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NebraskaMom
Here is the first article I saw.

http://wnd.com/news/article.asp?ARTICLE_ID=59566

Nearly a dozen members of a police SWAT team in western Colorado punched a hole in the front door and invaded a family's home with guns drawn, demanding that an 11-year-old boy who had had an accidental fall accompany them to the hospital, on the order of Garfield County Magistrate Lain Leoniak.

The boy's parents and siblings were thrown to the floor at gunpoint and the parents were handcuffed in the weekend assault, and the boy's father told WND it was all because a paramedic was upset the family preferred to care for their son themselves.

Here is the local paper's article
http://www.postindependent.com/article/200...1/-1/ARCHIVES01

Here is the sheriffs response...

http://www.postindependent.com/article/200...YNEWS/933433845

I am horrified beyond belief. After our too similar experience, this incident really rattled all of us.

Topic for Debate: When is physical force appropriate to be used to provide medical treatment for a child against the will of the parents?

My understanding is that the standard is supposed to be "imminent danger". I understand imminent to mean "very likely to occur soon." I interpret danger to mean "death or serious injury". Obviously in our case and this case, the sheriff's deputies and the health officials had different definitions.

If this incident does not horrify you, please explain why?

Does admitting to being a "constitutionalist" make you a threat to the sheriff's department?
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inventor


Topic for Debate: When is physical force appropriate to be used to provide medical treatment for a child against the will of the parents?



If this incident does not horrify you, please explain why?

Does admitting to being a "constitutionalist" make you a threat to the sheriff's department?
[/quote]obviously the paramedic went a bit too far from what we are reading. But we do not know the hostility shown by this person to the paramedic. We can assume that this paramedic had not seen behavior like this and is it better to play it safe or allow a kid to be in a potentially hostile abusive environment.

this one has a connection to the debate of Joe Horn in texas. IE the right to protect ones property to the point of killing people for being on your property. but his arrest in 2005 for chasing a guy down the road with an ax certainly makes this guy a loose gun. I think if you have a history like that and maybe more the police have a right to be concerned. how many Weavers, Jim Jones are there out there?


here is the Joe Horn side that makes him a potential danger to society.
QUOTE
Shiflett said he did.

"I was completely within my rights under the Make My Day law," he said.

That Colorado law allows homeowners to use deadly force defending themselves from an intruder who is considered to be a threat.

Shiflett said he picked up the ax and chased the man out of his yard after 40 minutes of listening to his threats. He said he was the one that called the sheriff's office.

"You don't want to come to my house and tell me you're going to do something in my house and I can't stop you," Shiflett said. "I'm a violent person if you come into my house and start pushing me."
Lesly
From the Glenwood Springs Post: "Perhaps most offensive, Shiflett said, was that law enforcement didn't announce there was a warrant before breaking into his home south of New Castle."

Mmm. A no-knock raid strikes fear and pwnage into the populace again. The county sherrif says Shiflett was served the warrant before SWAT arrived, Shiflett denies it. Yep, definitely a no-knock raid story. And it's not surprising they broke the door on account of medical treatment.

QUOTE(SWAT Tactics at Issue After Fairfax Shooting)
Salvatore J. Culosi Sr. still can't believe his son, a 37-year-old optometrist, was a suspected sports bookie. He can't believe a heavily armed SWAT team fatally shot his unarmed son, Salvatore J. Culosi Jr., outside his Fair Oaks home Tuesday night.

And Culosi can't believe that the SWAT team's sudden descent on his son, apparently causing one officer to accidentally fire a .45-caliber handgun once into his son's chest, is standard procedure for Fairfax County police conducting a search.

Fairfax police declined to discuss their tactical unit policies. But police officials acknowledged that the tactical team, using bulletproof vests, high-powered weapons and other police tools, serves nearly all of the warrants after an investigation has found probable cause to seize evidence—whether it is bloody clothes, weapons or documents.

Because when any little thing may be what law enforcement needs to convict, no law-abiding citizen would undermine the police with constitutional gibberish.

Shiflett is lucky no one in his family was killed.

When is physical force appropriate to be used to provide medical treatment for a child against the will of the parents?
When there is a life-threatening condition, or a treatable condition that, if left untreated, may threaten the child's life.

Does admitting to being a "constitutionalist" make you a threat to the sheriff's department?
I don't understand this question.
VDemosthenes
QUOTE(NebraskaMom @ Jan 10 2008, 08:56 AM) *
When is physical force appropriate to be used to provide medical treatment for a child against the will of the parents?


1.) Never. Some people based purely on personal conviction or religious affiliation cannot seem to support medical treatment. Having to use taxpayer dollars to bully and intimidate people into treatment is not the way to go about saving lives. It's a violation of several statues and it should never be permitted in a free society like ours.

This story makes me ashamed to think that we live in a culture where we've strayed so far from the ideals of individual liberty. A child may be innocent in the eyes of religion, but in our society, a child is the product of two people who have a right to make choices concerning their child. In the strictest sense, a child is property, and parents have dominion over property. It should never come down to the government forcing parents into action. All of this "save the children" activism was never alive for much of human history, and as a seventeen year-old, I fully appreciate it now, thank you, but lay off it. Parents should have total control over their children in cases where they may knowingly lose them.
quarkhead
QUOTE(VDemosthenes @ Feb 18 2008, 06:21 AM) *
QUOTE(NebraskaMom @ Jan 10 2008, 08:56 AM) *
When is physical force appropriate to be used to provide medical treatment for a child against the will of the parents?


1.) Never. Some people based purely on personal conviction or religious affiliation cannot seem to support medical treatment. Having to use taxpayer dollars to bully and intimidate people into treatment is not the way to go about saving lives. It's a violation of several statues and it should never be permitted in a free society like ours.

This story makes me ashamed to think that we live in a culture where we've strayed so far from the ideals of individual liberty. A child may be innocent in the eyes of religion, but in our society, a child is the product of two people who have a right to make choices concerning their child. In the strictest sense, a child is property, and parents have dominion over property. It should never come down to the government forcing parents into action. All of this "save the children" activism was never alive for much of human history, and as a seventeen year-old, I fully appreciate it now, thank you, but lay off it. Parents should have total control over their children in cases where they may knowingly lose them.


If the purpose of government is to secure and protect the rights of its citizens, are they not also obligated to protect children whose rights are being violated, even if those violating their rights are their parents?

Now don't get me wrong, I'm not saying that the state should be running around removing children from homes, but I think your response is too far to the anti-liberty side. And you've done it all in the name of liberty. "Total control?" In my mind the liberty of citizens should be protected. And children are citizens.
Amlord
QUOTE(quarkhead @ Feb 18 2008, 04:13 PM) *
If the purpose of government is to secure and protect the rights of its citizens, are they not also obligated to protect children whose rights are being violated, even if those violating their rights are their parents?

Now don't get me wrong, I'm not saying that the state should be running around removing children from homes, but I think your response is too far to the anti-liberty side. And you've done it all in the name of liberty. "Total control?" In my mind the liberty of citizens should be protected. And children are citizens.

Of course, if the purpose of the government is not to secure and protect the rights of citizens, then your argument falls apart.

From my vantage point, the government's role is defined by the Constitution.

QUOTE
The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

To borrow Money on the credit of the United States;

To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;

To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;

To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;

To establish Post Offices and post Roads;

To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

To constitute Tribunals inferior to the supreme Court;

To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;

To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

To provide and maintain a Navy;

To make Rules for the Government and Regulation of the land and naval Forces;

To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;

To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;--And

To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.


Nothing in there about providing medical care. Nothing in there about securing and protecting the rights of the citizens. The government, by its very nature, usurps the rights of its citizens. It does so by consent of the governed, so I guess "usurp" is the wrong term.

The state government may have a different set of powers, but I doubt the words "secure rights" are involved.

Now, if actual abuse is inflicted on a child (or any other citizen) then the government has the duty to step in. Did anyone miss the part about the doctor looking at the boy and immediately releasing him?

To recap, somebody calls the authorities claiming that a boy needs treatment. The authorities storm in on two parents and six kids, handcuffing the adults. They then take the boy for treatment and the doctors immediately release him back to the parents, proving that the original reporter of abuse was wrong and the mistreatment of the family was at best ham-handed and at worst criminal.
VDemosthenes
QUOTE(quarkhead @ Feb 18 2008, 04:13 PM) *
If the purpose of government is to secure and protect the rights of its citizens, are they not also obligated to protect children whose rights are being violated, even if those violating their rights are their parents?

Now don't get me wrong, I'm not saying that the state should be running around removing children from homes, but I think your response is too far to the anti-liberty side. And you've done it all in the name of liberty. "Total control?" In my mind the liberty of citizens should be protected. And children are citizens.


The purpose of the state is to keep others from taking children from their parents. The government should never even think about doing it for them. The government is responsible for levying taxes, building bridges, and maintaining order. A dying child, while perhaps tragic, is not a source of radical or violent rioting and thereby not the government's responsibility when their legal rights belong to the parents.

Victoria Silverwolf
QUOTE(VDemosthenes @ Feb 20 2008, 09:32 AM) *
A dying child, while perhaps tragic, is not a source of radical or violent rioting and thereby not the government's responsibility when their legal rights belong to the parents.


I wonder how far you are willing to take this. If parents don't "believe" in doctors for whatever reason, and their child is about to die from something which could easily be treated with standard medical care, are you willing to say that government should not step in at all? Or let's go a bit further. Suppose our hypothetical parents think that killing a child in the name of some "belief" or other is a good idea. Should the government step in during such a situation? If so, why is this case different from the first case? Both seem like nothing other than human sacrifice to me.

Let me make it clear that in the present case under discussion, I would agree that the authorities went way, way beyond any reasonable behavior. This doesn't really have much to do with the whole question of parental rights; it's just another example (as Lesly points out) of the fact that the cops love to smash down doors and stick guns into your face without warning. This sort of thing is going to keep happening as long as we excuse it in the name of fighting "terrorism" or "drugs."

The power of the police should be more severely restricted than any other governmental power.

That doesn't mean that I can accept the idea that children are the "property" of their parents. Acknowledging that a severe abuse of governmental power happened doesn't mean that it's OK for parents to abuse their power.

VDemosthenes
QUOTE(Victoria Silverwolf @ Feb 21 2008, 04:27 AM) *
QUOTE(VDemosthenes @ Feb 20 2008, 09:32 AM) *
A dying child, while perhaps tragic, is not a source of radical or violent rioting and thereby not the government's responsibility when their legal rights belong to the parents.


I wonder how far you are willing to take this. If parents don't "believe" in doctors for whatever reason, and their child is about to die from something which could easily be treated with standard medical care, are you willing to say that government should not step in at all? Or let's go a bit further. Suppose our hypothetical parents think that killing a child in the name of some "belief" or other is a good idea. Should the government step in during such a situation? If so, why is this case different from the first case? Both seem like nothing other than human sacrifice to me.

Let me make it clear that in the present case under discussion, I would agree that the authorities went way, way beyond any reasonable behavior. This doesn't really have much to do with the whole question of parental rights; it's just another example (as Lesly points out) of the fact that the cops love to smash down doors and stick guns into your face without warning. This sort of thing is going to keep happening as long as we excuse it in the name of fighting "terrorism" or "drugs."

The power of the police should be more severely restricted than any other governmental power.

That doesn't mean that I can accept the idea that children are the "property" of their parents. Acknowledging that a severe abuse of governmental power happened doesn't mean that it's OK for parents to abuse their power.


I would say that, yes. Terri Schiavo was a botched attempt of the government to intervene. It should never ever do something so stupid as to try taking away the power to make decisions when the person is legally yours to attend.

So it's never acceptable for the government to infringe on a kind of power of attorney parents hold over children. It's not right and it's certainly not good government.
inventor
QUOTE(VDemosthenes @ Feb 21 2008, 01:21 PM) *
I would say that, yes. Terri Schiavo was a botched attempt of the government to intervene. It should never ever do something so stupid as to try taking away the power to make decisions when the person is legally yours to attend.

So it's never acceptable for the government to infringe on a kind of power of attorney parents hold over children. It's not right and it's certainly not good government.
wow what an excellent angle with Schiavo issue. There we allowed the courts and system to play itself out and then the republican politicians decided they knew better.

But lets say we have a religion that believes in very strict punishment to kids, to the point of severe beating, do we say oh well the parents know better?
Google
VDemosthenes
QUOTE(inventor @ Feb 21 2008, 04:50 PM) *
wow what an excellent angle with Schiavo issue. There we allowed the courts and system to play itself out and then the republican politicians decided they knew better.

But lets say we have a religion that believes in very strict punishment to kids, to the point of severe beating, do we say oh well the parents know better?


Well, we didn't decide; they did it for us. Much like the police seized the child without oversight.

Religion and government = separate. So in the strictest sense, the parents know better according to Separation of Church and State. Practically, if such a religion existed, it would likely make concessions to have mainstream support as the polygamists did. Although there are cults, family units, fringe groups, etc. that do condone such things. That's an example of government inability to reach all shadowy corners.
NebraskaMom
QUOTE(Lesly @ Feb 16 2008, 10:56 AM) *
Does admitting to being a "constitutionalist" make you a threat to the sheriff's department?
I don't understand this question.


From the article-"The sheriff said the decision to use SWAT team force was justified because the father was a "self-proclaimed constitutionalist" and had made threats and "comments" over the years."

VDemosthenes
QUOTE(NebraskaMom @ Feb 21 2008, 06:53 PM) *
QUOTE(Lesly @ Feb 16 2008, 10:56 AM) *
Does admitting to being a "constitutionalist" make you a threat to the sheriff's department?
I don't understand this question.


From the article-"The sheriff said the decision to use SWAT team force was justified because the father was a "self-proclaimed constitutionalist" and had made threats and "comments" over the years."


So let me see if I understand this context:

They felt justified breaking and entering, detaining, kidnapping, and violating paternal rights because the man believes in the Constitution? Since when did belief in liberty entitle others to take it away? ermm.gif
inventor
QUOTE(VDemosthenes @ Feb 22 2008, 07:18 AM) *
QUOTE(NebraskaMom @ Feb 21 2008, 06:53 PM) *
QUOTE(Lesly @ Feb 16 2008, 10:56 AM) *
Does admitting to being a "constitutionalist" make you a threat to the sheriff's department?
I don't understand this question.


From the article-"The sheriff said the decision to use SWAT team force was justified because the father was a "self-proclaimed constitutionalist" and had made threats and "comments" over the years."


So let me see if I understand this context:

They felt justified breaking and entering, detaining, kidnapping, and violating paternal rights because the man believes in the Constitution? Since when did belief in liberty entitle others to take it away? ermm.gif

No, I think it has to do with threats he has made in the past that I outlined. and chasing a guy down the street with an ax , which he was arrested for. so could indicate a hostile reaction from him.
VDemosthenes
QUOTE(inventor @ Feb 22 2008, 01:58 PM) *
No, I think it has to do with threats he has made in the past that I outlined. and chasing a guy down the street with an ax , which he was arrested for. so could indicate a hostile reaction from him.


I think any parent would arm themselves with a Serman tank to keep their child in their care. So I don't think the men with guns and legal stature get to decide when it's okay to take the offspring of an American citizen.
NebraskaMom
QUOTE(inventor @ Feb 22 2008, 12:58 PM) *
QUOTE(VDemosthenes @ Feb 22 2008, 07:18 AM) *
QUOTE(NebraskaMom @ Feb 21 2008, 06:53 PM) *
QUOTE(Lesly @ Feb 16 2008, 10:56 AM) *
Does admitting to being a "constitutionalist" make you a threat to the sheriff's department?
I don't understand this question.


From the article-"The sheriff said the decision to use SWAT team force was justified because the father was a "self-proclaimed constitutionalist" and had made threats and "comments" over the years."


So let me see if I understand this context:

They felt justified breaking and entering, detaining, kidnapping, and violating paternal rights because the man believes in the Constitution? Since when did belief in liberty entitle others to take it away? ermm.gif

No, I think it has to do with threats he has made in the past that I outlined. and chasing a guy down the street with an ax , which he was arrested for. so could indicate a hostile reaction from him.


Be careful here. From my reading in the local paper, I get a completely different understanding than what you are implying here. After a drug addicted former boyfriend of his daughter screamed obscenities on his property for 40 minutes and refused to leave, he chased him off his property with an ax. Someone did call the police, but he was never convicted of any crime. There are no other substantiated threats that I have read. If you have other details to offer, please provide a website. The sheriff seems afraid of people who take the constitution literally.

inventor
one example like this is enough, any law enforcement going in to meet a guy like this would be negligent to their officers to not think twice.

but you hit another interesting thing, please cite your source.

would be interesting... Can you tell us the age and if the former boyfriend was armed.... If he was chasing a an UN-armed minor down the road with an ax one could conclude he was a powder keg. See, first thing I would be doing is calling the kids parents.

obscenities do not rise to the level of force he then showed. hmmmm isn't that what we are talking about?
VDemosthenes
QUOTE(NebraskaMom @ Feb 24 2008, 06:36 PM) *
Be careful here. From my reading in the local paper, I get a completely different understanding than what you are implying here. After a drug addicted former boyfriend of his daughter screamed obscenities on his property for 40 minutes and refused to leave, he chased him off his property with an ax. Someone did call the police, but he was never convicted of any crime. There are no other substantiated threats that I have read. If you have other details to offer, please provide a website. The sheriff seems afraid of people who take the constitution literally.


See I think that changes things a bit. If the parents were arrested for crimes and then the child was given medical care, acceptable. If the parents were shoved in a closet while SWAT removed the child from the home, that's wrong.

Law enforcement in this country astounds me. zipped.gif
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