CHILD PROTECTIVE SERVICES

Most people believe that Child Protective Services, or DCF, exists to protect children from genuine harm. They imagine a system that intervenes only when absolutely necessary—rescuing the abused, supporting the vulnerable, and upholding justice. But the reality is far more troubling. Behind the public image lies a bureaucracy driven by funding incentives, administrative overreach, and a disregard for due process. Families are too often torn apart without lawful cause, without jury trials, and without accountability. 

What the People need to understand is this:

DCF doesn’t always protect—it often prosecutes the innocent under color of law.

Child Protective Services, under various names in each state (e.g., DCF in Massachusetts), is not a constitutionally authorized institution. It is a statutory administrative agency, created by legislatures and funded by federal incentives, primarily through Title IV-E of the Social Security Act—a section of Title 42, which is non-positive law and not binding upon the People.

Non-positive law means the title was not enacted into positive law by Congress. Therefore, it lacks full constitutional force and cannot override the supreme law of the land. CPS functions on contractual presumptions, not lawful authority. It presumes jurisdiction over families based on birth certificates, welfare enrollment, or silence—but no lawful government may assume power over a person or child without consent, due process, and lawful jurisdiction.

🚫 Violations of Constitutional Protections

CPS routinely violates:

• Due Process (5th and 14th Amendments, Article XII of the Massachusetts Constitution)

• Trial by Jury (7th Amendment and corresponding state protections)

• Courts of Record requirements

• Parental Liberty (affirmed in Troxel v. Granville, 530 U.S. 57 (2000))

These agencies operate in administrative tribunals, not constitutional courts. They enforce policy, not law. They remove children without jury trials, issue orders without courts of record, and act without sworn complaints, proper warrants, or lawful jurisdiction.

In Norton v. Shelby County, 118 U.S. 425 (1886), the U.S. Supreme Court ruled:

“An unconstitutional act is not a law; it confers no rights; it imposes no duties…”

Therefore, no CPS action can be binding if it lacks constitutional authority.

🛑 CPS Is Not Law Enforcement—It Is Corporate Enforcement

Most CPS entities are sub-corporations of the state, registered with the Dun & Bradstreet commercial database and operate under UCC-administrative process, not common law. They act as corporate service providers administering federal grants—not as public protectors upholding constitutional rights.

Because of this, CPS does not exist to protect children by the rule of law—it exists to process families through a revenue-generating administrative system funded by child removals and foster placements.

As Weissman’s Maxims of Law warns:

“He who does not understand the maxims of law—there is no extent to which he may be deceived.”