no office; it is in legal contemplation, as inoperative as though it had never been passed.”

Murdock v. Penn., 319 US 105, (1943) “No state shall convert a liberty into a privilege, license it, and
attach a fee to it.”
Shuttlesworth v. Birmingham, 373 US 262, (1969) “If the state converts a liberty into a privilege, the citizen can engage in the right with impunity.”

Cooper v. Aaron, 358 U.S. 1, 78 S.Ct. 1401 (1958). “No state legislator or executive or judicial officer can
war against the Constitution without violating his undertaking to support it.” The constitutional theory
is that we the people are the sovereigns, the state and federal officials only our agents.”

NO IMMUNITY
“Sovereign immunity does not apply where (as here) government is a lawbreaker or jurisdiction is the issue.” Arthur v. Fry, 300 F.Supp. 622 “Knowing failure to disclose material information necessary to prevent statement from being misleading, or making representation despite knowledge that it has no reasonable basis in fact, are actionable as fraud under law.” Rubinstein v. Collins, 20 F.3d 160, 1990

[a] “Party in interest may become liable for fraud by mere silent acquiescence and partaking of benefits of fraud.”Bransom v. Standard Hardware, Inc., 874 S.W.2d 919,1994

Ex dolo malo non oritur actio. Out of fraud no action arises; fraud never gives a right of action. No court will lend its aid to a man who founds his cause of action upon an immoral or illegal act. As found in Black’s Law Dictionary, Fifth Edition, page 509.  “Fraud destroys the validity of everything into which
it enters,” Nudd v. Burrows, 91 U.S 426. “Fraud vitiates everything” Boyce v. Grundy, 3 Pet. 210
“Fraud vitiates the most solemn contracts, documents and even judgments.” U.S. v. Throckmorton, 98 US 61

When a Citizen challenges the acts of a federal or state official as being illegal, that official cannot just simply avoid liability based upon the fact that he is a public official. In United States v. Lee, 106 U.S. 196, 220, 221, 1 S.Ct. 240, 261, the United States claimed title to Arlington, Lee’s estate, via a tax sale some years earlier, held to be void by the Court. In so voiding the title of the United States, the Court declared:

“No man in this country is so high that he is above the law. No officer of the law may set that law at  defiance with impunity. All the officers of the government, from the highest to the lowest, are creatures of the law and are bound to obey it. It is the only supreme power in our system of government, and every man who by accepting office participates in its functions is only the more strongly bound to submit to that supremacy, and to observe the limitations which it imposes upon the exercise of the authority which it gives. “Shall it be said… that the courts cannot give remedy when the citizen has been deprived of his property by force, his estate seized and converted to the use of the government without any lawful authority, without any process of law, and without any compensation, because the president has ordered it and his officers are in possession? If such be the law of this country, it sanctions a tyranny which has no existence in the monarchies of Europe, nor in any other government which has a just claim to well-regulated liberty and the protection of personal rights.”

See Pierce v. United States (“The Floyd Acceptances”), 7 Wall. (74 U.S.) 666, 677 (“We have no officers in this government from the President down to the most subordinate agent, who does not hold office under the law, with prescribed duties and limited authority”); Cunningham v. Macon, 109 U.S. 446, 452, 456, 3 S.Ct. 292, 297 (“In these cases he is not sued as, or because he is, the officer of the government, but as an individual, and the court is not ousted of jurisdiction because he asserts authority as such officer. To make out his defense he must show that his authority was sufficient in law to protect him… It is no answer for the defendant to say I am an officer of the government and acted under its authority unless he shows the sufficiency of that authority”); and Poindexter v. Greenhow, 114 U.S. 270, 287, 5 S.Ct. 903, 912 WHEREAS, officials and even judges have no immunity (See, Owen vs. City of Independence, 100 S Ct. 1398; Maine vs. Thiboutot, 100 S. Ct. 2502; and Hafer vs. Melo, 502 U.S. 21; officials and judges are deemed to know the law and sworn to uphold the law; officials and judges cannot claim to act in good faith in willful deprivation of law, they certainly cannot plead ignorance of the law, even the Citizen cannot plead ignorance of the law, the courts have ruled there is no such thing as ignorance of the law, it is ludicrous for learned officials and judges to plead ignorance of the law therefore there is no immunity, judicial or otherwise, in matters of rights secured by the Constitution for the United States of America. See: Title 42 U.S.C. Sec. 1983.

“When lawsuits are brought against federal officials, they must be brought against them in their “individual” capacity not their official capacity. When federal officials perpetrate constitutional torts, they do so ultra vires (beyond the powers) and lose the shield of immunity.” Williamson v. U.S. Department of Agriculture, 815 F.2d. 369, ACLU Foundation v. Barr, 952 F.2d. 457, 293 U.S. App. DC 101, (CA DC 1991). “Personal involvement in deprivation of constitutional rights is prerequisite to award of damages, but defendant may be personally involved in constitutional deprivation by direct participation, failure to remedy wrongs after learning about it, creation of a policy or custom under which unconstitutional practices occur or gross negligence in managing subordinates who cause violation.” (Gallegos v. Haggerty, N.D. of New York, 689 F. Supp. 93 (1988).

“The law requires proof of jurisdiction to appear on the record of the administrative agency and all
administrative proceedings.” Hagans v. Lavine, 415 U. S. 533

THEREFOR GIVE THE RIGHTS TO PARENT TO GOOD PARENTS EQUALLY

(In re Caden C. (2021) 11 Cal. 5th 614, 644 (“Caden C.”).) In reversal, the California Supreme Court holds that the parental-benefit exception per Welf. & Inst.C. §366.26(c)(1)(B)(i) does not require heightened or additional showing in order to establish the exception; neither must a parent show that they are substantially complying with the case plan in order to establish the exception.

( In re B.G. (1974) 11 Cal.3d 679, 688–689, 114 Cal.Rptr. 444, 523 P.2d 244 ; see In re Marilyn H. (1993) 5 Cal.4th 295, 306, 19 Cal.Rptr.2d 544, 851 P.2d 826.) “[A] parent whose child may be found subject to the dependency jurisdiction of the court enjoys a due process right to be informed of the nature of the hearing, as well as the allegations upon which the deprivation of custody is predicated, in order that he or she may make an informed decision whether to appear and contest the allegations.”

The child is not the mere creature of the State; those who nurture him and direct his destiny have the right, coupled with the high duty, to recognize and prepare him for additional obligations. – Pierce v. Society of Sisters, 268 U.S. 510 (1925)

In subsequent cases also, we have recognized the fundamental right of parents to make decisions concerning the care, custody, and control of their children. See, e.g.,

Stanley v. Illinois, 405 U.S. 645, 651, 92 S.Ct. 1208, 31 L.Ed.2d 551 (1972) (“It is plain that the interest of a parent in the companionship, care, custody, and management of his or her children ‘come[s] to this Court with a momentum for respect lacking when appeal is made to liberties which derive merely from shifting economic arrangements'” (citation omitted));

Wisconsin v. Yoder, 406 U.S. 205, 232, 92 S.Ct. 1526, 32 L.Ed.2d 15 (1972) (“The history and culture of Western civilization reflect a strong tradition of parental concern for the nurture and upbringing of their children. This primary role of the parents in the upbringing of their children is now established beyond debate as an enduring American tradition”);

Quilloin v. Walcott, 434 U.S. 246, 255, 98 S.Ct. 549, 54 L.Ed.2d 511 (1978) (“We have recognized on numerous occasions that the relationship between parent and child is constitutionally protected”);

Parham v. J. R., 442 U.S. 584, 602, 99 S.Ct. 2493, 61 L.Ed.2d 101 (1979) ( “Our jurisprudence historically has reflected Western civilization concepts of the family as a unit with broad parental authority over minor children. Our cases have consistently followed that course”);

Santosky v. Kramer, 455 U.S. 745, 753, 102 S.Ct. 1388, 71 L.Ed.2d 599 (1982) (discussing “[t]he fundamental liberty interest of natural parents in the care, custody, and management of their child”);

Glucksberg, supra, at 720, 117 S.Ct. 2258 (“In a long line of cases, we have held that, in addition to the specific freedoms protected by the Bill of Rights, the ‘liberty’ specially protected by the Due Process Clause includes the right … to direct the education and upbringing of one’s children” (citing Meyer and Pierce)). In light of this extensive precedent, it cannot now be doubted that the Due Process Clause of the Fourteenth Amendment protects the fundamental right of parents to make decisions concerning the care, custody, and control of their children. (emphasis added)

It is the natural duty of the parent to give his children education suitable to their station in life. – Meyer v. State of Nebraska, 262 U.S. 390 (1923)

The values of parental direction of the religious upbringing and education of their children in their early and formative years have a high place in our society.

Even more markedly than in Prince, therefore, this case involves the fundamental interest of parents, as contrasted with that of the State, to guide the religious future and education of their children.

The history and culture of Western civilization reflect a strong tradition of parental concern for the nurture and upbringing of their children. This primary role of the parents in the upbringing of their children is now established beyond debate as an enduring American tradition. – Wisconsin v. Yoder, 406 U.S. 205 (1972)

This Court has long recognized that freedom of personal choice in matters of marriage and family life is one of the liberties protected by the Due Process Clause of the Fourteenth Amendment. – Cleveland Board of Education v. LaFleur, 414 U.S. 632 (1974)

The liberty interest in family privacy has its source, and its contours are ordinarily to be sought, not in state law, but in intrinsic human rights, as they have been understood in “this Nation’s history and tradition.” – Smith v. Organization of Foster Families, 431 U.S. 816 (1977)

We have recognized on numerous occasions that the relationship between parent and child is constitutionally protected.

We have little doubt that the Due Process Clause would be offended “if a State were to attempt to force the breakup of a natural family, over the objections of the parents and their children, without some showing of unfitness and for the sole reason that to do so was thought to be in the children’s best interest.” – Quilloin v. Walcott, 434 U.S. 246 (1978)

Our decisions establish that the Constitution protects the sanctity of the family precisely because the institution of the family is deeply rooted in this Nation’s history and tradition. It is through the family that we inculcate and pass down many of our most cherished values, moral and cultural. – Moore v. East Cleveland, 431 U.S. 494 (1977)

It is cardinal with us that the custody, care and nurture of the child reside first in the parents, whose primary function and freedom include preparation for obligations the state can neither supply nor hinder. . . . It is in recognition of this that these decisions have respected the private realm of family life which the state cannot enter. – Prince v. Commonwealth of Massachusetts, 321 U.S. 158 (1944)

The law’s concept of the family rests on a presumption that parents possess what a child lacks in maturity, experience, and capacity for judgment required for making life’s difficult decisions. More important, historically it has recognized that natural bonds of affection lead parents to act in the best interests of their children.

The statist notion that governmental power should supersede parental authority in all cases because some parents abuse and neglect children is repugnant to American tradition.

Simply because the decision of a parent is not agreeable to a child or because it involves risks does not automatically transfer the power to make that decision from the parents to some agency or officer of the state. – Parham v. J. R., 442 U.S. 584 (1979)

The fundamental liberty interest of natural parents in the care, custody, and management of their child does not evaporate simply because they have not been model parents or have lost temporary custody of their child to the State. Even when blood relationships are strained, parents retain a vital interest in preventing the irretrievable destruction of their family life.

Until the State proves parental unfitness, the child and his parents share a vital interest in preventing erroneous termination of their natural relationship. – Santosky v. Kramer, 455 U.S. 745 (1982)

The fundamental liberty interest of natural parents in the care, custody, and management of their child does not evaporate simply because they have not been model parents or have lost temporary custody of their child to the State. Even when blood relationships are strained, parents retain a vital interest in preventing the irretrievable destruction of their family life.

Until the State proves parental unfitness, the child and his parents share a vital interest in preventing erroneous termination of their natural relationship. – Santosky v. Kramer, 455 U.S. 745 (1982)

“The best interests of the child,” a venerable phrase familiar from divorce proceedings, is a proper and feasible criterion for making the decision as to which of two parents will be accorded custody. But it is not traditionally the sole criterion-much less the sole constitutional criterion-for other, less narrowly channeled judgments involving children, where their interests conflict in varying degrees with the interests of others.

“The best interests of the child” is not the legal standard that governs parents’ or guardians’ exercise of their custody: So long as certain minimum requirements of child care are met, the interests of the child may be subordinated to the interests of other children, or indeed even to the interests of the parents or guardians themselves. – Reno v. Flores, 507 U.S. 292 (1993)

In a long line of cases, we have held that, in addition to the specific freedoms protected by the Bill of Rights, the “liberty” specially protected by the Due Process Clause includes the rights . . . to direct the education and upbringing of one’s children.

The Fourteenth Amendment “forbids the government to infringe … ‘fundamental’ liberty interests of all, no matter what process is provided, unless the infringement is narrowly tailored to serve a compelling state interest.” – Washington v. Glucksburg, 521 U.S. 702 (1997)

Child Dependency Due Process –

Conforming to Proof In re I.S.

Published 8/16/2021; First Dist., Div. Two Docket No.: A161417; 67 Cal.App.5th 918

IT WAS AN ABUSE OF DISCRETION AND VIOLATION OF A PARENT’S DUE PROCESS RIGHTS FOR THE COURT TO AMEND THE ALLEGATIONS TO CONFORM TO PROOF IN SUCH A WAY THAT IT 6 MATERIALLY ALTERED THE ALLEGATIONS BY INCLUDING FACTS AND LEGAL THEORIES NOT INCLUDED IN THE ORIGINAL PETITION.

Reversed. Mother’s due process was violated when the court amended the petitions to conform to proof by including facts and legal theories that were not in the original petition. A court may amend a petition to conform to the proof presented at a jurisdictional hearing if the amendment is immaterial, but amendments that are material or prejudicial are not allowed. An example of an allowable amendment is the substituting of one word for another where the variance between the words was minimal. (See In re Jessica C. (2001) 93 Cal.App.4th 1027 [holding the word “touching” could be substituted for “penetrating” in a sexual abuse case because the basic allegation remained the same].)

IN RE I.S.,

“Since the interest of a parent in the companionship, care, custody, and management of his [or her] children is a compelling one, ranked among  the most  basic of civil rights [citations], the state, before depriving a parent of this interest, must afford [the parent] adequate notice and an opportunity to be heard.” ( In re B.G. (1974) 11 Cal.3d 679, 688–689, 114 Cal.Rptr. 444, 523 P.2d 244 ; see In re Marilyn H. (1993) 5 Cal.4th 295, 306, 19 Cal.Rptr.2d 544, 851 P.2d 826.) “[A] parent whose child may be found subject to the dependency jurisdiction of the court enjoys a due process right to be informed of the nature of the hearing, as well as the allegations upon which the deprivation of custody is predicated, in order that he or she may make an informed decision whether to appear and contest the allegations.”

( In re Wilford J. (2005) 131 Cal.App.4th 742, 751, 32 Cal.Rptr.3d 317.) “Notice of the specific facts upon which the petition is based is necessary to enable the parties to properly meet the charges.” ( In re Jeremy C. (1980) 109 Cal.App.3d 384, 397, 167 Cal.Rptr. 283.)

A court may amend a dependency petition to conform to the evidence received at the jurisdiction hearing to remedy immaterial variances between the petition and proof. ( § 348 ; Code Civ. Proc., § 470.) However, material amendments that mislead a party to his or her prejudice are not allowed. ( Code Civ. Proc., §§ 469 – 470 ; In re Andrew L. (2011) 192 Cal.App.4th 683, 689, 121 Cal.Rptr.3d 664 ( Andrew L. ).)

The basic rule from civil law, however, is that amendments to conform to proof are favored, and should not be denied unless the pleading as drafted prior to the proposed amendment would have misled the adversarial party to its prejudice.” ( In re Jessica C. (2001) 93 Cal.App.4th 1027, 1041–1042, 113 Cal.Rptr.2d 597 ( Jessica C. ).)

https://goodshepherdmedia.net/child-dependency-due-process-conforming-to-proof-in-re-i-s/

CONFRONTATION CLAUSE / DUE PROCESS
https://goodshepherdmedia.net/confrontation-clause/

The Sixth Amendment’s Confrontation Clause provides that, “[i]n all criminal prosecutions, the accused shall enjoy the right . . . to be confronted with the witnesses against him.” This bedrock procedural guarantee applies to both federal and state prosecutions. Pointer v. Texas, 380 U. S. 400, 406 (1965). In Ohio v. Roberts, 448 U. S. 56 (1980), the Supreme Court held that the Confrontation Clause does not bar admission of an unavailable witness’s statement against a criminal defendant if the statement bears “adequate ‘indicia of reliability.’” Id., at 66. To meet that test, evidence had to either fall within a “firmly rooted hearsay exception” or bear “particularized guarantees of trustworthiness.” Ibid. The Sixth Amendment’s Confrontation Clause provides that, “[i]n all criminal prosecutions, the accused shall enjoy the right . . . to be confronted with the witnesses against him.” This bedrock procedural guarantee applies to both federal and state prosecutions. .

In , the Supreme Court held that the Confrontation Clause does not bar admission of an unavailable witness’s statement against a criminal defendant if the statement bears “adequate ‘indicia of reliability.’” ., at 66. To meet that test, evidence had to either fall within a “firmly rooted hearsay exception” or bear “particularized guarantees of trustworthiness.” Ibid.

People v. Superior Court (Jones ) (1998) 18 Cal.4th 667, 680-681, 76 Cal.Rptr.2d 641, 958 P.2d 393.) “Findings of fact are reviewed under a ‘substantial evidence’ standard.” ( Ibid. )

Under this standard, ” ‘a trial court’s ruling will not be disturbed, and reversal of the judgment [or order] is not required, unless the trial court exercised its discretion in an arbitrary, capricious, or patently absurd manner that resulted in a manifest miscarriage of justice.’ ” ( People v. Hovarter (2008) 44 Cal.4th 983, 1004, 81 Cal.Rptr.3d 299, 189 P.3d 300 ; see People v. Kipp (1998) 18 Cal.4th 349, 371, 75 Cal.Rptr.2d 716, 956 P.2d 1169 [“[a] court abuses its discretion when its ruling ‘falls outside the bounds of reason’

substantive issues to the court’s findings, and the court abused  its discretion (see In re M.R. (2017) 7 Cal.App.5th 886, 902; Bridget A. v. Superior Court (2007) 148 Cal.App.4th 285, 300) in terminating jurisdiction and issuing the custody orders.

Gravamen of proof  (In re I.S., supra, 67 Cal.App.5th at p. 928) as the proof offered at the jurisdiction hearing.

“‘Substantial evidence is evidence that is “reasonable, credible, and of solid value”; such that a reasonable trier of fact could make such findings.'” (In re L.W., supra, 32 Cal.App.5th at p. 848.) “‘But substantial evidence “is not synonymous with any evidence. [Citations.] A decision supported by a mere scintilla of evidence need not be affirmed on appeal.”‘” (In re Joaquin C. (2017) 15 Cal.App.5th 537, 560.) “‘”Inferences may constitute substantial evidence, but they must be the product of logic and reason. Speculation or conjecture alone is not substantial evidence.'”” (Patricia W. v. Superior Court (2016) 244 Cal.App.4th 397, 420; see In re Ma.V., supra, 64 Cal.App.5th *19 at p. 22 [“Substantial evidence indicates more than a smidgeon or trace; it must be meaningful and significant and cannot be merely speculative.”]; In re Donovan L. (2016) 244 Cal.App.4th 1075, 1093 [a “juvenile court’s conclusion ‘supported by little more than speculation’ [is] not based on substantial evidence”].) The appellant has the burden to show there is no evidence of a sufficiently substantial nature to support the findings or order. (In re R.V. (2012) 208 Cal.App.4th 837, 843.)

where, as here, the parent appeals from the order terminating jurisdiction and the custody order, an appeal from jurisdiction findings is not moot where the sustained findings have an adverse effect on a parent’s custody or visitation rights. (See Rashad D., supra, 63 Cal.App.5th at p. 159 [“the parent must appeal not only from the jurisdiction finding . . . order but also from the orders terminating jurisdiction and modifying the parent’s prior custody status”].)

Due Process Clause of the Fourteenth Amendment protects the fundamental right of parents to make decisions concerning the care, custody, and control of their children. – Troxel v. Granville, 530 U.S. 57, at 65-6 (2000) state court judge does NOT HAVE the discretion to determine the best interests of the child in these situations THIS violates due process, especially when there is no allegation that the parent is unfit. It is reasonable to presume that parents will act in the best interests of their children, so the state should not interfere and take that role away from them.

The Fourteenth Amendment’s Due Process Clause has a substantive component that “provides heightened protection against government interference with certain fundamental rights and liberty interests,” Washington v. Glucksberg, 521 U. S. 702, 720, including parents’ fundamental right to make decisions concerning the care, custody, and control of their children, see, e. g., Stanley v. Illinois, 405 U. S. 645, 651. Pp.63-66.

There is a presumption that fit parents act in their children’s best interests, Parham v. J. R., 442 U. S. 584, 602; there is normally no reason for the State to inject itself into the private realm of the family to further question fit parents’ ability to make the best decisions regarding their child, my son, see, e. g., Reno v. Flores, 507 U. S. 292, 304.

Family Court Sanctions Ruling Results in Father’s Rights to Visit being Strengthened

Featherstone v. Martinez –  “[i]n a vacuum, [Mother’s] declaration contained lies, was misleading, entitled, controlling, manipulative, constitutionally abusive, and dismissive of any rights to meaningfully participate in co-parenting from the initial requests and arguments of the initial filing till now [Father].”  The court deemed the request “that the court prevent overnights for two years, while limiting [Father] to an approximately one-quarter or one-half of one percent timeshare for those two years” “in and of itself, sanctionable”

Featherstone v. Martinez – “[T]he way you wrote it, it was along the lines of, I control everything, I’m the boss, and, you know, I’ll do him a favor and let him see his child.  That is not how it works. You are co-equal parents. Moms get the advantage because technically, literally, when a child is born, they are there, obviously. But then when it comes to court, they think, well, I’m the mom. I always win.” Mother agreed Father had always been involved in Minor’s life and the court then remarked, “So it’s not a lack of familiarity. You should literally be at 50/50. Not, I let him see her whenever he wants.  But he has a weird travel schedule.”

When Mother informed the court that, during mediation, she offered Father six hours of visitation “or whenever he’s home[,]” the court asked Mother if she would like it if the roles were reversed and said: “I know how hard it is.  You gave birth to the child.  You held the child.  You’ve taken care of this child.  It’s hard to conceptualize that he is every bit of the parent that you are, especially in this case because he’s been there from birth.”  The court then said, “So here’s the law:  If everything is equal, you’re supposed to be sharing 50/50.  Not six hours.  50/50.”

The court then made its ruling as follows: “I’m going to side completely with respondent today, and I think in the future you’re going to have a really hard time, because although I’ve tried to explain it, emotionally—and I understand—you do not feel like he’s an equal parent and you feel like you need to drag this out and make it slow.”

Published 8/16/2021; First Dist., Div. Two Docket No.: A161417; 67 Cal.App.5th 918

 IT WAS AN ABUSE OF DISCRETION AND VIOLATION OF A PARENT’S DUE PROCESS RIGHTS FOR THE JUVENILE COURT TO AMEND THE ALLEGATIONS TO CONFORM TO PROOF IN SUCH A WAY THAT IT 6 MATERIALLY ALTERED THE ALLEGATIONS BY INCLUDING FACTS AND LEGAL THEORIES NOT INCLUDED IN THE ORIGINAL PETITION.

On October 29, 2019, the agency filed a petition under section 300 subdivisions (b) and (d), alleging that I.S. was sexually abused by D.B., a member of the household and maternal aunt’s boyfriend, and that mother knew of the abuse. I.S. reported that D.B. sexually abused her the year prior, texted her not to tell anyone, and then she told her mother two days later. I.S. showed mother the text messages, and mother eventually held a meeting with the other adult family members who lived in the home, including D.B. and I.S., to discuss what occurred. At the meeting mother decided to have D.B. move out of the home. The other family members stopped speaking to I.S. Mother later let D.B. move back in. I.S. felt anxious and scared with D.B. living in the home again. Mother reported that I.S. was a liar and confirmed D.B. lived in the family home. At the detention hearing, I.S. was detained. The agency filed a report for the adjudication in which I.S. was consistent in her statements of the sexual abuse, and mother was consistent in her denial that anything happened to I.S. At the adjudication, the parties informed the juvenile court that they reached a negotiated agreement, but the court rejected the settlement because it took the responsibility for what happened away from the mother. After hearing testimony, the juvenile court sustained the b-1 allegation, but amended it to conform to proof. In conforming to proof, the juvenile court added six paragraphs including factual and legal theories not in the original petition, including emotional abuse by the mother. The court’s written order dismissed the d-1 count. At the dispositional hearing almost two months later, the court was asked to clarify its ruling on the d-1 allegation, and the court agreed it was not clear and was going to issue a clarifying order. At the disposition hearing two weeks later the juvenile court ordered the d-1 allegation sustained but amended it to conform to proof, adding five paragraphs adding factual and legal theories that were not in the original petition. The juvenile court removed I.S. from her mother’s care. Mother appealed.

Reversed. Mother’s due process was violated when the juvenile court amended the petitions to conform to proof by including facts and legal theories that were not in the original petition. A juvenile court may amend a petition to conform to the proof presented at a jurisdictional hearing if the amendment is immaterial, but amendments that are material or prejudicial are not allowed. An example of an allowable amendment is the substituting of one word for another where the variance between the words was minimal. (See In re Jessica C. (2001) 93 Cal.App.4th 1027 [holding the word “touching” could be substituted for “penetrating” in a sexual abuse case because the basic allegation remained the same].) However, if the amendments to conform to proof change the grounds for establishing jurisdiction, they are not allowable. (See In re G.B. (2018) 28 Cal.App.5th 475 (G.B.)
[holding that it was error to amend the petition to establish jurisdiction under a different legal theory than the original allegations, make a non-offending parent offending in the amended petition, and to base it all on facts not at issue in the original petition].)
This case is more akin to G.B. in that the amended allegations asserted a new legal theory, namely that of emotional abuse, and was therefore not an allowable amendment resulting in the same basic allegations. Further, one of the amendments asserted the legal theory that mother might have known of the abuse if she conducted a reasonable investigation of the text messages, whereas the original petition alleged mother knew of the abuse. With this different legal theory at play, mother possibly would have altered her defense at trial. Thus, the amendments materially varied from the original petition. The principle that a juvenile court’s order asserting jurisdiction can be affirmed if there are multiple grounds for jurisdiction and any one of the statutory bases is supported by substantial evidence is not appropriate in this case because of the irregular way in which the juvenile court sustained the d-1 allegation, even though mother did not challenge that I.S. was sexually abused by a member of the household. First, the juvenile court dismissed the d-1 allegation, then two months later indicated that it was going to sustain it, and then materially amended it. While a juvenile court may sua sponte change any court order under section 385, the procedural requirement to do so is to provide notice and an opportunity to be heard to the parties. Mother had no notice of the amendments and was not able to properly present a defense. Mother’s fundamental due process rights were violated when she did not receive notice or a fair opportunity to be heard. (KH)

cited https://www.clccal.org/blog/dependency-legal-news-vol-17-no-6/

IN RE I.S.

Contra Costa Cnty. Children & Family Servs. Bureau v. R.S. (In re I.S.)

Opinion

Harmful-to-minors laws seek to protect minors, generally considered those seventeen and younger, from pornography, obscenity, and other material that may bring harm to them. These laws are based on the concept of variable obscenity — that is, material can be considered obscene when viewed by children and young people though not when viewed by adults. After many previous attempts, the Supreme Court established current standards for what is legally obscene in Miller v. California (1973), in which it reiterated that obscene material is not protected as free speech under the First Amendment.

Court has upheld concept of ‘variable obscenity’

The Supreme Court approved of the concept of variable obscenity when it upheld a New York harmful-to-minors law in Ginsberg v. New York (1968). The case involved the prosecution of Sam Ginsberg, the owner of Sam’s Stationary and Luncheonette in Bellmore, Long Island, for selling two “girlie” magazines to a sixteen-year-old boy. The magazines featured pictures of nude women, such that did not meet the definition of obscenity for adults. Writing for the Court, Justice William J. Brennan Jr. reasoned that the New York statute “simply adjusts the definition of obscenity to social realities” and serves the state’s interest in protecting minors.

Harmful-to-minors laws have survived constitutional challenge

Nearly every state has some form of harmful-to-minors law. Many of these laws limit distribution of sexually explicit material to minors. The majority of these laws have survived constitutional challenge. For example, the Eleventh Circuit Court of Appeals upheld a Georgia law regulating the display of material harmful to minors in American Booksellers v. Webb (11th Cir. 1990). The Tennessee Supreme Court upheld a similar law in Davis-Kidd Booksellers, Inc. v. McWherter (Tenn. 1993).

Courts have struck down harmful-to-minors laws relating to the Internet

Harmful-to-minors laws have fared far less successfully in cyberspace, as federal courts have invalidated several such laws. Although the physical world affords a relatively easy way to segregate adult and minor consumers of adult material, the online world presents much tougher challenges. For this reason, many reviewing courts have struck down Internet harmful-to-minors laws, finding that the state’s laudable interests in protecting minors cannot suppress the free speech rights of adults or older minors. For example, the Tenth Circuit Court of Appeals ruled in American Civil Liberties Union v. Johnson (1999) that a New Mexico statute criminalizing online transmission of material harmful to minors violated the First Amendment. Other appeals courts invalidated similar laws in PSINET, Inc. v. Chapman (4th Cir. 2004) and American Booksellers Foundation v. Dean (2d Cir. 2003).

Congress has made notable attempts to restrict online material that might be considered harmful to minors. When the Communications Decency Act of 1996, which sought to prohibit “indecent” and “patently offensive” speech on the Internet, was invalidated by the Supreme Court in Reno v. American Civil Liberties Union (1997), Congress responded by passing the narrower Child Online Protection Act of 1998 (COPA). However, in Ashcroft v. American Civil Liberties Union (2004), the Court upheld a preliminary injunction from the lower courts preventing enforcement of COPA. The Court ruled that software designed to filter out offensive content was a less speech restrictive alternative to limiting minors’ exposure to online pornography than was a general criminal law such as COPA. On remand, the Third Circuit Court of Appeals in March 2007 granted a permanent injunction against enforcement of COPA, finding that it violated the First Amendment.

David L. Hudson, Jr. is a law professor at Belmont who publishes widely on First Amendment topics.  He is the author of a 12-lecture audio course on the First Amendment entitled Freedom of Speech: Understanding the First Amendment (Now You Know Media, 2018).  He also is the author of many First Amendment books, including The First Amendment: Freedom of Speech (Thomson Reuters, 2012) and Freedom of Speech: Documents Decoded (ABC-CLIO, 2017). This article was originally published in 2009.​

By David L. Hudson Jr. cited https://mtsu.edu/first-amendment/article/966/harmful-to-minors-laws

Your heart beats 100,000 times per day, its his choice it does! That’s 36,000,000 (36 Million Times PER YEAR) ALL HIM . That’s 2,880,000,000 (2.88 Trillion Times in the AVERAGE 80 YEAR LIFE SPAN) ALL HIM.. Now That’s Amazing!

Those Who Harm Children, What Does the Bible Say?

Thank the Man…..Jesus…. Who took a very painful death to save your sinning butt! Now that is a soldier… That’s Love… Thank God

Psalms 6:7-9      NLT My vision is blurred by grief;
my eyes are worn out because of all my enemies.
Go away, all you who do evil, for the LORD has heard my weeping.
The LORD has heard my plea; the LORD will answer my prayer.

Those Who Harm Children, What Does the Bible Say?

HERE IT IS B.I.B.L.E. – BASIC INSTRUCTIONS BEFORE LEAVING EARTH

Basic
Instructions
Before
Leaving
Earth

Matthew 18:6 But whoever causes one of these little ones who believe in me to sin, it would be better for him to have a great millstone fastened around his neck and to be drowned in the depth of the sea.

Hebrews 4:12 For the word of God is alive and active. Sharper than any double-edged sword, it penetrates even to dividing soul and spirit, joints and marrow; it judges the thoughts and attitudes of the heart.

Mark 9:42 “Whoever causes one of these little ones who believe in me to sin, it would be better for him if a great millstone were hung around his neck and he were thrown into the sea.

Luke 17:2 It would be better for him if a millstone were hung around his neck and he were cast into the sea than that he should cause one of these little ones to sin.

Psalm 91:9-16 Because you have made the Lord your dwelling place— the Most High, who is my refuge— no evil shall be allowed to befall you, no plague come near your tent. For he will command his angels concerning you to guard you in all your ways. On their hands they will bear you up, lest you strike your foot against a stone. You will tread on the lion and the adder; the young lion and the serpent you will trample underfoot. …

Psalm 127:3-5 Behold, children are a heritage from the Lord, the fruit of the womb a reward. Like arrows in the hand of a warrior are the children of one’s youth. Blessed is the man who fills his quiver with them! He shall not be put to shame when he speaks with his enemies in the gate.

God will protect his children from their enemies. The evil ones may attempt to harass God’s children but they won’t prosper. The contrast of their imagination will actualize. The enemies will stumble! Meanwhile, God’s children will make positive advances and prosper; they will have every reason to praise.  God’s power is limitless. He will demonstrate it to favor his children and defeat their foes. God has both visible and invisible weapons that can be used to defeat the enemies and also protect his children.

Nahum 1:14 The Lord has issued a command concerning you: “Your name will no longer be perpetuated. I will cut off idol and image From the house of your gods. I will prepare your grave, For you are contemptible.”

2 Thessalonians 2:8 Then that lawless one will be revealed whom the Lord will slay with the breath of His mouth and bring to an end by the appearance of His coming;”

1 John 3:8 the one who practices sin is of the devil; for the devil has sinned from the beginning. The Son of God appeared for this purpose, to destroy the works of the devil.”

Deuteronomy 33:27 “The eternal God is a dwelling place, And underneath are the everlasting arms; And He drove out the enemy from before you, And said, ‘Destroy!’

Deuteronomy 33:27 “The eternal God is a dwelling place, And underneath are the everlasting arms; And He drove out the enemy from before you, And said, ‘Destroy!’

Proverbs 14:11 Verse Concepts The house of the wicked will be destroyed, But the tent of the upright will flourish.

Psalm 94:23 He has brought back their wickedness upon them And will destroy them in their evil; The Lord our God will destroy them.

Psalm 28:5  Because they do not regard the works of the Lord Nor the deeds of His hands, He will tear them down and not build them up.

Psalm 73:19 How they are destroyed in a moment! They are utterly swept away by sudden terrors! Proverbs 10:29 Verse Concepts The way of the Lord is a stronghold to the upright, But ruin to the workers of iniquity.

Hosea 7:13 Woe to them, for they have strayed from Me! Destruction is theirs, for they have rebelled against Me! I would redeem them, but they speak lies against Me.

1 Timothy 6:9 But those who want to get rich fall into temptation and a snare and many foolish and harmful desires which plunge men into ruin and destruction.

Philippians 1:2 in no way alarmed by your opponents—which is a sign of destruction for them, but of salvation for you, and that too, from God.

Philippians 3:19 whose end is destruction, whose god is their appetite, and whose glory is in their shame, who set their minds on earthly things.

Psalm 34:21 Evil will slay the wicked, and those who hate the righteous will be condemned.

We are living in a world where “evil” has become common place. 
No thought against it, just a constant moving forward with it. 
Oh, what a terrible place to be in your mind. In a battle with the enemy? 
Trouble on every hand? Does the enemy attack appears to be relentless
No need to fear, worry nor fight, but trust God instead, because power belongs to God! 
Believe it or not, but evildoers will eventually destroys themselves. 
The ungodly only need enough rope to hang themselves. 
Their own iniquities shall be their punishment. Yes, wickedness is it's own executioner. 
The evildoers wickedness, though designed against others, shall destroy him or herself.
Fear no evil for thou art with you says the Lord.

Exodus 23:24 You shall not worship their gods, nor serve them, nor do according to their deeds; but you shall utterly overthrow them and break their sacred pillars in pieces.

Gospel LK 19:41-44  As Jesus drew near Jerusalem, he saw the city and wept over it, saying, “If this day you only knew what makes for peace– but now it is hidden from your eyes. For the days are coming upon you when your enemies will raise a palisade against you; they will encircle you and hem you in on all sides. They will smash you to the ground and your children within you, and they will not leave one stone upon another within you because you did not recognize the time of your visitation.”

Children are a precious gift from God. As adults, we have the privilege and responsibility to care for them, pray for all children’s protection and safety, and help children around us live the full and abundant life God desires for them.

If you do wrong be afraid,
God is not a myth
you will be corrected
because you do not believe or…
do not self correct…
and do not take up his word…