Who can You sue? - Suing child protective services

This is a discussion on Who can You sue? - Suing child protective services within the Civil Litigation forum, part of the ATTORNEYS, COURTS, LITIGATION category; Considering the odds are stacked against the parents and relatives and most lawsuits are thrown out or never heard of...why ...

Consult Your Own Personal Lawyer Now!
Reply  POST NEW QUESTION

 

Thread Tools Search this Thread Rate Thread Display Modes
Old Apr 18th, 2011, 12:21 AM   #11
Unregistered
Guest
 

Unregistered's Avatar
 
Posts: n/a

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

Considering the odds are stacked against the parents and relatives and most lawsuits are thrown out or never heard of...why can't litigants with the same complaint do a class action lawsuit thereby adding weight and an enormous amount of evidence to make their case? Has anybody ever considered doing that?

One person against the entire weight and stature of the state Attorney General's office (and unlimited financial resources) really doesn't stand a chance, but how 'bout a thousand or more litigants claiming the same thing about the same people in the same office? Surely there are at least a thousand parents who have had their children wrongfully taken by the state with lies, false testimony and made up documentation.

Another thing that needs to be challenged--if not taken out of the picture altogether--are the tools used to determine a person's mental stability--DSMIV diagnoses are habitually generalized to fit any one the evaluator decides subjectively meets criteria. MMPI is under law suit for bad science making it impossible for anyone not to be found seriously troubled. How has CPS been able to use these tools and take thousands of our children? Because they pick on the weak, the poor and those who are already dependent on the state for everything. It is criminal. CPS has to be dismantled and re-designed to operate at local levels with the community able to hold it accountable.

Anyone have any ideas how to get a class action lawsuit going?
  Reply With Quote

Did you find this post helpful? Yes | No
Sponsored Links
International Law Issues?
Old Apr 18th, 2011, 02:07 PM   #12
Top Level Member
Country:  
Friend In Court's Flag is: United States
 
Friend In Court's Avatar
 
Join Date: Apr 2011
Location: Florida
Posts: 12,770

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

Quote:
Originally Posted by Unregistered View Post
Considering the odds are stacked against the parents and relatives and most lawsuits are thrown out or never heard of...why can't litigants with the same complaint do a class action lawsuit thereby adding weight and an enormous amount of evidence to make their case? Has anybody ever considered doing that?

One person against the entire weight and stature of the state Attorney General's office (and unlimited financial resources) really doesn't stand a chance, but how 'bout a thousand or more litigants claiming the same thing about the same people in the same office? Surely there are at least a thousand parents who have had their children wrongfully taken by the state with lies, false testimony and made up documentation.

Another thing that needs to be challenged--if not taken out of the picture altogether--are the tools used to determine a person's mental stability--DSMIV diagnoses are habitually generalized to fit any one the evaluator decides subjectively meets criteria. MMPI is under law suit for bad science making it impossible for anyone not to be found seriously troubled. How has CPS been able to use these tools and take thousands of our children? Because they pick on the weak, the poor and those who are already dependent on the state for everything. It is criminal. CPS has to be dismantled and re-designed to operate at local levels with the community able to hold it accountable.

Anyone have any ideas how to get a class action lawsuit going?
To take on a government agency for its practices is an herculean task requiring thousands of hours of lawyer's time, a good sized support staff, and years of the firm's time. If the issue is common to a class, the facts apply to many people, then a court may certify the suit as a class action. It is not uncommon for such suits to take 5 or more years to get through the court system. And if a favorable ruling is obtained, what will the monetary payoff be? I can't see any. State employees are immune for what they do in the course of their job. It is unlikely that one can quantify damages for children wrongfully taken from their parents nor that state treasuries wouldn't be bankrupted IF the plaintiffs prevailed.


A more likely route is to spotlight the inefficiencies or incompetency of your state system, get as much publicity as possible, and lobby with your state legislators and agency heads that changes be made. Public pressure would be more likely to effect change that litigation which can be a crap shoot.
Friend In Court is offline   Reply With Quote

Did you find this post helpful? Yes | No
Old Apr 30th, 2011, 01:18 PM   #13
Save R Kids
Guest
 

Save R Kids's Avatar
 
Posts: n/a

Thumbs Up Re: Who can You sue? - Suing child protective services

I like the idea of joining parents together who have been VICTIMIZED by the State of NJ, losing their children for no reason. I have audio tapes, court tapes, court transcripts, video tapes, digital photos of abuse of a child by a NJ foster family (no abuse from biological parents - the DAG even admitted in court that the child was not abused by his parents). The foster family is protected by the Law Guardian who told the judge "I've known these people for many, many years" ... elderly foster parents, with documented history of alcoholislm, aggravated assault, corporal punishment, sexual abuse, mental problems and 2 failed previous adoptions 20 YEARS AGO...1 of those boys is in NJ State Mental Hospital in Trenton & the other is an alcoholic. Foster mother said she used to tie her kids together with ropes "to get them to work out their problems" and discipline them with plastic spoons "because her pastor told her to do it." So why, why is the Law Guardian telling the judge a 6-year-old boy should be adopted by this dysfunctional family in place of a father with a Masters' Degree who has a good job? To cover up for the illegal removal of the child in the beginning. No hearings or any legal proceedings on the case plan for this boy for the first 8 months after his removal, then....OH, he's been in this foster family too long & bonded with the foster mother WHO ADMITTED IN COURT THAT SHE HIT THE BOY BECAUSE SHE FORGOT TO TAKE HER MEDICATION THAT DAY. Hospital ER report states "physical abuse & corporal punishment by foster mother" Let's all get together and bring our stories to the media, the public forum & the State of NJ. email me at njfostercare@yahoo.com or call 973 955 7567
  Reply With Quote

Did you find this post helpful? Yes | No
Old May 7th, 2011, 09:57 PM   #14
Unregistered
Guest
 

Unregistered's Avatar
 
Posts: n/a

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

Quote:
Originally Posted by Save R Kids View Post
I like the idea of joining parents together who have been VICTIMIZED by the State of NJ, losing their children for no reason. I have audio tapes, court tapes, court transcripts, video tapes, digital photos of abuse of a child by a NJ foster family (no abuse from biological parents - the DAG even admitted in court that the child was not abused by his parents). The foster family is protected by the Law Guardian who told the judge "I've known these people for many, many years" ... elderly foster parents, with documented history of alcoholislm, aggravated assault, corporal punishment, sexual abuse, mental problems and 2 failed previous adoptions 20 YEARS AGO...1 of those boys is in NJ State Mental Hospital in Trenton & the other is an alcoholic. Foster mother said she used to tie her kids together with ropes "to get them to work out their problems" and discipline them with plastic spoons "because her pastor told her to do it." So why, why is the Law Guardian telling the judge a 6-year-old boy should be adopted by this dysfunctional family in place of a father with a Masters' Degree who has a good job? To cover up for the illegal removal of the child in the beginning. No hearings or any legal proceedings on the case plan for this boy for the first 8 months after his removal, then....OH, he's been in this foster family too long & bonded with the foster mother WHO ADMITTED IN COURT THAT SHE HIT THE BOY BECAUSE SHE FORGOT TO TAKE HER MEDICATION THAT DAY. Hospital ER report states "physical abuse & corporal punishment by foster mother" Let's all get together and bring our stories to the media, the public forum & the State of NJ. email me at njfostercare@yahoo.com or call 973 955 7567
I agree, please join the thousands of us in a nationwide protest August 12th. See more at Natl. Family Rights Protest or come see us on facebook!
Welcome to Facebook - Log In, Sign Up or Learn More
  Reply With Quote

Did you find this post helpful? Yes | No
Old Jul 30th, 2011, 11:38 AM   #15
Unregistered
Guest
 

Unregistered's Avatar
 
Posts: n/a

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

I was wondering of any NJ lawyers that anyone can recommend to sue dyfs. i had dyfs involved 4 yrs ago, my children where taken for 6 weeks while they did their investigation and found othing. All the while they kept coming up with roadblocks on to why they couldnt come home. I obtained a lawyer and he seen the games they were playing. They even refused to give them to my mother who mind you works for a school and has to complete background checks to work their. We only had to go in front of the judge 2 times, ther first being the a few days after the kids were taken and 1 other time when i obtained my lawyer. It never reach a fact finding hearing bc my lawyer fought and proved they had nothing, however i did have to go to parenting and anger management classes and get a psych eval done before they could be returned home. Even when the kids were returned home the case worker stated that was the shortest time any kid was returned home. I went through all the legal steps with my lawyer to clear my name. The final step was to get our name of the child abuse list, which at that time we were able to retreive all of dyfs records they had on the case. Come to find out they falsified documents, and the casework hereself stated in her own reports that these kids were not abused in any way. Even their expert witness a dr. who consults on hundreds of abused cases stated these kids were not abused. So the judege determined that they never had enough eveidence to convict us, and everything had to be reversed, including any charges they tried to put on us and to take us of the national child abuse registery and they even notified the police station in the town this happened.

So my question is because of the fasified documents, the case worker clearly stating in her report as well as the dr.s that my kids were not abused, and that they didnt have enough substainited evidence, is their a lawyer in nj who will sue dyfs. If so anyone have any names. Because its not fair that my family, especially my kids had to go through this traumatic experience and that dyfs can get away with this.
  Reply With Quote

Did you find this post helpful? Yes | No
Old Aug 8th, 2011, 06:01 PM   #16
Unregistered
Guest
 

Unregistered's Avatar
 
Posts: n/a

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

See thats what im thinking of doing not only have i called CPS but they only investaged us not the accuse party. "A phone call come on" how is legit how is law legit anymore. I feel wrong doing the dang lady yell at my kid a CPS officer yell at a two year old and told him to shut up. is that grounds for a lawsuit?
  Reply With Quote

Did you find this post helpful? Yes | No
Old Aug 8th, 2011, 06:03 PM   #17
Unregistered
Guest
 

Unregistered's Avatar
 
Posts: n/a

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

I mean i dont even tell my step son to shut up for crying out loud.
  Reply With Quote

Did you find this post helpful? Yes | No
Old Sep 25th, 2011, 03:28 PM   #18
Unregistered
Guest
 

Unregistered's Avatar
 
Posts: n/a

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

Go to ur nearest federal court house look up, though their system can only be done at the court house(federal) and find out an attroney who has filed already and call them...best of luck doing this myself now..
  Reply With Quote

Did you find this post helpful? Yes | No
Old Sep 26th, 2011, 04:36 PM   #19
Unregistered
Guest
 

Unregistered's Avatar
 
Posts: n/a

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

I have been found guilty of not physically hurting my son but as the judge says I was found guilty of throwing my daughter and/or slamming her into my sons femur and hairline-fracturing it. I have tried to appeal for the reason of CPS giving the file that was closed to the police and no evidence to back it up. No bruises, and no swelling, also no harm to daughter. The day care workers fabricated this to cps through the kids (ie: getting the kids to say it some how). Now I have a 3rd degree assault against my son.

It has also been 6+ years that my kids have been out of home. I am interracially married in the state of WA. The percential of inerracial kids and minority kids coming home is very slim. We have asked time and again to send our kids back to us. The system has had our kids (4 kids total for us) riding around with a 2nd degree child molester, mal nurished at a foster home, and had no help for sexual exposure to our kids.

I found that majority of the stuff is buried and hidden. Is there a good suit for me and my family?
  Reply With Quote

Did you find this post helpful? Yes | No
Old Nov 7th, 2011, 04:59 AM   #20
Unregistered
Guest
 

Unregistered's Avatar
 
Posts: n/a

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

I THANK YOU FOR INFORMING ME ALL OF YOU. I HAVE BEEN RAILROADED BY CPS FOR MORE THAN 17 YEARS JUST FOUND ONE OF MY OLDER SON WHO IS HAPPI TO SEE ME BUT THERE TRYING TO KEEP HIM FROM ME TOO. I LOST MY ONE YEAR OLD WHOM THEY TOOK FROM THE HOSPITAL. I WILLING GOD GIVE ME THE STREGTH TO FIGHT TO THE BITTER END. THE BITTER NOT GARRENTEED
  Reply With Quote

Did you find this post helpful? Yes | No
Reply

Bookmark & Share

Tags
cps, dhs, child protective service

This thread has 56 replies and has been viewed 51560 times

Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes Rate This Thread
Rate This Thread:


Posting Rules
You may not post new threads
You may post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off

Format Your Messages
Add Forum to Google Toolbar
Forum Jump

Similar Threads

Thread Thread Starter Forum Replies Last Post
I need info on CPS (child protective services) JANDTLOVERS Other Family Law Matters 10 Jul 13th, 2013 09:39 PM
CAN I SUE CHILD PROTECTIVE SERVICES FOR DRAGGING MY NAME? accusedfather Civil Litigation 17 Jun 26th, 2013 03:24 PM
Child Protective Services, why? Laura*lee Child Custody & Support 9 Sep 21st, 2011 02:27 PM
Can CHILD PROTECTIVE SERVICES do anything they want to? Testerteam Child Custody & Support 1 Jul 19th, 2011 12:54 AM
Sue Child Protective Services (CPS) for lack of action -- North Dakota (ND) heatherkm Other Family Law Matters 1 May 29th, 2011 11:00 PM


International Law Issues?


All times are GMT -5. The time now is 11:42 AM.