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Thursday, April 19, 2012

7. Due Process - Access to Records - Supreme Ct. Preliminary Ruling - Right to an Attorney

First Supreme Court Order on Release of Parental Records from a NH RSA 169-C Matter

"A Bill of Rights is what the people are entitled to against every government, and what no just government should refuse, or rest on inference." Thomas Jefferson

When you read this order please note the Supreme Court is sure to recognize the "Confidentiality Clause" under NH RSA 169-C:25; however, the Justice who signed it is not disclosed; it will be interesting to see if they uphold the law and their own rules covered and duly noted in Due Process Blogs 1-6. Otherwise, like the parental right to a court appointed attorney it may have to be pushed further.

Parental Rights to an attorney were taken away by the NH Supreme Court in July 2011 and remain unresolved and undecided by the Supreme Court it was previously given to parents under NH RSA 169-C:10

To learn more about a parents 6th amendment right to an attorney as grounded in their 14th amendment right of being deprived the liberty of ones child read up on it here:

Williams and Mary Law Review @

Individual States can not take away rights guaranteed by the Federal Government they can only enhance them.

It would appear that the Department of Children Youth and Families under the direction of the Department of Health and Human Services in conjunction with the New Hampshire Judicial System's closed door proceedings and the secrecy in hiding behind their Confidentiality Clause is exactly what our founding fathers hoped to dispense with.

"Rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others. I do not add 'within the limits of the law' because law is often but the tyrant's will, and always so when it violates the rights of the individual." Thomas Jefferson

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