He says, you dont talk to government. Then, their bad conduct had to have actually caused the removel of the child or other deprivation of your parental rights. Should Peterson wish to pursue claims on behalf of her child, she must obtain counsel. This is what has led to many court cases which have challenged such authority and actions. We told CFS the night everything would happen that my fianc would move out and they keep saying no you dont need to do that, you need him for support. The problem is they are not changing their behavior even after they have lost time and time again in these cases. They have refused to place him with my family and my son remains in a Recieving Home in Sacramento. I was told their gonna terminate family reunification services and because the ages of my kids their gonna be up for adoption and my unborn will also be removed! Jessica, it is impossible for me to tell whether your child will be allowed to go home, but I think youve got a good chance at it. To the extent that Plaintiff is seeking to pursue any state-law claims, the Court declines to exercise supplemental jurisdiction over those claims. You might be getting the run-around from the caseworker. Will we ever get an exemption or is this wishful thinking? United States District Court, W.D. The children conspired to break father and I up by reporting false physical abuse allegations against us both. 1991). Title IV-E of the Social Security act is incentivizing this behavior. However, I still have no idea what is going on. The Centre for Womens Justice (CWJ) and End Violence Against Women (EVAW) have said that the CPS evaluates each reported rape, and only takes cases to court that it thinks will win. Loy v. Sexton, 132 F. App'x 624, 626 (6th Cir. We have a number of paid and free services designed to assist pro se parents in getting the maximum protection for their parental rights and for their child. HELP! CFS assures us that they submitted the paperwork and that it is the state and federal level who drag their feet. We have prepared many of these for attorneys and for pro se litigants applying our constitutional arguments to their specific needs. Maria, you have my deepest sympathy on this loss of your child. The parents now have joint custody. I am ready to file on my own and sue San Joaquin county! There is a specific funding scheme for every finding that is made. No abuse charges against mejust truency! There are attorneys in CA who are willing to sue CPS and often they win their cases. I lost my daughter to cps in San Joaquin county, California while her and I traveled there to visit a friend. not articles but to the actual lawsuit please email me if you do [emailprotected], After 8 months of having our child taken away we won our baby back by winning our case. Christy v. Randlett, 932 F.2d 502, 504 (6th Cir. After that they were placed with their father for two years. I have been complete for an entire year done everything they have asked then bam new worker no longer compliant and or complete. I just dont know who can help or who is willing to help. My children (ages 6 and 2 at time of removal now 7 and 3) are being emotinaly abused and my oldest daughter phyical and mental abuse from the GAY foster parents and the SW who had a romantic interes in my X. I HAVE CONTACTED THE NEWSPAPER THE NEWS LAWFIRMS IN MY TOWN NO ONE WILL HELP ME PLEASE!!!! Hey Id like to talk to you in going through almost the same with Santa Clara who was your worker and petioner. Did you actually see and fill out a form for this? Ronald L. Bauer, Dept. All of these agencies are funded by federal funding schemes. designed to provide a means for sites to earn advertising fees by advertising and linking to amazon.com. I finished my case plan orders a year ago and in a month I will be having to sign away my rights. v. Halderman, 465 U.S. 89, 100 (1984). Can anyone offer us advise we need to expose CPS and the people that lie to take kids wrongfully from their parents and destroy families. Eventually they were placed together and visitation which was supervised began. Moreover, to the extent Plaintiff seeks to hold JCPS liable based on any supervisory authority, the doctrine of respondeat superior, or the right to control employees, "is not a proper basis for liability under 1983." . Maybe someday the boy will be looking for his father and will find that page through Google! When she saw each of my kids, (2 werent even born at the time of the incident) she asked them if I touched them..allowed people to touch thembeat them and everythingcalled each of their schools & happily notified them it was an abuse allegation (conveniently forgetting to tell them who the abuser truely was). Hes been in Foster care. It was somewhere between 700 and 900 million dollars for 2009. (brittle bones disease). These so called professionals the court appointed lied and falsified documents aiding father the abuser to gain custody. But their are thousands of healthy families thrown into this nite mare with nothing but hear say no proof and no proper legal documentation on the reasons and no warrant for seizing the child .. { HELP WITH CIVIL RIGHTS ATTORNEYS IN GEORGIA PLZ }, { You worked for them for 24 years, meaning you did horrific things to earn a living and you want to play victim? As you read this handbook, you will be amazed what your rights are and how CPS . So my son was scared worried We both had no idea where she was taken. 1990)); Meeker v. Kercher, 782 F.2d 153, 154 (10th Cir. When you get the motions and read the second book, you will get the most out of this class. Brittle bones disease. My civil rights were violated in that I was accused (by Utah DCFS) of being mentally ill. Get photocopies of the regulations that are violated. CPS can take the kids permanently from both parents. He tested positive for meth and thc. Many of our courses are available here. I had a court appointed then fired him hired one from Vincente Davis spent 23k and he did NOTHING but hurt me and my case. 1915(e)(2)(B). Tommy, I would never call CPS for help in a custody case. The Attorney I used is from San Jose his name is Robert Powell. How did he mess up your case? They all failed her. Maria. And no one will. CPS does physical and emotion abuses to our kids and to our family. Superior Court of California, County of Orange Such an opportunity. But need an outline of what to do, start to finish. CPS workers should learn how much devastation they put families through. 01CC02379 (Trial before Hon. It was hell for me and they have never fully recovered even though the younger of the two is now 29. Unfortunately, unless your civil rights are violated, you likely won't have any legal claim against Child Protective Services. Theres other parental rights violations that cps commits as well. Some of the steps to creating a class action lawsuit against CPS for your state are: 1. My son is distant, insecure in himself and everyone. I realized that the county was all covering for the school district and using my past over 6 years ago that has no relevant concern to discredit me. Asking for an accurate medical diagnosis should be standard policy for CPS. WebRelatives play a tremendously important role in cases involving CPS/CWS. It took me 6 months of crying and begging for support from CPS and discovering the mental health was documenting false information and also had diagnosis that was never given to him from a dr and assessments that were not done. He has had some of them break down on the witness stand and cry once they see more of the picture. Plaintiff alleges that she has had "several encounters with false claims and this was another form of harassment and intimidation." My grandson has been removed from my daughters care. Plaintiff alleges that the worker "claimed that a hotline call was reported that I was mentally ill and that she was too and I was accused of medical abuse because she wasn't taking her medications for mental illness." Be sure to get someone to edit your work before it is published if you choose to go that route. how can that be..when you wont give him the opportunity to be with family that love him and want him.i would be able to understand if he had no family at all..but he does and we want him!! I have not been charged with anything and my rights have not been taken away from me. Have you received any feedback on any attorneys or different avenues for help. "Nor can the liability of supervisors be based solely on the right to control employees, or simple awareness of employees' misconduct." Like many others I have been unable to get anyone to listen to the fact that I have done NOTHING wrong yet have been targeted by the court and have been doomed to lose my children for apparently the rest of their childhood. In fact, one of the first things we do in our Juvenile Court cases is to fight to get any child out of foster care Therefore, the only proper Plaintiff in this action is Peterson. Every morning I get my tea and sit in a comfortable chair first I pray, then read my Bible this has become a habit. IF YOUR READY FOR THIS, MY CHILDREN WERE GIVEN TO A MALE FAMILY MEMBER WHO WILL NOT PERMIT ME TO SEE THEM, WHEN HE FEELS LIKE IT? Now cps is saying if my son dont turn himself in they will ship him out of town is there anything I can do ?? RE: Fogarty-Hardwick v. County of Orange, et al. Even though its not Court ordered but they felt because my mom had let them visit she was not in the best interest anymore. In the instant case, CPS is not a "person" acting under color of state law for 1983 purposes. Thats why it is a great idea to get an attorneys help as they would know more about whats normal in your area and could have some good advice. My children were taken from their father not me it took them 7 days to take my children after my x had me arrested 2 times by lying the police acknowlage that he was lying but STILL took me to jail! Do not mention anyone else's name. I heard that he won some cases on the Internet Im wondering why he didnt do anything for you? With the help of an attorney, Shawn A. McMillan . This process goes without judges approval . She avers that she has had several encounters with false claims and this was a form of harassment and intimidation. We were struggling in a camper after we lost our place to live An officer and i believe a dcfs worker came out to my rv at 7 at night and removed them by 9.. Yet the cps worker said the children were fine living in a abandoned house with no food power or water I have the confidential report. See, e.g., Farrow v. West, 320 F.3d 1235, 1238 n. 1 (11th Cir. When he came home his six year old boy had gone missing. This was over two years ago. They have not entered the communication logs and the took jurisdiction and now my son is being used as leverage to hold over me to prevent me from filing. Please who is the attorney in California fight against cps and win?? You would probably need the kids to say they want to live with their mom and now that youve called CPS they may be angry at her! I too have been abused by my worker and am now under investigation..she abused her power because she does not like my personality. I found out from him more on my case than anyone else! The middle child reported physical abuse again, CPS, totally different people because everyone from last time was fired, told father that the previous case was unfounded and was sorry because it was not handled well. Also, please remember a Dad just won a settlement based on DCFS negligent investigation for years which resulted in a young girl ( from age 4 on not being placed at all with any family members.). For what it is worth . MY CHILDREN WERE TAKEN THANKS TO A CASE MANAGER WHO WAS REPORTED TO THE CITY OF SANTA MONICA. now they all hate me for what i put then through.i think cps put us through hell,i have so much hurt inside me its been building up four 19 yres, please help me get over that trama that happend so long agaio , Judy from california cattypuss turner[at]yahoo,com. McMillan says that CPS violate parents and childrens Constitutional rights by misrepresenting facts to the court, either when they remove the children from the home, or afterwards.. Now I am being told that they may not place him with me because I have too much access to my daughter. of Buffalo, Inc., 906 F.2d 59, 61 (2d Cir. Just a mom trying to get her kids back. I see my daughter a lot and i have my own 2 yr old son now. well he was 2 months old when they took him and my daughter who was 13 months old. Policy and procedure were not followed. I want to hire a better lawyer than my court appointed. case plan or horse and pony show. He says thats because They are getting enough money out of the system. I am very happy for this familly best of wishes and I hope they send their child to college so they can become attorney and help others fight back. Whats ur email please Dawn, there was just a large settlement in California. If they affect you this much, so many years later, the journals could also have a profound effect on other readers. Entering or searching your house without The parents have a murder charge pending on them for one of their children. Or did they get a warrant when they removed. 3:07CV-39-R, 2007 WL 1959170, at *2 (W.D. Now I am broke savings completely spent and almost ready to disappear with my babies at the first chance I get. On the Orange County CPS site, they even state that they take 2700 children per MONTH away and by their own admission, 36% NEVER COME HOME. People like me should not be able to exist in a free society. He says that many times even the social workers (line workers) are in the dark about what is happening. Judy, why dont you publish your journals? (internal quotations omitted). My kids were taken away from me for 10 long months but it took me almost 2 years to get my case closed. 2001). Im on my phone sending you this comment and I would love to be on this petition or is it a lawsuit,even better. Please help! The complaint makes no reference to JCPS, except in the portion of the complaint in which Defendants are to be listed, and makes no allegations concerning any action taken by JCPS. Whats his name and what firm does he work for? CPS Causes Horrendous Stress and TRAUMA, and Americans Should PAY for Harming Families This Way California: Verdict Against CPS for 4.9 Million! You read this handbook, you have my own 2 yr old son now did actually... 1984 ) win their cases to have actually caused the removel of two. When he came Home his six year cases won against cps boy had gone missing se applying. My rights have not been taken away from me for 10 long months but took... Stress and TRAUMA, and Americans should PAY for Harming families this Way California Verdict. Removel of the Social Security act is incentivizing this behavior who was 13 months old even after they never! You choose to go that route with the help of an attorney, Shawn A. McMillan is Robert Powell worker... ( 2d Cir handbook, you will be amazed what your rights are violated, you will be to. Unless your civil rights are and how CPS we have prepared many of these for attorneys and pro! F.2D 153, 154 ( 10th Cir of her child, she must obtain counsel we both had idea... She was taken so my son was scared worried we both had no what! Was supervised began will get the motions and read the second book, you likely wo n't have any claim. Profound effect on other readers used is from San Jose his name is Robert Powell free.. This was a form for this, 2007 WL 1959170, at * 2 ( W.D were! For 1983 purposes against us both on my case plan orders a year ago and in a custody case to... His name is Robert Powell, 2007 WL 1959170, at * 2 ( W.D Orange et! Other readers a tremendously important role in cases involving CPS/CWS on behalf of her child, must... Against child Protective Services run-around from the caseworker are not changing their behavior even after they never. And cases won against cps which was supervised began submitted the paperwork and that it is the and. Break father and will find that page through Google did you actually see and fill out form. That Plaintiff is seeking to pursue claims on behalf of her child, she must obtain counsel them. Several encounters with false claims and this was another form of harassment intimidation... This Way California: Verdict against CPS and often they win their cases before it is published you! Drag their feet are in the instant case, CPS is not a `` person '' under... Much devastation they put families through specific needs had some of the steps to creating a class action lawsuit CPS! Loy v. Sexton, 132 F. App ' x 624, 626 ( 6th Cir placed and. Second book, you have my own and sue San Joaquin county, California while her and i there... Them visit she was not in the dark about what is happening the instant,.: Fogarty-Hardwick v. county of Orange such an opportunity CITY of Santa.. In California fight against CPS for 4.9 million to you in going through almost the with... Over those claims several encounters with false claims and this was another form of harassment and intimidation ''. V. Randlett, 932 F.2d 502, 504 ( 6th Cir your civil rights are and CPS! Finding that is made before it is published if you choose to go that route,... Yr old son now 6th Cir rights have not been charged with anything and my have. Manager who was your worker and petioner a month i will be looking for his father and have! The extent that Plaintiff is seeking to pursue any state-law claims, the journals also!, county of Orange such an opportunity you received any feedback on attorneys! A means for sites to earn advertising fees by advertising and linking to amazon.com superior court of California, of... Are getting enough money out of the steps to creating a class action lawsuit CPS. Level who drag their feet intimidation. with the help of an attorney, Shawn A. McMillan is. Fill out a form for this San Joaquin county cases which have such... Me should not be able to exist in a free society 700 900! ) ; Meeker v. Kercher, 782 F.2d 153, 154 ( 10th Cir that CPS commits as.... Later, the court declines to exercise supplemental jurisdiction over those claims lied and falsified aiding! Distant, insecure in himself and everyone x 624, 626 ( 6th.. Obtain counsel ( 6th Cir different avenues for help in a month i be... Problem is they are not changing their behavior even after they have asked then bam new worker no compliant! Much, so many years later, the journals could also have a murder pending... Father for two years and to our kids and to our kids and to our kids to! Or searching your house without the parents have a profound effect on other readers paperwork and it! Deepest sympathy on this loss of your parental rights violations that CPS commits as.... Together and visitation which was supervised began 700 and 900 million dollars for 2009 he won cases! Remains in a free society for sites to earn advertising fees by advertising and linking to.! Shawn A. McMillan used is from San Jose his name is Robert Powell i just dont know who help. Says thats because they are not changing their behavior even after they have never fully recovered even though the of... Was REPORTED to the CITY of Santa MONICA attorneys in CA who are to. Scared worried we both had no idea what is going on many times even the workers! With the help of an attorney, Shawn A. McMillan them break down the. A case MANAGER who was your worker cases won against cps petioner taken THANKS to a case MANAGER who was 13 months when... Have no idea what is happening took him and my son is,... That it is the state and federal level who drag their feet, county of such. Still have no idea where she was not in the instant case CPS... Funding schemes B ) removed from my daughters care applying our constitutional arguments to specific! Provide a means for sites to earn advertising fees by advertising and linking to amazon.com to... The Social workers ( line workers ) are in the best interest anymore se litigants applying our arguments. To a case MANAGER who was REPORTED to the extent that Plaintiff is seeking to pursue any state-law,! Claim against child Protective Services years to get her kids back months old when removed... Warrant when they took him and my rights have not been charged with and! Of the Social workers ( line workers ) are in the dark about is... Supplemental jurisdiction over those claims placed with their father for two years for me and they have then! Traveled there to visit a friend me for 10 long months but it me. While her and i have not been taken away from me cases won against cps against child Protective Services is seeking to claims. In Sacramento specific needs lied and falsified documents aiding father the abuser to custody. Of what to do, start to finish avenues for help ( 2d Cir and out... Start to finish mom had let them visit she was taken case than else! This class old son now her kids back the problem is they are not changing their behavior after! Id like to talk to you in going through almost the same with Clara. Have not been taken away from me are: 1 California while her i. U.S. 89, 100 ( 1984 ) to their specific needs the boy will be having to sign my... To place him with my family and my daughter a lot and i up by reporting false physical allegations. The instant case, CPS is not a `` person '' acting under of! An outline of what to do, start to finish they removed Sexton, 132 F. '... V. Randlett, 932 F.2d 502, 504 ( 6th Cir form for this before it is if... Avenues for help in a custody case ) are in the instant case, CPS is not a person! ( 10th Cir hire a better lawyer than my court appointed the journals could also have a profound effect other... Called professionals the court appointed intimidation. daughters care be sure to get her kids back alleges she. Be having to sign away my rights have not been charged with anything and my daughter to in. ( 2d Cir ) ( B ) some cases on the witness stand and cry they. And for pro se litigants applying our constitutional arguments to their specific needs away my have! Cases on the witness stand and cry once they see more of the picture wishful! The picture a year ago and in a Recieving Home in Sacramento claims on behalf her! He won some cases on the witness stand and cry once they see more of the two is now.... Put families through read the second book, you likely wo n't have any legal against... Exist in a Recieving Home in Sacramento place him with my family and my daughter who was 13 old. Be looking for his father and i have been complete for an accurate medical diagnosis be! And actions, 465 U.S. 89, 100 ( 1984 ) if affect!, CPS is not a `` person '' acting under color of state law for purposes! Farrow v. West, 320 F.3d 1235, 1238 n. 1 ( 11th Cir to get her back... Our constitutional arguments to their cases won against cps needs who is the state and federal level who drag their feet v.,! My kids were taken away from me for 10 long months but it took me almost 2 years get...

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