How to Sue CPS in Federal Court
If you want to sue Child Protective Services in federal court it is best that you hire an attorney. Of course, it can be done In Pro Per (on your own), so if you have confidence in your legal abilities and can’t afford or find legal help, then go for it! Most of us, however, would have a difficult time managing a civil lawsuit. Filing a lawsuit is a complex task, and it helps to have an attorney evaluate your chances of winning the case before you get started.
Many CPS victims choose to file a federal lawsuit, to sue for violation of 42 U.S.C. § 1983:
42 U.S.C. § 1983 – Civil action for deprivation of rightsEvery person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.
If your Child Protective Services social worker or caseworker claims to have immunity from prosecution, don’t believe it! There is no immunity for CPS under federal civil rights law.
Locate your nearest federal courthouse using the Federal District Court Online Locator Service. Wherever that nearest court is, be prepared to go there during the course of your federal lawsuit. The District Court is the trial court level of the federal court system. If your case is appealed, bear in mind you’ll be involved with the Federal Appellate Courts. Learn about the different federal courts here: Federal Courts.
Whether you have an attorney or not, the book pictured, Section 1983 Litigation in a Nutshell
How To Find A Section 1983 Civil Rights Litigation Attorney
You could start by looking through the yellow pages of your local phone directory. In the section for attorneys, look for specialties, then locate the “Civil Rights” and “Constitutional Law” sections. Phone these attorneys to set up free initial consultations… but don’t make your decision too quickly. You’re in an information gathering phase now.
Have a notebook to record details of your conversations with the attorneys you talk to – including their contact information and fees, whether they think you have a case, and what they think the probability of success is if you proceed. Consider that if they think your lawsuit is sure to fail, they may be connected with principal characters you’re suing via friendship or relationship, and may try to discourage you from suing at all!
Often it is best to locate attorneys outside your home county to avoid any “good old boys” friendship networks between legal professionals within the county you reside in.
Here’s a way to do that: Go to the federal courthouse to look for cases using their computer database system. Find cases filed against the Department of Social Services in your state. Next, ask to look at those cases; they should be a matter of public record. Find the names of the attorneys who filed the cases, and contact those lawyers, asking for a free consultation. Don’t stop with just one – find as many names as you can and do interviews. Getting the best and most motivated attorney at the best price is your goal.
You may be able to do this online at Public Access to Court Electronic Records (PACER) but bear in mind, there’s a fee involved. If your fee is less than the cost of gasoline to reach the federal courthouse, this would be worth using.
Your Evidence Against CPS
Make sure your documentary evidence is well-organized before speaking to attorneys. You should have an ongoing case notebook, and evidence of everything that happened in your interactions with CPS.
Do the best you can to prove your case using documents so the attorneys you talk to will have more confidence that your case can be won.
Watch this video for suggestions on how to organize your evidence: An Attorney’s Advice on Protecting Your Family by Gathering Data. This video was done by practicing attorney, Dr. Lorandos. His YouTube archive, Accused Falsely, is an excellent source of information for anyone seeking to sue CPS.
Learn About Legal Precedent – Cases of People Who Sued CPS Successfully in the Past
Thomas M. Dutkiewicz, president of Connecticut DCF Watch did a lot of legal research a few years ago to find case citations that will help CPS victims sue the Department of Social Services and their CPS social workers and caseworkers. Read his handbook to prepare for your case, and to discover further aspects of the injustice done to you: Child Protective Services and the Juvenile Justice System: A guide to protect the constitutional rights of both parents and children as ruled by the Federal Circuit Courts and Supreme Court.
AFRA has a page on Federal Civil Rights Cases That May Help CPS Victims – another source for information you may want to look through as you prepare to file your lawsuit against CPS and your social workers and caseworkers.
Representing Yourself
Thomas M. Dutkiewicz did an excellent job of presenting his case In Pro Per, and it can be done if you are willing and able to take the time to learn the laws and how to use them. The book pictured above, Represent Yourself in Court: How to Prepare & Try a Winning Case
[Update - 5/19/11 - I was just given this link and want to share it with those of you who seek to file a federal lawsuit against CPS: Safety Lawsuits.]
Similar Posts:
- How to Sue CPS in Federal Court
- Fight CPS Legal Document & Information Library
- Texas: Katie Wernecke and Family Are Suing CPS, Six Social Workers, Nueces County, and Two Deputies
- Petitions!!!
- Class action lawsuit planned
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Comments (76)
In the State of Michigan my son was put into foster care when the case worker lied to the judge and said there was no other family in the area willing to take him. He was molested repeatedly over a period of 6 months in foster care while we were tossed around between case workers. We found reports that my son had complained about the foster parents on numerous occasions and nothing was done.
I was told by the Prosecutor who convicted the foster father that I could file a civil suit against the State of Michigan and CPS but was later told by an attorney that they have immunity and I can’t do anything.
Should I keep looking for another attorney then?
Comment by Erin — December 4, 2010 @ 7:08 am
Erin, yes, you can sue. Lots of people sue CPS agencies when their children are injured in foster care. Happens all the time. Keep shopping around for the right attorney! The one attorney you talked to may be married to a CPS worker and might not want anyone to know they can sue! You never know… that’s why you’ll need to interview a lot of lawyers … then choose the right one for your case!
Comment by Linda Martin — December 4, 2010 @ 11:36 am
Wow. Linda, this looks like an excellent “How To” essay.
I can say that based on the last lawsuit we were involved in, the Plaintiff has a HUGE job to prove the case. You don’t just write down your imaginations and expect them to go far in court. You have to PROVE your assertions.
That’s why the Case Notebook is so vital, as well as carefully preserving every bit of evidence you have. NEVER send an Original anywhere! It WILL come up “missing”. Guaranteed.
Here in Oregon, the first thing I learned was- before suing CPS, I had to exhaust the Grievance process.
I did file my Grievance, and threw in every bit of evidence I had.
As a result, my case was retroactively shut down, and I got an apology from Oregon CPS. Which was disappointing, because I wanted to sue them back to the Stone Age.
I might have been able to sue anyway, but my health crashed instead, and by the time I felt well enough to consider suing them, the Statute of Limitation had run.
So I started AFRA instead- to help educate others how to deal with CPS instead of their having to learn it the HARD way.
Together, we WILL drive a stake through the heart of this insane zombie monster that CPS is.
Leonard Henderson, co-founder
American Family Rights
http://familyrights.us
“Until Every Child Comes Home”©
“The Voice of America’s Families”©
Comment by Leonard Henderson — December 4, 2010 @ 12:42 pm
I remember back in 1989-90, writing a long civil rights complaint, and sending it to bureaucrats who were supposed to read it and protect my rights. They kept sending it back saying the county did nothing wrong. I had no legal advisor at the time, and didn’t know how to proceed. I didn’t know they refused to admit any wrongdoing because they would have been admitting liability. That was in the dark ages, before the internet!
I ended up publishing the whole thing in a weekly newspaper (they divided it into three parts and published one part each week) … and then dropped it because I was too busy taking care of the baby who had been returned to me, and her younger brother.
Because I didn’t sue, I always hope that others will. The more social workers that take the fall for the counties that hired them, the better. I’d like to see every prospective social worker be aware that they can be sued.
Comment by Linda Martin — December 4, 2010 @ 9:28 pm
What if they did a class action lawsuit for all the victims of CPS is there a time frame on these lawsuit?
Comment by Tom Kofoed — December 5, 2010 @ 12:54 pm
Qualified immunity not absolute immunity.
Comment by Maggiec — December 5, 2010 @ 12:57 pm
Tom, I think there’s always a statute of limitations. The lawyer would need to choose the main clients for his class action lawsuit – people for whom the statute of limitations hasn’t tolled.
Comment by Linda Martin — December 6, 2010 @ 10:16 am
We want to stop this before it gets worse. We are not interested in waiting for FCS to do “egregious” injury to our children, our family, or us, just because it makes it less difficult to sue. We don’t want damages; we don’t want to be damaged in the first place.
Comment by Al — December 9, 2010 @ 11:54 am
I would like to comment to Erin’s question, too!
I was also told that you can’t take the CPS to court. The reason was: NO CASES against CPS in Federal court has been successful in Michigan. The attorneys do not even take a case like that because they know they won’t win. Michigan law says that CPS personnel are immune and that’s it.
The A.G in Michigan works for CPS, too, and they won’t answer directly to you. You have to have an attorney in Michigan to even get any answers.
Comment by michigan girl — December 14, 2010 @ 11:03 am
Michigan girl, federal court doesn’t go by Michigan law even if the court is situated in that state. That’s why social workers CAN be sued in federal court.
Comment by Linda Martin — December 14, 2010 @ 2:22 pm
I have had false documents & accussasion & my children taken put into foster homes . and I was told no matter what I do that I wont end up with my kids no matter what because I reported the abuse & neglect on my three kids what papers do I start with
Comment by Jessica — December 14, 2010 @ 4:03 pm
Jessica, start with writing your Legal Declaration and Objections and Corrections to the Report of the Social Worker. You can get feedback on your case at http://forum.fightcps.com
Comment by Linda Martin — December 15, 2010 @ 10:33 am
I have an open case in california with my son Two weeks ago I was in court my social worker was recommending me get custody and the father get monitered visits and we had to re schedule for Jan 18th. In the meantime yesturday for no apparent reason I had to show up for a safety plan meeting. they gave me 2 options
send my son to father or they would detain him.
My son is schelduled to leave on Monday Dec 20th and he is wth me untl than. I have concerns because My son has mental issues, substance abuse and his father doesent have a plan in place. PLEASE HELP
kARLEEN
Comment by karleen — December 16, 2010 @ 10:46 pm
What is the time limit on sueing in federal court? I have an action that went to the state supreme court that concluded in September 2007..Who do I sue? I did not have CPS, but a hearing officer, wise person, and a district judge…
Comment by Dale — January 4, 2011 @ 2:43 pm
Dale, I suspect the statute of limitations may have tolled in your case already. Usually the time limit is two years. You might want to consult an attorney to see if there’s any opportunity left. There may be extenuating circumstances. Many attorneys will give you a few minutes of their time if you’re interviewing them for possible services.
Comment by Linda Martin — January 6, 2011 @ 12:40 pm
DCF is using past case that was closed and So taking a complaint which these people in my town befriended. My son that was eleven atvthe tome when my son turn ed reelection this people got this plan in there heads to find s way to take my son do they can get child support to keep there skate board business afloat. So they concocked this dramafied conclussion to brain wash my son that it wad dramatic and seriously a bad situation he was in and breed to find a way to get a out of a horricliving environment. He needed to stay away from home ad much as possible so they constantly kept him from me saying is it OK ryan stay over tonight Duane take him school in the morning so he don’t have to walk. Well you see he Gandhi’s wife were doing this to about three different Boys including
Comment by Laurie M — January 8, 2011 @ 10:15 am
Laurie, (and everyone else) you’re welcome to register at our message board for feedback on your case. http://forum.fightcps.com
Comment by Linda Martin — January 10, 2011 @ 2:44 pm
I want to sue CPS in Los Angeles County. They were in favor of giving us our grandchildren. But, never did. They were too afraid of the Judge to make that actually happen. Our Attny filed an Appeal, it was denied based on unfactual lies.(Sept 2010) One Justice sent a five page scathing opinion as to why he did not agree with majority. And said “what an injustice was brought to our grandchildren and to his granparents”. Our precious grandchilren love us and we love and miss them soo very much. We are out raged to say the least. Who can you refer us to? We live in Northern Cal.
Comment by Cindy — January 10, 2011 @ 5:04 pm
Linda,
I may soon have the opportunity to speak in the legislative session here in Louisiana, in Baton Rouge and would like to hear from anyone in Louisiana who might wish to appear there with me as a “show of force”! I am a grandparent whose legal custody of our grandson was arbritarily “taken” from my husband and I via the juvenile court judge even though there was no abuse/neglect. I also would like to know what you, (or anyone) believes is the most crucial point in changing child protective practices. Please help me in any way that you can. Thanks.
Comment by Janet Gentry — January 11, 2011 @ 8:53 pm
Any one in Louisiana? Having a hard time to find help!
Thanks, Michelle
Comment by michelle — January 17, 2011 @ 7:48 am
Michelle, look in the phone book for “Constitutional Law” attorneys. Also go read cases at the federal courthouse – cases that have been filed against the Department of Social Services. Find out what attorneys filed them.
Comment by Linda Martin — January 17, 2011 @ 3:29 pm
I want to sue cps in my county for damages, I also would like to try and have the findings(minor emotional and minor neglet) overturned. we were not able to appeal at the time because we were in a sever custody dispute with my ex, and each had false criminal charges we were facing (now dismissed) we were already paying 3 different attorneys. couldnt afford this too. I am just heartbroken because cps promised to help us with “services” but didnt do anything, and even had hippa violations (shared info with my ex about statements made to a therapist from my other children myself and husband) which he used to gain temp custody. I have my daughter back…but how can I just let these people do this to us??? My rep is ruined and I lost a year with my daughter and spent about 40K on the custody case alone..help where do I start?.
Comment by Kathleen — January 19, 2011 @ 9:46 am
Janet do you have a date for the Baton Rouge, Louisiana legislative hearing? I am having a hard time finding an Attorney willing to fight the judical system. I feel I was set up by OCS and the Court System.
Comment by Debbie — January 23, 2011 @ 8:03 pm
Debbie,
I do not have a date yet but will let you know if you wish. Louisiana attorneys do not seem to be able to “fight” the system because they do not want to “make the judge mad” or they are woefully incompetent to do so. I wish I knew of someone but I do not because I believe that if we had had a competent attorney we would not be in the position that we are in. I will be on the look-out though.
Comment by Janet Gentry — January 24, 2011 @ 2:13 pm
Have you heard of Brown & Duncan from Hammond, LA? I interviewd with Brett, he used to work for CASA. They claim to have experience with OCS and with Child Advocacy and know all the tricks, but state OCS is hard to fight. CASA wanted to keep my grandson in our home, but seems they were not able to fight the system. Send me an email if you find out a date or anyone willing to fight. I have tough case here and due to the buddy system it’s hard to find an Attorney. They are expensensive. Thanks for getting back with me.
Comment by Debbie — January 24, 2011 @ 8:03 pm
Debbie,
I have heard of attorney Brown who was supposed to sue OCS on behalf of a family whose two young sons were taken by OCS on false allegations and they kept them in the “system” for six months! Seems this is the “required” time for OCS to make their federal dollars on the lives of our families and children. I did contact attorney Brown but he did not want to take our case unless we engaged his services. I have not contacted attorney Brown since last year and do not know if the suit was ever brought nor what the outcome was since the children were returned after those six months. Perhaps what we should do is initiate a class action lawsuit. I will let you know about BR.
Comment by Janet Gentry — January 28, 2011 @ 4:53 pm
my wife and i are going through the same process of false acusations. After two years they just rekidnapped my 4 and 6 year old daughters a second time because my wife and i wont go to more therapy and classes. my head is spinning from all of this. We did find an attny in San Diego that will sue san bernadino county. I havent worked a full time job in about 2 years, and my 14 year old fresh mouthed son………..well, he gets away scott free!////////I hope he enjoys foster care as he couldnt stand up and say the truth about the day i kicked him out. That social worker Rhonda Waring,,,,,,,,,,she’l get hers in court.
Comment by jon — March 19, 2011 @ 1:36 am
the orange county DCS took my kids because i miss 4 doctor apointments out of makeing it to like 150 of them, the social worker is twisting me and my husban words up in his reports makeing it look like we are crazy and a need of some mentel help they gave three of our kids back and is trying to build a case with the other three im lost now because they want us to admit we are the bad parents and monsters who they are putting in their court reports
Comment by sandra — March 21, 2011 @ 10:58 pm
I am trying to find a lawyer here in Louisiana . If any one know of one please let me know because I need to put a end to this before it goes to far . And I have lots of questions that I need to ask about things
Comment by lisa — March 23, 2011 @ 7:56 am
cps took two of my grandbabies and would not give me kinship guardianship. they made false accusations about me and i have the different cort documents where cps contridicted themselves and falsefied info. the worker that were involved should not have had anything to do with the case due to a conflic of intrest. one of the workers that came n took the first child was having an affair with my cousins husband and the acual case worker is the daughter in law of a woman that i had gotten repremanded for releasing private info about me while i had a stay in the hospital, she was my counselor. i requested these people be taken off the case but cps told me ther was no conflict of intrest. then cps interfered with my job by telling my director i was not allowed to take care of 4 patients that were involved with dhs because of conflict of intrest. it spirreled out of control after that. i couldnt hire a lawyer because i couldnt afford one. i need to speak to a lawyer that could possibly help me to prove cps falsefied documents about me there for causing my grand babies to get adoptd under false pretenses. help!!!!! grandparents deserve rights, afterall, we are thier family and no one loves them more than us. my blood is thier blood and my heart belong to my grandkids!
Comment by jacquelin — March 26, 2011 @ 9:27 pm
CPS stole my daughters @ages 10 & 14. 0ver 3 1/2 yrs ago. I was just made to sign surrender papers as to my now 13yr old she is happy and doesn’t want to be pulled from a life she has had for all this time. CPS never allowed me to see my children the entire time saying “it was up to them” who lets a 10 &14 decide. I am a pain management patient and need to be on narcotic medication. I don’t abuse it. CPS kept insisting because I was on pain meds I was incapable of taking care of my kids. At first I wasn’t working and have been on SSD since 04 due to the severity of pain. yet I was quite capable of caring for my girls. It was hard at times but I did it.. For the past year and a half I have been working part time as a domestic violence counselor. Even that wasn’t good enough. They have forced me into detox, drug treatment counseling etc trying to prove that I am a drug addict and have convinced my girls that that is what I am and that I refuse to do anything about it (even tho’ I attempted detox and suffered in such pain for two straight months I almost killed myself because my headaches were so bad they landed me in the hospital seveeral times and I was yelled at by the doctors for refusing to take pain medication. So I did end up going back on it because I could not function. So because of this and other things said to them they don’t want anything to do with me. My 17 yr old hates me. They won’t even accept B’day or Christmas gifts. This has torn me up for 3 1/2 years and now that I’ve had to surrender my rights I feel like I am no longer a parent and my heart is so crushed there are days I don’t think I will make it. I’ve missed my girls growing up because of them. They have lied, manipulation evaluations, gave me two lawyers who did absolutely nothing but make things worse for for the first 2 years. Then by the time I got a decent lawyer we were having the trial and she didn’t know the case. Even if you read her closing arguement and what the judge wrote they don’t even coincide or talk about anything the same. He – the judge makes no sense. I don’t know what to do. My Cps worker and one of the law guardians and the one particular atty the dept had are three people my atty said have been responsible for doing things like this to others before me. She said she came in on the case to late to do anything. Please help me before I lose it. I have no idea who to turn to besides God and He promised His glory would be shown in all of this. I’m not seeing it and when I had to sign those papers I was waiting for it but still nothing. I’ve felt betrayed but still the grief for the past 3 years has been so overwhelming. At times paralyzing. And since November then January when I had to sign its been crushing. There’s got to be a way to stop this. My girls were stolen and brainwashed. PAS they call it Parental Alienation Syndrome. Usually it happens with divoces. CPS is the worst offender. And it is a form of child abuse. One of the worst kinds. I need help with this.
Comment by Deborah — March 29, 2011 @ 9:58 pm
Deborah, I can identify… I have a PAS daughter and even after all these years she will not talk to me, so I totally understand your grief. We created a new section of our message board a few months ago called “Recovery From CPS Trauma”. You’re welcome to register on the board and post your angst there as I’m sure many will identify with your sorrow. My PAS daughter was taken from me by her father when she was about seven, and now is 30 years of age. Her older sister established a relationship with me when she was 18, but the younger, never! So I do understand PAS and the pain it causes.
Comment by Linda Martin — April 1, 2011 @ 12:54 pm
I think we need to work together and organize as a group. Get your friends to write character letters, what they know about you, that you are a conscientious parent etc. It can be overwhelming. We need our voices heard and we will need to sue helping eachother. I am finally submitting complaints in the proper way. Complaints against Social Workers is the first step. Get the false CPS document in your hand to see, it took me 3 years to do this. Follow up with complaints. Make copies, organize documents, scan documents on your gmail account.
write to me
kelmoy at gmail.com
Comment by kelly moy — April 2, 2011 @ 3:59 pm
I am just starting process after CPS has taken away my daughter. I am with hope of someday soon getting my daughter back from these monsters, but after reading the posts and other information online I am not as optimistic.
I had 75% custody am a good parent, and have went through a despicable toxic custody battle with a Russian Online bride. Considering doing “The Any Country Foreign Bride Thing?”. (DON’T EVEN THINK ABOUT IT!) Unless your a sadist!
***Conclusion*** If your going through a divorce custody battle or have any other concerns for a child DO NOT CALL THE POLICE, OR CPS under any circumstances!
Get legal advice, go to the courts and get a protection order, if applicable modify your parenting plan immediately. Be prepared to support concerns. That’s all! Sure I was told not to call or make reports but not told, what to do if I suspected abuse. (BAD MISTAKE)
I have not seen or talked to my 8 yr old daughter since 4-20-2011 when I dropped her off to school. It’s time to gather together and end this CPS monster.
Very sad CPS= Child Punishment Services
Comment by Daniel — April 26, 2011 @ 10:54 am
I am grandparent who was raising her granddaughter. CPS worker and my daughter Tabitha I didn’t know they started
the accusation.My husband molested our granddaughter. Tabitha was the one who claim all this and CPS the one who gave her the idea. I want to sue CPS .Because they made our life miserable with out our granddaughter. Because they had my husband and i see psychology and myself psychology. The judge believe my daughter due to she has attorney and I didn’t have attorney. You tellme is this justice.
Comment by Debra — April 28, 2011 @ 5:29 pm
They have restraining order because the CPS think I am going to kidnap my granddaughters. And I lost all the managing conservator. Tabitha thought she didn’t have to pay childsupport. She has to pay fifty dollars a month.The father one of my granddaughter who is three her father owes six thousand dollars behind of childsupport. And the other one owe 250.And Tabitha owes 300.00 for behind on childsupport.
I miss my granddaughters so much. I didn’t see them on Christmas and Easter.
It hurts so badly .I have written to newspaper and magazine.I wrote to Texas governor and Office consumer Affair.Senator and Congressman and Texas representative be lied to by CPS.I want to be apart of sue the CPS.False accusation towards my husband believe in a woman who has been crying wolf for a long time.
Comment by Debra — April 28, 2011 @ 5:36 pm
Back in October of 2010 Cps took my kids illegally we never had any court date of any sort and when asked to provide legal documentation they couldn’t provide it after 3 long and agonizing months they gave my daughter back after I called my governor, the social worker that took her was fired a few days later , in January of 2011 I was placed into custody for a shoplifting charge which occured back in august of 2010 once again they took her again when I was released they wouldn’t give her back what can I do about the first incident when they violated my constitutional rights and took her illegally they know they screwed up and now I feel like they are punishing me for knowing my rights and going to my governor this had destroyed mine and my little girls spirit I would like to sue them for mental anguish and anything else I can please help… Broken hearted in Nevada
Comment by Lea — May 9, 2011 @ 1:23 am
Lea, only a lawyer in your state could advise you on how to sue for the first incident. Usually the lawyers appointed to help you with a CPS case are not the right lawyers for suing, and you would have to find someone else, perhaps a lawyer that specializes in Constitutional Law.
Comment by Linda Martin — May 9, 2011 @ 7:43 am
I’m persuing getting my 24 month old gr-son back. I was awarded kinship care. I went into the hospital for 4 days with pneumonia & he was put in Foster Care in Feb. Had to get an attorney who is assisting me to get him back. This was a 21 month old perfect child.
Since he’s been taken he stopped talking, eating, has diarrhea 6 times a day and pulls his hair out in patches and bald spots. I’m looking to sue. It will take years if ever to get him back to normal. Kids have breakdowns too and it”s evident that he has PTSD from the trauma!
Comment by Sylvia — May 25, 2011 @ 1:31 pm
Sylvia, have you tried requesting an administrative hearing from the state department of social services? It sounds like your kinship care rights are being violated if the grandson is in a foster home.
Comment by Linda Martin — May 25, 2011 @ 3:00 pm
Confidential to Deborah: I didn’t post your comment because it contained personal information. I do not give referrals to attorneys at this site but we do have a list of juvenile court lawyers … you might find someone listed there who can help you.
Comment by Linda Martin — May 27, 2011 @ 7:46 pm
i live near buffalo ny city of dunkirk. My two daughters were taken mainly on the issues of the mother and I fighting. Eventhough it was never done in the presence of the children. It has gone on years now and they finally made me sign my rights over to them as I cried. They told me I had two options go to jail for an undetermined amount of time seen fit by the court or sign the kids over? I have exhausted so much and I dont have the funds to fight i miss them so much we did everything for them they even gave them back at one point then came back in and took them again. Now there placed. Im distraught i miss them idk what to do i am disabled and this is so hard on me. There are no checks and balances in the cps system. In chautaqua county ny where i live the judge last year admitted wrongdoing in the paper ? The same legal team that took my children admitted wrongdoing in other cases? Doesnt that warrent an investigation by someone? There happy go lucky snatching up kids here? please help 716 224 2991. Im brasin contact me i want my kids home i want to sue them for every thing i have suffered. Unless this happened to you you have no idea. thank you
Comment by ryan — June 25, 2011 @ 2:47 pm
we as american need to stand togather and let these people know that we pay them with our tax dollars and we need to let our goverment know that we will no longer stand for there thinking they are above the law do we live in america hell in do know anymore ..the home of the brave the land of the free or shake in the lite of cps stand for no more
Comment by john j — June 29, 2011 @ 3:24 pm
stand up dont let cps violate our constitutional rights any longer stand up call everyone in goverment and let them know how you feel …….tell them we are mad as hell and we will not take anymore
Comment by john j — June 29, 2011 @ 3:29 pm
OMG I just assumed that I would in just be at the hands of fate considering the arrival of DCF the day I had spent the most of 2 days not being able to even feel like moving, Leaving unfortunate circumstance of an unkept home, needing a cleaning that I just failed to do prior to CPT asking to come inside to discuss some accusations of drug use,pimping out my 13 yr old,for money & drugs.& involvement of sex conduct being present w my approval.My yard refered to as Garbage Dump.If u will allow a moment of info..(My daughter is 15 & is my angel because of circumstance of never being able to find a friendship due to an intellectual disability & our fight to defend the out right hurt of her because of her lack of understanding or the ability of laughing for reasons only she possessed & in ability to control the outburst that many condemned her just acting out of defience or hate.(also coming to be a mama again) & spending countless time & testing to prove the gift of a new life without the abuse these children suffered from their maternal family. They have overcome the very memory of the suicide of the bio mom with them left alone with her after dying for a 40-45 hrs of her dead body present. I will not pass judgement but would like to allow the total transformation of a Diagnoses of autism mute with no chance of ever getting past that to a miracle of ADHD & anxiety issue that was also diagnosed after the love & support my husband & I instillled in these boys that came to us with no other reasoning of fear of being beat. We have just been hell bent on the promise that we would never leave or abandon them & it proved to be a situation of trust.)
Ultimately the day DCF came I invited her in as I was familiar with the entire process of a assumption of whatever was the latest in a long line of never having a case against me, (but the placement of children by DCF & court order for out of control without the abiity to even continue the juvenile visits. He attended school with my want to help ihim. He as well has 2 IEPs that doesnt appear to belong to his record there was that much change in him.) I offer no excuse of the yard needing to be raked I do not deny the need of a deeper clean of my home that day. But as soon as I heard drug use I volenteered testing or whatever to prove once again the abilitty to prove wrong the need for DCF involvement. She was perfectly pleasant during her questioning she offered an approximate time limit to allow closing of Investigation. She spoke to my children & mentioned a walk through of the home. OMG I immediately became not scared but embarrassed over being not in a perfect orfer. I told her to please allow just till the next morning so I could atleast attempt to straiten the not what I consered trash but still a insult to my abiilities & embarrassment of being seen. She then looked at me with a EWW appearance & said well, by lasw u have n choice in what I can do. It is DCF was allowed to do. Well I cannot deny insult of a snaughty thought to my home. So I told her that law also stated a need for Law enforcement & why did she just get the Officers there to allow her to take total disregard to a home that she visits not owns. Beofre arrival of the call for assistance. She was given the go ahead just to allow the situation to become over. She walked through, after never speaking to me or denying the complete disregad to how the officer claimed we were obvious drug involved because of a box of nasal decomp that had 5 pills left from the purchase of obvious need to the fact of our involvent with a med that was a main ingrediant to making Meth. I basically thought he was just going over board & told him to go to his car & get the test kit for what he claimed were present. He then said I had alot of knowledge of a drug that would not have been there without my abuse of. I basically defended my home & children wth obvious disregard his claim of FACT. & my denial being just amother effect of substance activity. Ultimately he claimed his tax dollars paid my bills, by my SSI of a disability. Basically the words of request for a full search of the premises. I tolld them to have at it I had nothing to hide. Upon completely the search she informed me of sheltering my kids due to a knife on the floor in my bedroom & pocket knives found in a sock drawer. that was a accessable area to my children & considered neglect in not locking them up. They also Found the empty bottles of adderall that was in my room that I had refused to give my children unless it became a need of control. I flushed several pills due to the scarring my daughter was inflicting on her own face & leaving blood & sores to the inability to stop. I was told it was a fact I had either sold or consumed the meds. & still no difference upon passing drug screening not 1 but 2 before she even left because of an unbelief of mistake. Any way We arrived for court & was again shocked by the finding of neglect or abuse to be pesent. I still hold no understanding of why it is considered fact if the DCF says something & I am only allowed to offer whatever at the accusations being a fact. We immediately agreed to whatever to get my children back. I rrecently met the caseworker & asked what the accusation was of. She said she did not know. But just go along with the process, proven myselff remedied upon their involvement, She also told me I would not be getting my kids that soon but she was filing for custody on the next court date. I asked why, She did not know. there are outlandish tale of my homes hazzardous to disrepair that can be proven to be a lie with just a second glance at the statements of DCF She would not so muuch as see what I was talking about. She just said to allow remedy of my abusive behavior being harmful to my children. I swear I ask for nothing more than a correction to lies of my homes repair or even the ability to come close to description by this woman. I have seemed to slip into an impossible to believe situation of what I could prove was false yet evals of me & mine intended was no way a check of the statements, by not agreeing with me but just check it and compare her statements to what she herself could attest to or agree with I was told the neg drug screens meant nothing they had ways of knowing of abuse of drugs with a childhood trauma & proved to be a fact of abuse caused a person to abuse. I am with everything I possess begging for advisse on where to turn in a tale of Nonexsistance to a life. this is just the most unbelievable occurence that I find hard to acept the reality to possibly even a belief in my own breakdown of my very life being torn at … PLEASE ANY ADVISE WOULD PROVE APPRECIATED FROM MYSELF & HUSBAND WITH BLESSINGS IN LIFE FOR ALLOWING JUST A MOMENT OF UR TIMEIN READING THIS… PLEASE I BEG FOR THE VERY SLIGHTEST OF A WORLD RIPPED DOWN.
Comment by Jenny — July 8, 2011 @ 6:03 am
back in 2005 my youngest daughter was 2mo and cps came knocking on my door stoped me from taking my child to her well child check up. then a month later forced their way in to my apartment while my husband was the only one home and procedeed to threatin him and they wrote in the report that he was violent and that i was neglecting my daughter by not taking her to her appts and took her from me by lying saying that we were going to the jail to talk but before my husban and father could get there they had her in another car and was gone we went to court and they said that i had a drug problem because i was taking vicodin but did not bother to check the perscription and i was told i had 2 choices 1 adoption out of state or third party custody to my step grandmother so i chose 3rd party custody and found out later that it was her that called cps on me. know she is letting her son who molested me when i was 3yrs old to live at the house with them and take them places and cps wont do anything for me because the charges on him where droped because i was to afraid to tell the judge what happend and was to young to talk…… now the cps case is over and my step grandmother wont let me have my children back she says that they are hers
Comment by michell — July 12, 2011 @ 6:33 pm
have a son with high IQ & low social skills which is apparently common but came many challenges, including violence from him. dss labelled me abusive but don’t know how. no therapists agreed i did anything wrong. name still being dragged around as bad mother years later and son agrees to manipulation toward the system and sent a letter to the state. don’t know how to fight this. any help out there? he’s now grown and feels so bad. 10 years later now being used to keep a grandchild away from me after loving him for 7 years now. never abusive.
Comment by diane — July 29, 2011 @ 12:32 pm
hello, thank you all for so much information! I’m not sure what my rights are or if I even have any. At the request of my attorney I signed my rights over (Michigan) being told that I could fight for my kids at a later date (i wrote my family court judge about this and he later became my criminal case judge), my son had murdered his sister while I was away from home and I was in criminal court while fighting for my kids. I was told that once my criminal case was over and I got out of prison (I never went to prison thanks to my awesome prosecutor and judge) but I had already signed over my rights only to learn later that it meant my kids were gone forever. Two of my son have been raped (one at Whaley House in Michigan and the other one while with a family member and the guy is now in prison for it) . I’ve never harmed or hurt my kids. However a few yrs leading up to my daughters death my evil ex and his wife (her sister just adopted my daughter dispite tesing positive for marijuana and being told she can never adopt another child ever again) would call protective services on me often and although they would come in and investigate they never found anything so when I made the mistake of leaving my home (my next door neighbor was supposed to have been there) and my daughter died at the hands of her then 8 yr old brother all of Michigan was against me because it looked as if I was a true monster despite none of my kids had ever been hurt, had bruises or any of this. I was in the Army at the time and had not too long ago gotten home from Okinawa Japan with my unit and was working to go active duty when this all happened and I was not thinking. I had awesome attorneys for my criminal case but didnt know to get a paid attorney for my family court case because I figured my attorney knew what he was talking about when he told me to sign over my kids and fight for them later. It’s been 8 years and my kids are catching hell. My son was sent to Nebraska and he hasn’t been able to see or visit family for 3 yrs and recently he snapped and ran away and he’s out there somewhere in Nebraska and we have no clue where. His casewrokers in MI are horrific, attorney is nothelping him, when people who try to help him get close they change everything and I’m being told I can’t do anything my rights have been terminated. My parents or can’t see my kids and they aren’t allowed to go to any family members despite my mother adopted countless kids from Flint MI and took awesome care of them. Not many foster kids are sent to private schools and things of that nature. I’m not sure what to do and I’m afraid that my son will snap or worse I will. I’m in Florida now after having remarried (my husband is law enforcement 20+ yrs) and we’ve caught hell down here and CPS in Michigan has even called down here (florida) to inform CPS here that I was a baby killer and they opened a case but due to my husband it was closed before it even began. I was told that CPS is a money making business and I am assuming that this is right because they went as far as trying to take my kids from me while I was carrying them and living in Florida. I need help and I know I messed up but is this right??? I’m not being sarcastic I have just been told so many times to deal with it that I’m thinking perhaps nothing can be done.
Comment by mommyof9 — July 31, 2011 @ 6:44 am
In texas can cps question a 3 year old without parents presen?. A little girl (another 3 year old) made accusasations of being sexualy molested by another 3 year old boy. then she changed her story and said it was a very tall man. they still want to question the 3 year old boy though.
Comment by gramak — October 5, 2011 @ 3:12 pm
My son daycare reported to CPS that my sracthes on his face. Which me and my mom explained to the provider that him and my little sister which is four years old and he’s three years of age were fighting over a toy. We removed them from each other and clipped her nails and talk to her. Cps took my son from school trying to say I go around scratching my child and it’s Friday and can’t do anything till Monday because there off. Iam very upset they have no court order and iam nor a unfit mom at all. They don’t believe were dey came from is true. I wnt to Sue them for damaging my baby mind and iam stressing because iam pregnant and due any day. Now I HAV to deal with this.
Comment by kionnia — October 8, 2011 @ 5:12 am
I came to this site trying to find if there is any precadence of children who were falsly taken. ageing out of system and sueing cps for ruining their lives. to stop any assumptions. dad remodeling kitchen took out all cabinets and counters. then got his usuall lasy attitude and refused to put the new ones in. or fix a weak floor board. neighbor kids told mom. mom called cps. ???? yup kids were taken over kitchen remodel. but thats not what they said in court of course.they lied about EVERYTHING. But my question, as their mother went through all the court appointed attourneys she was allowed and didnt have the resourses to hire more. have any foster children ever, as adults, sued cps for destroying their lives and families. the oldest boy will age out very soon. and as soon as we get him off the drugs the state has used to subdue him all these years I would like to see him sue.
Comment by lee — November 14, 2011 @ 1:25 pm
Lee, yes, children can sue CPS so long as it is done before the statue of limitations tolls. Usually that’s within two years after turning 18. Consult a local attorney for accurate information for your state and region.
Comment by Linda Martin — November 17, 2011 @ 9:01 pm
Seeking an attorney outside of Dallas County to file suit against CPS for false allegations of my kids being removed from my home. We have lived in Dallas for six years and are still currently residents of Dallas County. We also believe that CPS and other government entities are involved and are making it seem that we are not lived in Dallas or have moved out of the state of Texas. We have proof that personal and private medical information was changed and false allegations of mental illness was used to remove my daughter from our home. We have proof and need aggressive representation ASAP.
Comment by Dionne Billy — November 29, 2011 @ 3:59 pm
My kids were talking 5 years ago for being late on shots..they took my 3 kids & in foster care my kids were molested one kid had broken foot & stitches in head! How is that better than being late on shots?
Comment by casey — January 18, 2012 @ 10:21 pm
My kids were taken 5 years ago & my daughter finally told me she & her younger sister were touched! Can I still sue now???
Comment by casey — January 18, 2012 @ 10:25 pm
Casey, probably not – but your children can still sue until two years after they turn 18. Consult a personal injury attorney in your area for more precise information, as every state has different laws.
Comment by Linda Martin — January 19, 2012 @ 10:25 pm
UNDER CIVIL RIGHTS ACT,U.S.C. § 1983
“The claim and exercise of a Constitutional Right cannot be converted into
a
crime.”
Miller v. U.S. Source: 230 F 2d 486, 489
Children Rights and Responsibilities of Parents
Parents have a right to direct the care, control, and upbringing of their
children for as long as they are minors. This gives them the power to make
various decisions on behalf of the child, including where to live, what
school
to attend, what religion to follow, and what medical treatment to obtain…
Comment by Mare — January 21, 2012 @ 7:32 am
Well I have five kids that were taken by cps and I really feel that they screwed me because the things that they said were not true. Cps made false statements about me. The things that were said about me was that I was using drugs and i promise to god I wasn’t I passed all if my drug tests up until my last court date when it was time for them to return my kids to me. They tried to intimidate me by saying the only way I get my kids back was if I went into rehab. At first I said to myself I’m not on drugs so I’m not gone let them do this to me I’m not on drugs then I thought about my kids and said ok. When I called to get into rehab they asked when the last time I did drugs my pride wouldnt let me tell a lie and say I was in drugs so I hung up.I then called the child advocate which was on my case and she said to me tell them that you did drugs 2 days ago which it was a lie. I did what she said and they gave me a date when to come in. When it was time to go I had all kind of mixed emotions going through my head, saying why am I’m letting cps trick me into going to rehab when i know I don’t do drugs.so when the people at the rehab place gave me an drug assessment I told him the truth when he asked the last time i did drugs. I even told him that the child advocate told me to lie and say i was using drugs in order to get accepted in rehab. When i said to the man what happened he replied I can’t let you into rehab if you not doing drugs.I then told him that cps said if i didn’t do this that i wasn’t gone be able to get my kids back. And he then said he would speak up for me if i needed him too. After that i then turned to the child advocate which was there with me and said they don’t want to accept me cause I told him the truth that i don’t use drugs.she just looked at me and well let’s go. It’s was then reported to me cps worker that i didn’t get into rehab and cps insisted that i get into a drug program. My story goes deeper than that. I’m so devastated right now cause i don’t know who to turn to about this matter because people are scared to go against the state. Well I’m not cause they wrongly accused me and i have a case I know u do. I just need someone behind me in this I refuse to let the state and cps get away with this i love my kids and i would go to the president for them.I just wish I can take a lie detective tests or something to prove I’m innocent. And this case was in Houston and I’m from new Orleans another reason why I believe things went the way they did. Another thing they refused to let my kids go to family members. And what’s kills is that i complied and completed everything cps had me doing so i don’t understand why they did this to me and my kids.but what I do understand is that cps is evil and they screwed me in the most hurtful way i want them to pay for this
Comment by keisha — January 26, 2012 @ 1:26 pm
In 2007 I moved out of the state where i had lived with my ex-boyfriend to my home state. I had 16 police reports over a 3 month period in which my ex had harrassed me. The local police who were his friends did nothing and the reports never made it to the prosecuting attorneys office. He went after custody of our daughter and won by lying and paying the neighbor lady and her daughter who he has had sexual relations with to lie in court. Since then he has had all parental rights to another daughter terminated by the same court for child abuse. My daughter told our family counselor and a MI cps appointed medical doctor that her father fondled her but IN cps put her back in his home. My daughter needs help. Please.
Comment by Shary — February 7, 2012 @ 7:26 am
cps took our daughter, made MANY false accusations and ended up placing her with a CONVICTED CHILD MOLESTER!!!!! any remedies? lawsuit? etc.?
Comment by debbie — February 24, 2012 @ 12:18 pm
I need help and I need it quick I have been fighting to get custody of my cousion since October 2011 I went to cps and asked for a home study and to have my finger prints done they just keep blowing me off so I file a tem for custody and I didn’t file the pros cuter so they threw my forms out but before that happen the judge did make them give me a home study after passing my finger prints and home study they still made me follow up with the court instead of placing him in are home so I got a lawyer and we went to court only to have the judge give them pc and and say he doesn’t want to choice between me the biolog family member and the foster parents whom had him from birth and formed a bond I just feel I haven’t been done fare he is are family and belongs with us what else can I do PLEASE Help in ohio
Comment by Alicia — February 28, 2012 @ 10:20 am
I was notified on Thursday that my 11 year old son was interviewed by CPS for over an hour and a half at school. I heard this from my ex-husband. If you can imagine I was extremely upset. Why would he know and not me? So I called and spoke with the case worker. She informed me that the original case worker quit and the case was given to her. She stated she did not have the time to call me. She interviewed my daughter on Monday as well as my ex husband. Now I have not heard anything from her but my children told me tonight that I will need to take parenting classes and a psyciatric evaluation. Once again how do my children know these things? Please keep in mind I have not even been informed. What can I do?
Comment by Lorin — February 28, 2012 @ 7:55 pm
Alicia, if the judge didn’t make a decision between you and the foster family, then you might be able to request an administrative hearing from the state department of social services. Read your state’s social services regulations regarding kinship care rights. Sounds like you have a case and it should be up to the state to make sure the counties are following state regulations.
If the judge made a ruling against you then the administrative hearing isn’t likely to be helpful. They will say it isn’t up to them to decide, because the judge already did.
Comment by Linda Martin — February 28, 2012 @ 10:29 pm
Lorin, if they don’t take your children or take you to court you don’t have to do anything. It would be a great idea to get an attorney right away. Having an attorney is the best way to keep a CPS case from starting. If the caseworker thought there was serious child abuse going on the children would not be sent home. You can get more feedback on your case in our message board.
Generally, if a case goes to court, the judge orders parenting classes and the psychiatric evaluation… for both parents, not just one.
Comment by Linda Martin — February 28, 2012 @ 10:53 pm
I would like to sue cps due to they are the ones neglecting my daughter and I need to do something about but don’t know how to get it going please help me!!!
Comment by April — March 4, 2012 @ 10:01 pm
April, you can get some ideas on how to proceed with a case against CPS from the advocates on our message board.
Comment by Linda Martin — March 8, 2012 @ 10:54 pm
Our kids were taken Feb 8 without warrant, and without any verbal or written safety order(whatever that is). After a police visit due to noise complaint, our case was opened when police suspected me of drug use while me and mom were both home with kids. I passed psych eval and urine, blood and hair drug tests that same day. Have taken another clean urine and hair drug test. CPS claims that I was not supposed to be left alone w kids because of drug use although I tested absolutely negative on every test. Also, CPS was given copies of my medical records from a psych clinic without my consent and before even letting my girlfriend(mom) or I know they were going to start an investigation. Please help, I feel like people I tell this too think I am lying because they think nobody would act like this – especially the gov’t. Help me please, past legal and personal history is now surmounting. As parents, we have been next to perfect – this is unbearable. thanks.
Comment by william — March 13, 2012 @ 12:39 am
Also, can a habeus corpus get the kids back to us if we can prove constitutional violations? What is the history of writs of habeus in this type of case? Please and thank you so much for any and all info and help.
Comment by william — March 13, 2012 @ 12:43 am
I had a case with cps that started back in 2007 with my first daughter. my daughter was taken away from me when she was 9 months for false accusations and made up lies that weren’t even true. i found out who told cps all these lies about me. It was my father in law. im married to his daughter. he also called the cops against me saying lies. i need some help i haven’t seen my kids for 2 years they took all 3 of my kids away. i did everything cps wanted me to do in order for me to get my kids back, i relied in the system but my in law family keep on making up lies against me. cps wouldn’t believe anything i told them, and my public attorney was saying its 5 people against you who should i believed. he would believe also i word i was saying. i missed my kids so much. i don’t get to see them. The last court day i had was 2011 on January. i need help
Comment by joel Isaiah saenz — May 20, 2012 @ 12:47 pm
Joel, have you talked to any constitutional rights attorneys in your area?
Comment by Linda Martin — May 21, 2012 @ 10:54 pm
I would like to sue my cps agents in omaha nebraska. The way they go about their investigation seems more like harassment and intimidation to incriminate myself I’ve never been a violent person or had dometic violence isssues but the tried to convince my girlfriend to leave me because I am violent and will hurt her. What should I do here? I have a lawyer and am going for custody of my daughter because she was arrested on paper for child abuse
Comment by nick — May 23, 2012 @ 12:17 pm
Hi Nick… good luck with your litigation against CPS! I think you’re doing the right thing, but to get into a battle between parents using CPS as a sounding board could be dangerous. They will collect negative information about both of you and use it against both, possibly putting your child into foster care (if she isn’t there already) or adopting her out. See my page about Child Custody Battles and CPS. Sometimes it is best to work out parenting issues with the other parent, if that’s possible.
Comment by Linda Martin — May 23, 2012 @ 9:13 pm
i have my rights violated bc of cps bc i have a learning disability and bc i was in placement when i was a child
Comment by misty — May 24, 2012 @ 1:47 pm
Misty…
You have my sympathy. CPS is hard to fight… especially with learning disabilities. But I am keeping the faith that you can somehow come out victorious, and your child be saved.
I don’t know what your state regulations say… but they may contain some kind of clause against discriminating against people with disabilities. Here’s what I found in Texas CPS Regulations:
Comment by Linda Martin — May 24, 2012 @ 2:06 pm
My neice and her husband have been fighting cps since last Aug. Their older daughter was at camp, the teenage counselor was talking to all the girls about sexual abuse, the daughter supposedly told the girl her dad touched her when she was 4, now even after a confession from the daughter that she lied, and doctors saying she hasn’t been messed with and a phyciatrist has seen her and said that she believes nothing has ever occured, they are still putting them through the ringer, they have done every single thing asked of them. The county atty that had been on the case was removed from office by the county and a new one put in and that one says that they “Hope” they can fix this, it’s been ridiculous, we know they haven’t even done the investigation properly after getting a copy of how cps procedure in this state is supposed to be done
Comment by Stephanie — May 25, 2012 @ 4:34 am
CPS took custody of my daughters two little girls with no paper work &she was not brought back to her hearing because she was incarsurated.THANK YOU.
Comment by jan — May 25, 2012 @ 9:20 am