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RE: CPS: IT'S ILLEGAL, BUT PAY THE PENALTY BECAUSE YOU'RE A BAD MOTHER
I've been hearing that in other instances, too - that's when a judge thinks they're a legislator instead of a judiciary official. "It's not a law but it ought to be so I'm going to rule as if it's one."
Very glad for this mother that she was able to make enough of an outcry to defeat the system!