California: Verdict Against CPS for 4.9 Million!

In Orange County a mother has been awarded 4.9 million dollars in a case against CPS caseworkers and the Department of Social Services.

The mother, Deanna Fogarty-Hardwick, who lives in Seal Beach, claimed that CPS workers took her two young daughters in February 2000, and ‘intentionally misinformed the court’. The children were 9 and 6 at the time.

The kids were place in Orangewood Children’s Home for a month, then in a foster home for two months. After that they were placed with their father for two years. The parents now have joint custody.

Caseworkers failed to inform the court that the children were emotionally distressed by being separated from their parents, and refused to place them with relatives, whose Kinship Care rights should have been honored.

Jurors in this case wanted to send a message to social workers by awarding such a large amount of money to the mother.

The Director of Social Services was surprised, saying that he cannot recall ever seeing such a large settlement award (4.9 million dollars) but stated also that the caseworkers named in the lawsuit will keep their jobs, and that he supports their decisions.

Source: LA Times

I would like to remind the CPS director of this case in 2000: 4 million settlement in LA for a brain damaged foster child - too many CPS drugs ruined this child for life!

Filed under: California, Legal Issues — Linda @ 10:08 pm

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Who was the lawyer on this case. I am going through the same situation. My son is emotionally disturbed. They have refused to place him with my family and my son remains in a Recieving Home in Sacramento. Please help! No one will..

Comment by Melissa — June 4, 2007 @ 8:40 pm

The attorneys were Shawn A. McMillan and Sondra S. Sutherland. Their website link is at the end of this press release about the lawsuit:

Orange County Jury Awards Mom $4.9 Million Against Department of Social
Services and its CPS Workers; Punitive Damages to Follow

Orange County Jury finds Orange County, its CPS workers and the Department of Social Services agency liable to mother for $4.9 million in compensatory damages for constitutional rights violations arising from interference with association with children. Punitive damages to be determined against the individual CPS workers.

San Diego, CA (PRWeb) March 25, 2007 –
RE: Fogarty-Hardwick v. County of Orange, et al.
Superior Court of California, County of Orange
Case No. 01CC02379 (Trial before Hon. Ronald L. Bauer, Dept. CX103)

On March 23, 2007, the Orange County Social Services Agency and two of its Social Workers, Marcie Vreeken and Helen Dwojak were found liable for violating the parental rights of Deanna Fogarty-Hardwick, as guaranteed under the Fourth and Fourteenth Amendments to the United States Constitution. The jury found 10-2 in favor of the Plaintiff and awarded $4.9 million in economic and non-economic damages. The punitive damages phase of the trial will begin on Tuesday, March 27, 2007.

The verdict follows the filing of a civil suit for civil rights violations by Deanna Fogarty-Hardwick, a mother of two minor children, against the Orange County Department of Social Services and three of its social workers. The Plaintiff Deanna Fogarty-Harwick sued defendants County of Orange, Orange County Social Services Agency, Marcie Vreeken, Elaine Wilkins, and Helen Dwojak.

The Jury found against the Plaintiff and for Defendant Elaine Wilkins, by a 10-2 jury vote. This case was brought by Plaintiff against Defendants to recover damages arising from Defendants alleged violations of Ms. Fogarty’s constitutional rights to raise and associate with her children, free from governmental interference.

Ms. Fogarty-Hardwick alleged that social workers Marcie Vreeken, Elaine Wilkins, and Helen Dwojak caused Ms. Fogarty-Hardwick’s children to be removed from her custody without cause, and continued to detain them without cause, violating Ms. Fogarty-Harwick’s Constitutional right to familial association. Ms. Fogarty-Hardwick alleged that these defendants, while working as social workers for Orange County Social Services, intentionally fabricated evidence to obtain a court order to detain Ms. Fogarty-Hardwick’s two young daughters on February 17, 2000. Ms. Fogarty-Hardwick also alleged that Orange County Social Services, Marcie Vreeken, Elaine Wilkins, and Helen Dwojak maliciously failed to provide the court with exculpatory information, and filed false reports in furtherance of the effort to keep Ms. Fogarty-Hardwick separated from her children. The second civil rights claim alleged that the policies, practices, or procedures employed by Orange County Social Services and the County of Orange in the removal of Plaintiff’s children from her care also violated Ms. Fogarty-Harwick’s constitutional rights, under the Fourth and Fourteenth Amendments to the United States Constitution, and to raise and associate with her children free from governmental interference. The unlawful policies, practices or procedures pertained to the detention of children without a finding of imminent danger or serious physical injury; interviewing children without a parent present; continuing detention after learning there was no basis to do so; using trickery and fabricated evidence; and failing to adequately train employees regarding the Constitutional rights of parents.

Lead trial attorney Shawn A. McMillan states “My client Deanna Fogarty-Hardwick, is satisfied by the Jury’s recognition of the harm that the defendants caused her. But, obviously, no amount of money can ever undo the damage inflicted upon Ms. Fogarty-Hardwick or her children. We expect the Jury’s 4.9 million dollar verdict will cause the County of Orange and its Department of Social Services to implement procedures to prevent future abuses by County social workers and protect other families.”

San Diego Lawyer Shawn A. McMillan, of the Law Offices of Shawn A. McMillan, was trial counsel in the case.

Attorney Sondra S. Sutherland was co-counsel.

For additional information, contact:
Shawn A. McMillan, Esq.
THE LAW OFFICES OF SHAWN A. McMILLAN, A.P.C.
4955 Via Lapiz
San Diego, California 92122
Telephone: (858) 646-0069
Facsimile: (206) 600-4582
Website: http://www.mcmillan-law.com

Comment by Linda — June 4, 2007 @ 9:42 pm

Also I got this note from Attorney Sondra S. Sutherland on another site (Gather.Com) about a similar article I wrote there:

” I wanted to point out an inaccuracy in the article. “With the help of an attorney, Shawn A. McMillan . . . ” My name is Sondra S. Sutherland, and I am the attorney who took on this case. For what it is worth . . . I brought in Mr. Millan to help with the trial. He did a great job, to be sure, but he wasn’t the one taking the depositions, working up the case, bringing in the expert, taking the largest risk. I am very proud to have played a part in this, and I am proud of Mr. McMillan’s great help with the trial, too. We, together, accomplished a wonderful success for parental rights.”

Comment by Linda — June 4, 2007 @ 9:58 pm

I have been going through the same thing for 3 years. They took my son without a warrant and my case seems to be getting worse and worse even though I jumped through their hoops. I did nothing wrong except trust in the system. Someone please help me, they want to give my sister legal guardianship in Montana and my son and I didn’t even know that this was going on and we don’t approve. We are very bonded and they won’t let me see him.

Comment by darlene harsh — June 10, 2007 @ 3:36 pm

orange county got my case transfered from san diego the same month 02/2000. Anyway both counties refused to have my child tested for brittle bone disease. well he was 2 months old when they took him and my daughter who was 13 months old. now my daughter is 9 and son is 8. my son is not growing and is a foot shorter than his sister. My rights were terminated and my daughter was adopted by my mom and son was adopted by the FOSTER MOM! who is now divorced. my mom sees her and knows what is going on. now i need help because i belive that if they had tested him for the disease they would have found they removed my son wrongfully. My kids were stolen from me and I told the truth and followed the plans. If anyone reading this can read through my appeals and tell me if i am wasting my time or even hear me out that would be great. I really want to see my son. I see my daughter a lot and i have my own 2 yr old son now. I dont know what rights i have as rights were terminated but if i can take a stand for people like me I want to do it! If i were to win money in a case i would help others if i could have an hour with my son and or a relationship with him. I dont care about the money i just want my babies home with me.

Comment by kate — July 28, 2007 @ 10:33 pm

To Kate: 4.9M settlement

Just a thought– Contact the atty in Orange County who recently obtained a record settlement 4 the *Beauty Queen Mom* whose rights were terminated by CPS.

I believe there is also a less serious form of the condition, too which may involve a newer test.(brittle bones disease)

Asking for an accurate medical diagnosis should be standard policy for CPS.

One addtl thought: Contact Dr. Lillian or Doctor Richard Dunsmore in Coatesville, PA.re: addtl help re: medical diagnosis of OI. Brittle bones disease.

They wrote “The shredding of families” on this page.

Dr. Lillian is very compassionate.

They are both M.D’s.

California has been active in pursuing CPS with numerous groups, aside from Linda’s pioneering California site.

Best wishes to you and your family.

Comment by fern — July 29, 2007 @ 6:42 am

What are names of the groups in California that is pursuing CPS. I lost my granddaughter because of their lies etc and am interested in any information. Thanks

Comment by bebebaxter — July 29, 2007 @ 12:14 pm

To Bebebaxter Register at this site and get onto the Discussion lists.

I think you will find a couple of active California groups and sites.

One way is to google DCFS california and see what comes up.

But you really need to register starting here.

You can also look at http://www.familyrights.us

There is a section for each state, under Members and Friends.

How about calling the attorney above?

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.)

Couple was unmarried and yet Dad supported kid faitfully.

DCFS slipped up=====big time. Girl deprived of family for close to 13 years.

Please communicate back and give us feedback as to what you have unearthed.

The facts of the case make a big difference in whether you can pursue a legal avenue with DCFS.

Please communicate with CPS in writing—-no phone calls.

Best wishes for you and family…..

Comment by Fern — July 29, 2007 @ 5:42 pm

I am looking for the original petition against Orange County in the Fogarty-Hardwick case, the 4.9M verdict. I would like to do a follow up story, can someone help

Comment by Robert — October 7, 2007 @ 8:36 pm

There need to be more lawsuits against CPS. Since some of their decisions are based on the mighty dollar, more lawsuits might motivate them to change! http://www.angelfire.com/film/4tyler

Comment by Dawn — February 2, 2008 @ 11:57 am

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 just discovered that her message was misteriously erased somehow, so I guess it will be all hear say. THEY ERASED MY SAVED MESSAGE!! Now I have no proof that they are after me….I can only prepare for the worse and pray for the best unless someone helps me….I will also sue them for every penny I can get if they mess with me any further…..any advise, I need the BEST Attorney ever! HELP!

Comment by mariah webb — February 10, 2008 @ 7:37 am

Dawn, there was just a large settlement in California.

Children seized w/o warrant. Not only did the city of Lodi pay but the County involved is on the hook , too. Lodi paid over 100K, County sounds like 300K.

Google “child protective” lawsuit on Google news.

http://www.Google.com

Or go to AFRA for Febrary and find a link to story there under AFRA news.

http://www.familyrights.us

News - area for FEB—need to go to Yahoogroups link which is a bottom of link to News page.
Good luck. You are right! California has been in the vanguard of this revolution. They also have an INSURANCE FUND FOR KIDS ABUSED IN FC.

Comment by Fern — February 10, 2008 @ 8:45 am

MY CHILDREN WERE TAKEN THANKS TO A CASE MANAGER WHO WAS REPORTED TO THE CITY OF SANTA MONICA. WITHOUT ANYONE SPEAKING TO ME, THE COPS NOT SOCIAL WORKERS TOOK MY CHILDREN, HAVE LIED ON ME, INCLUDING THE POLICE AND MY OWN COURT APPOINTED ATTORNEY. THOSE PEOPLE ARE NOT HUMAN, I CRIED MY EYES OUT, THEY LOOKED AT ME WITH HATRED! I REMIND ALL OF THEM, GOD IS VERY MUCH ALIVE, HEARS AND SEES ALL. 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? THEIR PHONES WERE TAKEN AWAY.PRIOR TO THAT THE FOSTER CAREGIVER, PROVIDED NO HEAT, DID NOT COMB THEIR HAIR, PERMITTED THEM TO WALK TO SCHOOL ALTHOUGH, THEY OWNED SIX CARS COMPLIMENTS OF FOSTER CHILDREN, PULLED ON MY BABY’S ARM TO DO THINGS HER WAY, THE FEMALE, MADE THEM ATTEND A CHURCH, WHERE THE CHILDREN DIDN’T UNDERSTAND THE LANGUAGE, DCFS COULD NOT REACH THEM, BUT THAT WAS O.K. AS LONG AS MOTHER DIDN’T HAVE HER CHILDREN

Comment by DELOREZ RAMOS — April 3, 2008 @ 4:19 pm

Now CPS wants to drug my child with behavioral drugs and put her in a foster home even further away from me. I can only talk to her on the phone twice a week on speaker phone so they can hear and i cant see her in person except for in court where im not allowed touch her. This is all for truency. No abuse charges against me…just truency!

Comment by Michelle — April 13, 2008 @ 8:07 am

Join us for a demonstration in front of the Juvenile Court House on Civic Center Drive across from the Block on Monday 5/12/08 10am til ??

Email me at anticps@gmail.com or stay posted for more details.

I would like to get an email from you if you are interested in demonstrating. Help stop a tragedy from happening on that date inside that court room!

Comment by Loving mom — May 7, 2008 @ 7:08 am

After 8 months of having our child taken away we won our baby back by winning our case. Dhs lied on the stand -prosecutors told people what to say, it goes on and on. we paid $40k on the case- it destroyed the family, and the holidays that where taken from us will never be replaced-I’m in michigan–who can we contact to look at our case to see if we can obtain a settlement? and most importantly who can give us any insight on how to get back (legally) at these monsters and how they affected our lives. I appreciate any info- thanks Shelley

Comment by shelley — May 23, 2008 @ 5:57 am

does anyone know how to get to this lawsuit. not articles but to the actual lawsuit please email me if you do dianaelltt@aol.com

Comment by Diana Elliott — May 25, 2008 @ 12:12 pm

Thanks God that Someone God Paid for what they have done to them. Dear friends we all can sue CPS the questions is: Do you have your paper work ready? Do you have money to pay the attorney that is SUEING? See when we work together thing get accomplish better. 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. God Bless you and to the familly enjoy the new beginning of the reunification of your kids. Loved them, take care of them and enjoy life with them to the fullest..

best wiches from D.P.R.A.!

Their is a God Up their. Justice was serve! Amen!

Comment by Mrs. Damaris Campos — May 26, 2008 @ 3:48 am

MY FAMILY HAS BEEN RIPPED APART BY CPS, I WAS LIVING A HAPPY LIFE WITH MY 6 KIDS, NOW MY ENTIRE FAMILY HAS VANISHED BEFORE MY EYES, I HAVE A JOB, BUT CAN’T GET ANY HELP, I’TS JUST UNREAL HOW THIS CPS WORKER MADE UP ALOT OF LIES ABOUT ME AND MY FAMILY, SHE FABRICATED SO MANY LIES AGAINST ME THAT I DON’T EVEN HAVE A CLUE HOW TO FIGHT THESE LIES, CAUSE THE JUDGE IS BELIEVING EVERY LIE SHE MAKES UP FROM TORTURE, CHILD ABUSE, SEXUAL ABUSE, POLYGAMY, STALKER, MOLESTATION, BURNING MY KIDS WIT A IRON, BEATING MY KIDS TILL THEY ARE BLUE, MURDER, RAPE, FEEDING MY KIDS BLEACH AND FURNITURE POLISH, KIDNAPPING STUDENTS, THREATING TO BLOW UP AIRPORTS, TEACHING MY KIDS TO LIE, AND SHE HAS FOUND SOME WAY TO CONVINCE MY KIDS THAT THEY ARE AFRAID OF ME AND THEY DON’T WANT TO COME BACK HOME, ALL OF THESE ALLEGATIONS WITHOUT ONE PIECE OF EVIDENCE, JUST SCIENCE FICTIONS STORYS THAT SHE SUBMITT TO THE JUDGE WITHOUT ANY TRUTH BEHIND IT, I SHOULDN’T BE IN JAIL, BUT UNDER THE JAIL IN A BOX IF ANY OF IT WERE TRUE. THE TRUTH IS THAT I LOVE MY KIDS NO MATTER WHAT THEY FABRICATE ABOUT ME, I HAVE STARTED SMOKING CIGGARETTES, I AM BARELY HOLDING ON TO MY JOB, I PLANTED MY SEEDS AND THEY TOOK ALL SIX OF MY SEEDS THAT I RAISED AND GREW OFF A 16 YEAR OLD RETALIATING AGAINST ME AND MY WIFE, WHAT IS SO CRAZY IS THAT THE CPS WORKER KNOWS THAT SHE IS LYING AND STILL INSISTS ON FABRICATING STORYS, I HAVE EVERY TRUTH AND EVERY FACT FOR CPS EVERY LIE ON DOCUMENTS, WHEN I SUBMITT THEM, SOME HOW SHE IS STILL ABLE TO CONVINCE THE JUDGE I EITHER FORGED COURT DOCUMENTS OR I FORCED PEOPLE TO LIE, IF THE JUDGE AND CPS AND POSSIBLY MY OWN COURT APPOINTED ATTORNEY IS WORKING TOGETHER TO TAKE MY KIDS, THERE IS NO WAY I CAN WIN IN THAT JUVINILE COURT ROOM, THERE HAS TO BE A WAY TO STOP THEM BEFORE I LOSE MY KIDS BEHIND LIES, WE ARE SET FOR TRAIL ON THE 29 OF MAY 08, EVEN WITH ALL MY PAPER WORK IT SEEMS HOPELESS, CAN I FILE SOMETHING NOW IN A HIGHER COURT, CAN I START FILING A 6 MILLION LAWSUIT, I KNOW I CAN WIN IF I CAN JUST GET TO ANOTHER COURT, I HAVE PAPER WORK TO COUNTER ACT EVERY LIE THE CPS WORKER FABRICATED, SHE EVEN FABRICATED ARREST REPORTS ON ME THAT DON’T EVEN EXIST, I LIVE IN SAN DIEGO, CALI/ 619-464-1856, AS U SEE I AM DESPARATE TO SAVE MY KIDS, I AM RUNNING OUT OF TIME, I NEED SOME HELP OR SOME ADVICE ON HOW TO BRING THEM DOWN, WHAT IS MY NEXT MOVE, I DON’T SLEEP AT NIGHT, I’M STRESSED OUT ALL THE TIME, I’M WORRIED I AM GOING TO JAIL FOR LIES, IF I CAN’T GET ANY HELP OR IF I CAN’T FIND A LAWYLER THEN I HAVE TO FIGHT THEM BY MYSELF AND IT WILL BE A FIGHT, IF I’M GOING TO LOSE MY KIDS OVER LIES THEN I MIGHT AS WELL FIGHT WITH EVERY BREATH I HAVE, I’M IN A BATTLE FOR MY LIFE AND KIDS, THEY TOOK MY BABIES, MY 8MNTH OLD, MY 2YR OLD AND THE OTHER 4 AS WELL AND THE SOCIAL WORKER OFFERED NO PLAN, JUST TERMINATING PARENTAL RIGHTS, NO MARKS, NO SCARS, NO BRUISES, NOTHING ON MY KIDS, JUST TOOK THEM AND NOW TAKEN THEM AWAY BECAUSE THE LAW ALLOWS HER TO TAKE KIDS BASED ON ALLEGATIONS, WHY IS MY CRY FOR HELP SO SILENT, AM I NOT CRYING LOUD ENOUGH, I AM READY TO FILE SUIT WITH ANYONE WHO IS READY, WHAT EVER IT TAKES TO GET MY KIDS BAC, I HAVE DONE NOTHING WRONG BUT LOVED MY KIDS UNCONDITIONALLY, IF I CAN’T GET ANYTHING BUT GUIDANCE I WOULD SURELY APPRECIATE THAT, GOD BE WITH US ALL!

Comment by PERCY ANDERSON — May 26, 2008 @ 9:34 pm

I think we should all put a HUGE sign on our rooftops saying “MY CHILD/CHILDREN WERE KIDNAPPED AND I WAS RAPED BY CPS”.. See how much attention we get THEN.. I’m sure the News Media’s would see it, and everyone flying high in their planes.. I’m sure it would get some attention!
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. I was told by a CPS worker that 50% of them are taken ONLY to justify their budgets for the next year. WELL.. that means 1350 children are STOLEN from GOOD homes each MONTH, and of those many NEVER go home. If 32,400 children are taken each year in Orange County alone, can you imagine how many rooftops would have these signs?? It would, it COULD NOT go un-noticed!

Comment by Sandra — July 13, 2008 @ 10:48 pm

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California: Verdict Against CPS for 4.9 Million!

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