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Who can You sue? - Suing child protective services

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  • mictech1
    Junior Member
    • Sep 2012
    • 1

    #31
    Re: Who can You sue? - Suing child protective services

    Need attorny to take back to court. a child abuse & neglect case. There is evidence that the case was miss handled , witheld tampered incriminating evidence. All Court proceders were done illegally. All court cases were not equaly divided. I think i might have some evidence of bribery. Someone had to been payed off to purposly throw the case. Because my xgirlfriend and her boy beat my son severly for almost 2 1/2 years. The judges cps and my attornies sat back and did nothing. My x girlfriend her mother and a few other people were cought numerous times lying undwr oath and the judge did nothing. She broke every court handed down to her. She was found guilty of three counts of child neglect and abuse and still then and in family court she was not fined or any jail time. And there is alot more to this case alot more

    Comment

    • josie3g
      Junior Member
      • Oct 2012
      • 1

      #32
      Originally posted by blyng7
      Good infomation on here! I am in the process of suing, due to illegal removal of child. preponderance of evidence needs to weigh OVER 50 percent that the abuse did occur, before they can LEGALLY remove a child. You will find this information if you google CAPTA laws governing CPS. These are the laws pertaining to social workers! highly recommended reading...You can also find information through Dr. Besharov. He has written to social workers about this very matter of being sued, as there is no such immunity that will save them from being sued if there is just cause. illegal removal of a child has the highest success rate for winning cases. "good faith" immunity is what social workers standards are set by. good faith flies out the window if you have a strong case and can prove otherwise. federal court findings will show that "no-one" has total immunity in these cases.

      I am corresponding with the ACLU, and a high profile attny who is not afraid and does go up against federal and state. Finding a lawyer to take the case can be difficult. my (civil) case is pending with counsel. I believe the social worker will also be criminally charged. unbelievable and sinful were a few choice words from my attorney after my appeal hearing. (I was substantiated without investigation) He could not/did not believe everything i was saying (for a full year) until he heard for himself! "unbelievable" is what he kept repeating. staying diligent throughout this broken/incompetent,secretive,manipulative system will either make you or break you. I prefer making it... and believe me, I WILL. this case will be moving forward as it is my turn to fight. and it WILL get exposure. maybe even a book in this case.

      I am now going to explore on attorney's who have won cps cases, for locating/gathering the best/strong advocates who know how to do the job effectively. If you have a strong case out there (and I know many do)... do not give up! Exposure will lead to change. If I had my way right now family court would be demolished. Social workers playing judge and jury? with children involved? I believe it is way overdue to invest some more money and effort into this...

      So MANY of the social workers are merely children! fresh out of school--no kids of their own -- advocating for the "best interest of the child" with OVERWHELMING case loads/time factors. Ya think?... can we now say...AGENDA's?

      Every little (ongoing) social worker would not investigate. they told me it was NOT their job... I told them there was a huge mistake made and to please reveiw pertinent data and records which we (Dr. myself, family and friends) had. No go... for a solid year and a half.

      I told them -- for instance: your doctor is going to amputate your legs. New info comes in to show it is not warranted. The Doctor doesn't care. He doesn't make mistakes. His verdict is in and he amputates!
      What a shame...

      My case was dismissed in a court of law and I made the appeal (anyone with ONE BRAIN CELL could have figured this out immediately!) It has been 7 months and still awating verdict. I believe this is called covering your ---. my intentions were made known (so i could bank that the hearing officer knows).

      The trauma from this has been immense. I suffered everyday only to be beaten again and again. The case just recently closed. No more bullying. No more lies. No more deception. No more disrespect. No more slander. No more libel, etc. etc.

      The truth shall set you free... in my case, it is not an option. it is closure... to stop the pain.
      Hi,
      First of all I truly feel your pain. I wouldn't wish this suffering and degradation on my worst enemy. I am very interested in any further development of your story. I appreciate your candidness, and we need ALOT more assertive people to stand up against this consciousless department that is held unaccountable for their gross misconduct and destruction of families. My two year old grandson was removed from my home, because of a neglect allegation on my 24 year old daughter. My daughter was not living in the home at the time and I have had no abuse or neglect charges against my beloved grandson. Yet police came along with a CPS witch one evening, and pulled him out of my home. I have to make appointments to visit him in a supervised setting. Why????? I am watching him wilt before my eyes and I've been helpless thus far. He's gone from an outgoing, happy, joyful little boy to a lifeless human with the trust gone from his eyes. I pray for God to avenge Ricky's unjust suffering. I hope to further communicate with you on our stories. Peace.....Josie

      Comment

      • DeenaBerry
        Junior Member
        • Oct 2012
        • 1

        #33
        Re: Who can You sue? - Suing child protective services

        Thank you for the efforts you been putting on making your site such an interesting and informative place to browse through.

        Comment

        • Unregistered

          #34
          Please if you could give me information on the lawyer you are dealing with I would greatly appreciate it. My husband,my family and I are going through the most illegal case right now with dyfs that lawyers are afraid to take it and say that its just to big for them. The judge is bias,my children were taken illegally,they have altered and hidden a lot of records and my children are suffering. Please let me know the name of the lawyer you are working with my email is [email protected]
          Originally posted by blyng7
          Good infomation on here! I am in the process of suing, due to illegal removal of child. preponderance of evidence needs to weigh OVER 50 percent that the abuse did occur, before they can LEGALLY remove a child. You will find this information if you google CAPTA laws governing CPS. These are the laws pertaining to social workers! highly recommended reading...You can also find information through Dr. Besharov. He has written to social workers about this very matter of being sued, as there is no such immunity that will save them from being sued if there is just cause. illegal removal of a child has the highest success rate for winning cases. "good faith" immunity is what social workers standards are set by. good faith flies out the window if you have a strong case and can prove otherwise. federal court findings will show that "no-one" has total immunity in these cases.

          I am corresponding with the ACLU, and a high profile attny who is not afraid and does go up against federal and state. Finding a lawyer to take the case can be difficult. my (civil) case is pending with counsel. I believe the social worker will also be criminally charged. unbelievable and sinful were a few choice words from my attorney after my appeal hearing. (I was substantiated without investigation) He could not/did not believe everything i was saying (for a full year) until he heard for himself! "unbelievable" is what he kept repeating. staying diligent throughout this broken/incompetent,secretive,manipulative system will either make you or break you. I prefer making it... and believe me, I WILL. this case will be moving forward as it is my turn to fight. and it WILL get exposure. maybe even a book in this case.

          I am now going to explore on attorney's who have won cps cases, for locating/gathering the best/strong advocates who know how to do the job effectively. If you have a strong case out there (and I know many do)... do not give up! Exposure will lead to change. If I had my way right now family court would be demolished. Social workers playing judge and jury? with children involved? I believe it is way overdue to invest some more money and effort into this...

          So MANY of the social workers are merely children! fresh out of school--no kids of their own -- advocating for the "best interest of the child" with OVERWHELMING case loads/time factors. Ya think?... can we now say...AGENDA's?

          Every little (ongoing) social worker would not investigate. they told me it was NOT their job... I told them there was a huge mistake made and to please reveiw pertinent data and records which we (Dr. myself, family and friends) had. No go... for a solid year and a half.

          I told them -- for instance: your doctor is going to amputate your legs. New info comes in to show it is not warranted. The Doctor doesn't care. He doesn't make mistakes. His verdict is in and he amputates!
          What a shame...

          My case was dismissed in a court of law and I made the appeal (anyone with ONE BRAIN CELL could have figured this out immediately!) It has been 7 months and still awating verdict. I believe this is called covering your ---. my intentions were made known (so i could bank that the hearing officer knows).

          The trauma from this has been immense. I suffered everyday only to be beaten again and again. The case just recently closed. No more bullying. No more lies. No more deception. No more disrespect. No more slander. No more libel, etc. etc.

          The truth shall set you free... in my case, it is not an option. it is closure... to stop the pain.

          Comment

          • Unregistered

            #35
            Originally posted by Unregistered
            From my own personal experience, there is not a lawyer that will take case dealing with a state agency nas such CPS or DHS. Why??? Because they all slap high 5's with each other.
            State records are that are full of false information including birthdates, location of all parties/relatives....and even false documentation of marriages. My list can go on...
            False allegations remain on record even tho the state withheld evidence that the allegations were unfounded...
            If you are honest and tell the truth...the law does not work in your behalf.
            Judges, lawyers, CPS are all crimminals that destroys innocent peoples lives. It is all a game to them. How else can they hold their positions or make money???
            and there is ways you can pray them off you. get a notarized statement from doctor that they are running your body down.

            Comment

            • Unregistered

              #36
              Originally posted by blyng7
              Good infomation on here! I am in the process of suing, due to illegal removal of child. preponderance of evidence needs to weigh OVER 50 percent that the abuse did occur, before they can LEGALLY remove a child. You will find this information if you google CAPTA laws governing CPS. These are the laws pertaining to social workers! highly recommended reading...You can also find information through Dr. Besharov. He has written to social workers about this very matter of being sued, as there is no such immunity that will save them from being sued if there is just cause. illegal removal of a child has the highest success rate for winning cases. "good faith" immunity is what social workers standards are set by. good faith flies out the window if you have a strong case and can prove otherwise. federal court findings will show that "no-one" has total immunity in these cases.

              I am corresponding with the ACLU, and a high profile attny who is not afraid and does go up against federal and state. Finding a lawyer to take the case can be difficult. my (civil) case is pending with counsel. I believe the social worker will also be criminally charged. unbelievable and sinful were a few choice words from my attorney after my appeal hearing. (I was substantiated without investigation) He could not/did not believe everything i was saying (for a full year) until he heard for himself! "unbelievable" is what he kept repeating. staying diligent throughout this broken/incompetent,secretive,manipulative system will either make you or break you. I prefer making it... and believe me, I WILL. this case will be moving forward as it is my turn to fight. and it WILL get exposure. maybe even a book in this case.

              I am now going to explore on attorney's who have won cps cases, for locating/gathering the best/strong advocates who know how to do the job effectively. If you have a strong case out there (and I know many do)... do not give up! Exposure will lead to change. If I had my way right now family court would be demolished. Social workers playing judge and jury? with children involved? I believe it is way overdue to invest some more money and effort into this...

              So MANY of the social workers are merely children! fresh out of school--no kids of their own -- advocating for the "best interest of the child" with OVERWHELMING case loads/time factors. Ya think?... can we now say...AGENDA's?

              Every little (ongoing) social worker would not investigate. they told me it was NOT their job... I told them there was a huge mistake made and to please reveiw pertinent data and records which we (Dr. myself, family and friends) had. No go... for a solid year and a half.

              I told them -- for instance: your doctor is going to amputate your legs. New info comes in to show it is not warranted. The Doctor doesn't care. He doesn't make mistakes. His verdict is in and he amputates!
              What a shame...

              My case was dismissed in a court of law and I made the appeal (anyone with ONE BRAIN CELL could have figured this out immediately!) It has been 7 months and still awating verdict. I believe this is called covering your ---. my intentions were made known (so i could bank that the hearing officer knows).

              The trauma from this has been immense. I suffered everyday only to be beaten again and again. The case just recently closed. No more bullying. No more lies. No more deception. No more disrespect. No more slander. No more libel, etc. etc.

              The truth shall set you free... in my case, it is not an option. it is closure... to stop the pain.
              MY children and I had a really bad case. My 3 girls were victims of sexual abuse by my father. We were seperated bcuz I became depressed. We had to move to a shelter bcuz our lives were threatened. Somehow I was just not myself and i was accused of being neglectful bcuz i wasnt watching their every move. Being seperated @ such a time was so traumatizing. I ended up using alcohol often. Finally Im told I can get them bck if I move into a Lodge for single moms n their kids. The social worker removed them from me 3 times. She was very insensitive. All they did was bounce my little girls around. They were even abused at a foster home. Finally my court appointed attorney tells me to relinquish my rights. Because the state was going to terminate. I dont know how it got to that point. I called the police and cps for help. Now i was a bad parent. Because what? I couldnt handle the idea my father and his friends pleasured themselves with my daughters? Im not going to apologize for that. The state focused more on keeping us apart than anything. My middle child became suicidal because she just wanted her mommy back. It tore her heart to pieces. Her other sisters became numb while she acted out in bad behavior. So I signed my rights away convinced it was my only choice. After my two girls get adopted , their sister is seperated from them. I then found out from the adopted parents that i was lied to. In fact, cps had no intention of terminating my rights. The attorney lied to me to get us out of his way. We were a "free" case. I want to fight this. I want my rights back to atleast my middle child. Her sisters are happy now wth new family. But this girl is still in the system. I want financial compensation for all of our pain and suffering. This was ugly. Had I known better I would have taken matters into my own hands and killed the bastards. Maybe got away. Maybe not. What a nightmare its all been

              Comment

              • Unregistered

                #37
                Originally posted by Unregistered
                It is technically allowed but the immunity level is very high and unless something outrageous occurred you will not prevail. You can file judicial complaints with the State Boards of Review.
                Although the immunity level is high, recent investigations have found that more than 50% of CPS social workers overstep their bounds and are having problems determining when they are truly needed. Don't be fooled, they are sued all the time and lose quite a bit for abusing their power, violating the civil rights of families, and false accusations.

                Comment

                • Unregistered

                  #38
                  Re: Who can You sue? - Suing child protective services

                  Everyone needs to understand that it is not hard to sue CPS. Why? Because there are integrity issues involved when social workers, who are State Government Employees, lie! State employees are held to high integrity standards. Social workers lie because it looks unfavorably upon them when they try and take a child and find out they were wrong about child abuse occurring. Instead of being happy that Child Abuse did not occur, they try to make themselves look good because they are worried about their job. They forget they are social workers and think they are law enforcement. CPS is needed to catch real child abusers, but the decision makers should be law enforcement officials. Most social workers are unqualified and incapable of making good decisions pertaining to the determination as to whether a child should be removed. This power is too much for social workers who simply are not trained. The power needs to be given to law enforcement officials who are more qualified in detecting the criminal element. There will be a new movement to change CAPTA laws in Maryland due to so many people being falsely accused. Remember, if you don't sue you are only supporting a broken system. The more law suits, the more this inept Agency called CPS will cease ruining the lives of family and children. And most importantly, when you are innocent, the social worker lied.

                  Comment

                  • Unregistered

                    #39
                    Re: Who can You sue? - Suing child protective services

                    Can you please let me know the name of an attorney that will take a case like this?

                    Comment

                    • Unregistered

                      #40
                      Re: Who can You sue? - Suing child protective services

                      My son was removed from a Waterville Maine hospital by DhHS worker's Joanne Cookson and Kim Miller from Skowhegan Maine in March of 2001. My ex husband and I had separated and domestic violence was a concern of the Departments. My son was placed into foster care and I was following the State's recommendations to bring my son's back home. The transition was going well. I had home visits with Caide three to four day's per week and there was talk about transitioning my son into my home for reunification placement. Then one day my son arrived at a visit and when changing him the supervisor and I found what appeared to be ten bruises five on each hip. It took an act of Congress to get Joanne and Kim to send a worker to evaluate my son. When the worker arrived the recommendation was that Caide be seen by the States professional child abuse examiner Dr Ricci however I was not allowed to attend the evaluation. Dr Ricci apparently spoke with the foster parents and believed that Caide received the finger marks from the exersaucer Caide often played in. I had a hard time to believe this story having had two other boys and knowing better. I begged DHHS not to send my son back to that home. After a huge ordeal thr\e Department agreed however a short while later I was told the new home was pre adoptive. I felt and still feel that this was a punishment because of my complaint. I think aboiy my report everyday and in my heart I know that I was right making the report however it kills me to know that there is a possibility if I hadn't I would have my baby as I write this. It was pretty clear that Joanne Cookson and Kim Miller didn't take my complaint seriously and continued placing children in the home of an abuser. If the State had listened to how I was feeling and really looked into my complaint and if De Ricci would have met with me more children could have been saved from this mans abuse, DHHS took my son from me to protect him from possible abuse only to put him in a home where he and several other children were being abused and continued to be abused with the Skowhegan Department of human services knowing full well my sons marks were more than just from an exersaucer. The following summer after my tights to Caide had been terminated by the Skowhegan District court I read an article in the paper. The article stated that the foster parent had been convicted of abusing children and was to serve several years in jail. DHHS could have prevented more children from being abused.

                      I went to work and read this in the paper...Dale A. Vincent, 45, was indicted earlier this month by the Penobscot County grand jury on eight counts of gross sexual assault and 14 counts of unlawful sexual contact.

                      I have been emotionally torn for years. I called Joanne Cookson and I was told that I was overreacting. Do I have the right to sue the State of Maine. My baby was taken to be protected yet he was abused and when I complained I was punished and he was placed into a pre adoptive home. Please help me.

                      Comment

                      • Disagreeable
                        Top Level Member
                        ☆☆☆☆☆☆☆☆☆☆☆☆
                        • Oct 2012
                        • 15549
                        • United States

                        #41
                        Re: Who can You sue? - Suing child protective services

                        As your parental rights were terminated, you had a limited time to appeal and maintain any rights. That time is long gone.
                        Due to a recent promotion, I should now be referred to as Major Obvious.

                        I would not be trying to provide information and knowledge if I did not sympathize.

                        Some days it is just not worth chewing through the restraints to face life.

                        Comment

                        • Unregistered

                          #42
                          There is this employee that works for Dcs as we call it in Memphis tn. She is my children's dad other baby mom from a previous relationship and basically she has been harassing me about him and talking about my children which she doesn't know anything about because we are not around her. Anyway we have been having words because she had been constantly picking and saying she can get my children taken away from me because she works for DCS and I told her that I was going to take legal action if she didn't stop it and she was like good luck. So again she started picking with me again and I went off on her and she started saying the same thing that I told her about taking legal action and she got my information through their system and tried to file a temporary order of protection against me which was dismissed. When I asked the judge how is it that she provided my ssn when she is not suppose to have it and she told the judge that she works for a lawfirm for DCS and she didn't have any info on me so her boss looked up my info an gave it to her. I called her boss and her boss said that she never heard of me. I wanted to know if I can sue for invasion of privacy because she shouldn't be able to just look up people personal info such as my ssn and get away with it.

                          Comment

                          • Unregistered

                            #43
                            Originally posted by Unregistered
                            Can a person sue a state child protective service often referred to as DHS or CPS or other names? And I don't mean a certain office but the entire state run program? Can they be held accountable at all for their actions like in a civil court for wrong doing and pain and suffering? Also can you sue a judge of a custody case in civil court and if so what are the circumstances it would have to be under? Reporting a judge to a complaint board of wrong doing is that the only course of action available? Now if you have answered yes to either of these situations where would I find a lawyer brave enough and smart enough to handle a case like either of these?
                            Yes, it is done all the time.

                            Comment

                            • Unregistered

                              #44
                              Re: Who can You sue? - Suing child protective services

                              It is not hard to sue a State Agency! Sometimes I wonder where people get their information. States are sued all the time and so are CPS Agencies for negligence. Negligence in regards to a CPS worker means, not doing their job! Remember, you can find a lawyer to do anything if you look hard enough. However, CPS does have a right to take your children if they feel they are being abused. Additionally, they must investigate reports. If you abused your children you need to have them taken away from you-PERIOD! You have no right to sue.

                              CPS does not have the right to take your children without proper evidence and they do not have the right to falsely accuse anyone of abuse, lie in court, harrass you when they don't get their way, and bully or intimidate you. Taxpayers pay CPS to act in a professional manner and make GOOD DECISIONS REGARDING CHILDREN. When they don't make good decision or act in an inappropriate manner, they need to be sued. When they lie, they need to be sued. When they harrass, intimidate, and bully parents, they are not doing their job and need to be sued. When they don't do their job, they need to fired. If they lie to the court they need to be put in jail---PERIOD!

                              Comment

                              • Unregistered

                                #45
                                Re: Who can You sue? - Suing child protective services

                                Okay I've read most of the post on here. I am sick of what this Department has done to folks.
                                Take our case.
                                My Granddaughter has a rare skin disease. She breaks out in a super red on her private area. She has being taking to so many doctors and none of them knew what it was! She was removed three times from us. The first case was proven unfounded by DSS and all parties were relieved for duty. Not even five months went by and they took her again. This time I took her right away to the emergency rooms two of them that night. One day later I took her to DSS doctor. So I called a lawyer. All three said there was no abuse! But they still didn't know why she was so red. After advise from the lawyer I brought my granddaughter home. Even though I signed a Family Plan with them under distress. While she was with us I processed to take her to a dermatology after DSS doctor told me too. I did and that's when we found out what she had. That day I took her the dermatologist they said she need medicine right away. I processed to take the script to the pharmacy and get it filled. Mean while DSS showed back up with a court order to remove my granddaughter once again. I was unable to get the medicine duethat my son said they were looking for us! I rushed right home. Handed the papers the Doctor had given me to give to them! He said what was wrong with the child skin disease and there was NO ABUSE HERE!! I had told the supervisor that they needed to pick the medicine up from the pharmacy right in front of the Sheriff's Department and three family members and the other casework who was there I made sure I repeated myself five times before they left with my granddaughter.. NOTE: (They did not pick the medicine up till five days later! After the judge gave my granddaughter back to us. DSS picked the medicine up a hour and half after the judge said to return her to us. “I have prof!” And the child put the medicine on by herself! Her medicine never came home with her!!) She had no medicine she suffered for five days while in foster care, the foster care people didn't even try to help my granddaughter!!!
                                Everything they were trying to get us on has been proven unfounded again. At least we tried to help the baby! (No Police Investigation has taken place in this case!!!)
                                This child ran from DSS saying NO ONE TOUCHED ME, DON'T TAKE ME, RUNNING TOWARD THE WOODS. WHAT THE HECK ARE THESE PEOPLE TRYING TO DO!!!! Once again they have harassed us to the point they wanted every male member in my family to do a sexually evaluation. Even after my lawyer told them not to come to our home without calling them first. They have been there seven times giving my husband paperwork after paperwork. I'm at my end if they keep it up I'm going to sue each and everyone in this case! I don't care what happens to them or this Department we all need to stand up to them once in for all. Not just state by state but world wide! These people need to do their research and have a degree in Criminal Investigation. They don't know what they are doing. Half of them are just plain darn mean and are not Licensed to be a CASEWORKER! They say there for the children. But how can they be. Most of the children are taking for no reason at all and still in foster care! WHY! If there is no signs of abuse how can they just keep taking kids! They even told me if a child that wets themselves at night that is a ABUSED Child! These people are sick and we are all just letting them by with it!
                                If you are willing help stop them email me at [email protected]

                                I don't care who gets this email. I'm sick of these people hurting families not just mine but yours too!!
                                There’s' got to be a way to get them to do the correct job!! Help change the LAWS of DSS!!!
                                Someone out there CARES!!!!!!

                                Comment

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