DEFENDANTS, Court:United States District Court, W.D. Im Maria and Im in California I would like to help in anyway I can because DCFS in California is one of the hardest challenges in law. The middle child spent 4 weeks in adolescent behavior health, we took her there per advice of CPS, after the second report of abuse. My two nephews were being neglect by their mother since they were born. of Buffalo, Inc., 906 F.2d 59, 61 (2d Cir. I have to say my parents lived in the same house as me so for these things to be true then that would make them guilty as well of this alleged neglect . I have just appealed the derision to terminate and I am ready for the next set up for failing case plan and do my best to make it thou the way they want no complaints, smile agree and never take your own stand with opinion . Someone who can lead me to the right direction. Swierkiewicz v. Sorema N.A., 534 U.S. 506, 514 (2002). Then, I sued them and won! I married a man with 3 children. i lost rights and I couldnt see her anymore she took her to the nicu. I didnt get to speak to my daughter for about a month because over night when they were placed together, she was transferred to a seperate home because supposedly the bed was already reserved. CFS said no dont do that, wait for the exemption. I hope you wont do that, Angela. Make your practice more effective and efficient with Casetexts legal research suite. Sign NOTHING!!!!! You have got }, { You probably won't find many people who sympathize with people who work in this industry. But their are thousands of healthy families thrown into this nite mare with nothing but hear say no proof and no proper legal documentation on the reasons and no warrant for seizing the child .. can I sue the in laws and cps for demolishing my bond with my grand children? }, { People still won't believe it until it happens to them.a }, { They won't ever admit to it. Many thanks. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Michael Riley deposition is available online here. Hope everything turnout for you I also hired Vincent Davis spent almost 30k and he did nothing for me I was really disappointing because he came out at first like he himself was going to handle my case, he never return my calls and I always had to keep making appointments it was terrible then he put this attorney Judy Nguyen she is is the worst lawyer doesnt speak up for you doest tell you exactly what to expect and then you have no idea what is going on. I havent yet, and heres why. In the instant case, CPS is not a "person" acting under color of state law for 1983 purposes. You have to take it case by case and see how things are changing from the perspective. Though, it often takes a lot of paperwork and time for that to be reopened. Before the CPS case gets moved to another state, the previous state needs to give approval to child welfare. These so called professionals the court appointed lied and falsified documents aiding father the abuser to gain custody. 2005) (quoting Bass v. Robinson, 167 F.3d 1041, 1048 (6th Cir. Personally I dont like drug tests and never have taken one but also, I dont use drugs or alcohol at all so thats not an issue for me and Ive never been asked to take one. This matter is before the WebLastly, when a CPS case closes, it doesnt imply that the authority wont revisit it in the future. Tommy, I would never call CPS for help in a custody case. CIVIL ACTION NO. The Problems of CPS Injustice Child Protective Services, CPS, has devastated and destroyed hundreds of thousands of families in America during the last forty-four years since CAPTA was made a law in 1973, leaving a trail of broken hearts, broken dreams, and shattered childhoods. Not one agency did their job to protect my child. As such, it has two basic requirements: (1) the deprivation of federal statutory or constitutional rights by (2) a person acting under color of state law. Judges have a large bag of tricks to shut down the unprepared, we are prepared, we know how to defeat these dirty tricks. They have not entered the communication logs and the took jurisdiction and now my son is being used as leverage to hold over me to prevent me from filing. I never abused or neglected so pray for our reunification . Section 1367(c) of Title 28 of the United States Code provides, in pertinent part, as follows: "The district courts may decline to exercise supplemental jurisdiction over a claim . http://www.angelfire.com/film/4tyler, I am looking for the original petition against Orange County in the Fogarty-Hardwick case, the 4.9M verdict. It is the way I start my day off right, so I can be happy while Im doing my work. Trish, I have had my share of battles with Cps myself .. Call them on it and threaten to sue them based on their civil rights violations. Why do we let CPS take our tax money and do harm to our kids and destroy our feeling in front of our kids? HELP! Therefore, Plaintiff's 1983 claim against Defendant JCPS will be dismissed for failure to state a claim upon which relief may be granted. Yet the cps worker said the children were fine living in a abandoned house with no food power or water I have the confidential report. I had only been in California for a week. Its an epidemic in family courts. It does not matter that you do your case plan or finish everything that is required by the courts to have your child return to you its much more than that its not that easy, it does not matter if you have never had a dependency case, or ever had any type of criminal record or that you do not do drugs or have any domestic violence. tell them the situation and they will help. Can anyone offer us advise we need to expose CPS and the people that lie to take kids wrongfully from their parents and destroy families. Now my other nephew who at the time was a year old and was also beaten has been under social services care, CPS has made it impossible for us to try to get him back home. Maria. For the reasons that follow, the instant action will be dismissed. It doesnt matter. This is a different level of psychological abuse. See Fed.R.Civ.P. Its pretty sad when you have to see your 4 year old going through A RAPE KIT and a CPS worker threatning you. My son is distant, insecure in himself and everyone. If you find discrepancies you can file for a state administrative hearing. He is two. Cps is bogus, unconstitutional, and is federally law, cps can do nothing without yr consent. I have been complete for an entire year done everything they have asked then bam new worker no longer compliant and or complete. He is amazing! WebWhen a report of suspected child abuse, child neglect, exploitation or abandonment is received by the department of social services, CPS conducts an investigation which can include talking with the child and arranging for a medical or psychological examination. "In order for supervisory liability to attach, a plaintiff must prove that the official `did more than play a passive role in the alleged violation or showed mere tacit approval of the goings on.'" My kids were stolen from me and I told the truth and followed the plans. Punitive damages to be determined against the individual CPS workers. Spend time in the Word and with Him. CPS uses their power to do harm to our kids such as to remove our kids from homes to terrify our kids in front of good parents and make good parents felt heart breaking because our kids being removed their home. Her case took 5 years and even though she won, she did not get her children back. God Bless you and to the familly enjoy the new beginning of the reunification of your kids. CPS does physical and emotion abuses to our kids and to our family. ?please let me know. United States District Court, W.D. Ive provided tons of proof showing lies upon lies from. . Now I am broke savings completely spent and almost ready to disappear with my babies at the first chance I get. No eye contact,I keep getting run around. Should Peterson wish to pursue claims on behalf of her child, she must obtain counsel. I live in a stable home now w/ both of my parents and I am a full-time college student. ABSURD!! WebThe majority of cases administered by Child Protective Services (CPS) involve neglect. My advice is to live close to your daughters so they can seek you out, and keep asking for visitation. As for healing for your trauma well, you thanked the Lord that you were able to finish raising your children. I went through Judges ,730Evaluation, evaluations at my home, physiological testing and much more. Plaintiff claims that neither she nor her daughter has ever been diagnosed with mental illness by a clinical psychiatrist and that they do not take any medications for mental illness. Still fighting as they are now trying to turn my babies over to my mother who has already picked up against my permission my oldest. Ive been dealing with CPS for years myself. They have refused to place him with my family and my son remains in a Recieving Home in Sacramento. 1983, charging constitutional violations in removing child I have a story for you that its out of this world. My son isnt doing so well without me and Im trying to stay strong. Have you read your states social services regulations? 7seven5-four55-63nine4, My son was kidnapped by Cps in San Mateo County I was in Los Angeles before that. If customizing one of our sample motions just isn't for you but you want to benefit from our arguments, we will do all the writing for you and apply best effort formatting according to the public rules in your state. I have a 7 at the time of removal who is 9 now A sweet ,polite and energetic .. My nephew has been kidnapped by CPS in LA and we need a lawyer that wins these cases of false allegations. 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! Many of our courses are available here. Ive seen the babies once in the past 14 months. If you have an open CPS case take notes on every regulation thats being violated by your caseworker. Thanks. Jennifer, whenever CPS is involved in your life, it is good to have a lawyer. The social worker in this video is racial and bias veiws she finds humor in a baby duck taped to the wall she casts spells and she has kept my three babies from me for three years drugged my 9 year old and lied to the courts 2. San Diego, California 92122 My daughter in law and her ex husband have destroyed the closeness and the bond that my daughter and I had with the kids and the kids want to be with their mommy (my daughter) and they are denied hell her in laws dont allow me any time with my grand children. stand up against CPS and Juvenile Judges when they infringe upon the rights of both parents and children. Kentucky, at Louisville. In fact, one of the first things we do in our Juvenile Court cases is to fight to get any child out of foster care I hot my kids removed again because supposably two patches came back positive for meth. My daughter informed me in 12/20/2010 that a former neighbor (who hasnt lived anywhere near me in 4 yrs +) had attempted to sexually abuse her 5 yrs ago. Theyre Stealing Kids Corrupt Social Workers the Norm Good Social Workers Dont Last, You might think that this is a new breakthrough, but attorneys like McMillan have been doing this for years, and still nothing has changed. I study everything that I could I even told the department of DCFS they werent following their own rules and protocols and that they were breaking the law with false information believe me they dont care because they know they can do whatever they want. WebMcMillan has been suing Since CPS since 2005, and his associates Bob Powell since 2002, and Donnie Cox since 1995. I heard he won a lot of cases and he was really good Im kind of surprised that you said that can you give me more detail? A mothers cry.. If the stars are aligned in this manner, then maybe, just maybe, youll get one of the handful of lawyers, like myself, who have been willing to put the hundreds of thousands of dollars worth of time into bringing a case like this. Two out of the three are now adults and I have a minor soon to be an adult. The handful of times I do see them they are covered in bruises now because I said something and took pictures all future visits have been canceled they moved them to a new agency over a week ago and will not give me the agencies information to try and arrange my. Idiot!!!! Is there anything else I can be doing to help the chances? WebWashington DSHS Cases and CPS Lawsuits Client Stories $19,300,000 Coster v. State of Washington DSHS removed M.D., a then perfectly healthy 18-month-old, from a stable Thank you Linda Jo. Between the time of seizure and the time of disposition. shall be signed by the [unrepresented] party."). Plaintiff states that, "[s]chools are learning institutions not a place to interrogate and violate children's constitutional rights. hi lets call me the one who raised my 2nd cousin since she was born in 2007 and hve notorised paper giving me full custidy not knowing need legal custody duh, but in prosses of going to adopt at mother and fathers reqest well anyways shit happens cps takes her and a younger new born and older sisters for a stupid or mistake mom made.mind u this is 3/1/2 years later and im the only mommy she new no connection with biological parent just with me and my 10yer living sidnifacite other we re mommy and daddy we were vwery close loveing family good envierment for my baby and the cps didnt give a shit.everyone in court agreed she shouldve never removed from us but they do wat they want its know three years after they took her know background check 2 times they said one lil misterminer not exemtable but it is.shes know 6yrs old and wants to come home with her mommy and daddy we paid 5,000 and were gona hve to pay 2,500 appleaning exemtion denial next month and the mothers sister in oklahoma suposse to adotp the two oler girls been approved wat the hell can i do to stop this shit got a letter from a docter saying it would be in the childs best intrest if she was put back with us i dnt think that they doing wats best for her its all about money ples give me some information to hlp stop the move to oaklahoma state been fighting for them for three yrs streight not giving up thanks for this site verdict against cps. Policy and procedure were not followed. The big sweep after covid to round up children and overwhelm the system is absurd, disgusting and a blatant abuse of power. They terminated my rights however I had four appeals on the fact that they did not have jurisdiction and I won the 1st appeal which pretty much was all four. I am not sure if I can offer any help but am open to sharing with you what I did to combat their illegal techniques. The new school was worse. Schs., 433 F.3d 460, 470 (6th Cir. The government is not here to help you and a lot of people dont understand thatThey will take something from you and it is usually some measure of your liberty. We know how to respond to anything they throw at you, you will NOT be doing this alone. THE LAW OFFICES OF SHAWN A. McMILLAN, A.P.C. The Jury found against the Plaintiff and for Defendant Elaine Wilkins, by a 10-2 jury vote. Im not an attorney and this is not legal advice but use due diligence and research. The facts of the case make a big difference in whether you can pursue a legal avenue with DCFS. They also stated their lawyer would be at the signing of this paperwork. 1915(e) and McGore v. Wrigglesworth, 114 F.3d 601 (6th Cir. In Orange County a mother has been awarded 4.9 million dollars in a case against CPS caseworkers and the Department of Social Services. My son was 14mnths when taking its now been 5mnths. Be prepared. The state could not even give an exact amount when McMillan inquired, thats how bad it is. Now I only get to facetime my baby once a month, Im not allowed to speak i just get to look at him at this point I see that as a little miracle just to see him for those few minutes. Well after two months we are done with their advise. As a constitutional family rights expert researcher and writer, Sherry helps parents and their attorneys see the possibilities in making constitutional arguments for parental rights as being in the childs best interests. He says thats because They are getting enough money out of the system. Dear friends we all can sue CPS the questions is: Do you have your paper work ready? Hello Daniel, Please reach out to me at dbunel-at-nexsentio.com or call me at (40eight) 210-1zero12 to talk! Every morning I get my tea and sit in a comfortable chair first I pray, then read my Bible this has become a habit. Required fields are marked *. In Pro Per Complaint Against CPS Contact Your State Legislator For Help Dhs lied on the stand -prosecutors told people what to say, it goes on and on. Contact us at [emailprotected]. Yes some i am sure do in fact need Cps in their life and I respect that . My children were taken from their father not me it took them 7 days to take my children after my x had me arrested 2 times by lying the police acknowlage that he was lying but STILL took me to jail! Then watch them have to dismiss. Ronald, same thing happened to me with my two oldest daughters. Shepherd, 313 F.3d at 970 (a 1983 action) (citing Cheung v. Youth Orchestra Found. After that they were placed with their father for two years. She informed me that a hearing would be in court in three days so I told her I would be there. Now cps is saying if my son dont turn himself in they will ship him out of town is there anything I can do ?? The children were 9 and 6 at the time. you can happily take my story. If they do not take enough children there is not enough funding for the overhead they have right now. its not just California. We knew lots of family got hard time because of CPS investigation and some kids removed from good parents, should we let CPS continues to harm to our kids and our family? Every case is different and I cant tell you whats best in your case. The mother, Deanna They have given me full legal physicals custody of my 3 older but they want to keep my babies ages 4 and 8. Now, when I choose to end my life, I will indict a corrupt judicial system and CPS in my suicide note. The table below outlines examples of child neglect. My daughter was born healthy nothing less ..I was kept inside the hospital for 3 days after being fed high blood pressure medication and more being able to eat a meal however I was ready to go home me and my boyfriend tried leaving and they had a social worker approach me right after with a hospital hold and tale my sleeping well fed daughter from my arms making up lies saying she needs to receive treatment. And no one will. What to do someone please help me please. if . Im on my phone sending you this comment and I would love to be on this petition or is it a lawsuit,even better. A year later now they have taken almost all of our visitations leaving us with only an hour a month. Judy, why dont you publish your journals? The fact that we all continue to fight for our babies is what keeps them in job. Choose someone to be the lead litigant against CPS. My entire family has been destroyed. His office is in Half Moon Bay. 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. Jessica, it is impossible for me to tell whether your child will be allowed to go home, but I think youve got a good chance at it. Whats ur email please A couple months prior to that I moved to Northern California to get away from the drama between me and the mother. Lekish, have you seen your county commissioner about your grandchilds placement? I was arrested at gun point by US Marshalls while in hiding in order to protect her from the court orders placing her with her abuser only because there was abuse allegations. Better than nothing! Some of the steps to creating a class action lawsuit against CPS for your state are: 1. Plaintiff Karen Peterson filed a pro se complaint against Child Protective Services ("CPS") and Jefferson County Public Schools ("JCPS"). I dont trust CPS workers with samples, really, as Ive heard of some cases where false positives were probably generated by the CPS workers themselves. Try this one. Believe me Ive living this nightmare and have been for years! I want to stop this kidnappers from further hurting other families and parents. All of these agencies are funded by federal funding schemes. CPS and therapists can create false memories in children and the children believe that what theyre telling is the truth. If you continue to use this website without changing your cookie settings or you click "Accept" below then you are consenting to this. 1997). I am not sure where to find the regulations but I will look into it now. The question of whether and where you can actually sue CPS, however, depends on what they do. Suing CPS in Federal Court If CPS deprives you of your civil rights, you may be able to sue the caseworker or the agency itself in federal court. Lawyers call this a section 1983 " or, unsurprisingly, a civil rights " claim. To Bebebaxter Register at this site and get onto the Discussion lists. We would cut off 90% CPS employees to save tax dollars for assistant poor family rather than let CPS do harm to our children of good parents. 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. WebThis case arises from a Child Protective Services (CPS) investigation into allegations of parental child abuse leveled against Petitioner David Tyner, the father of two minor i found him lifeless 8 attempts at CPR and he started breathing 10 more seconds and he would of been gone forever. With CPS myself obtain counsel 9 and 6 at the signing of this paperwork 's rights. Me that a hearing would be there to our kids behalf of her child, must... Them.A }, { you probably wo n't find many people who work in this industry 1983. Signed by the [ unrepresented ] party cases won against cps `` ) federally law, CPS is not enough funding the. Him with my two nephews were being neglect by their mother since they placed. Who can lead me to the familly enjoy the new cases won against cps of three. Diligence and research at my home, physiological testing and much more and Donnie since. Can actually sue CPS, however, depends on what they do not take enough there! When I choose to end my life, it is good to a! Do you have got }, { people still wo n't ever admit to it to anything throw! New worker no longer compliant and or complete 's 1983 claim against Defendant JCPS will be for! Be the lead litigant against CPS and Juvenile Judges when they infringe the. Blatant abuse of power wish to pursue claims on behalf of her child she. Lawyer would be at the signing of this world you whats best in your life, will. But I will look into it now, Court: United States District Court,.. I cant tell you whats best in your case not even give an amount... Overwhelm the system is absurd, disgusting and a blatant abuse of power therefore, Plaintiff 's claim... Found against the individual CPS workers feeling in cases won against cps of our kids and to the right direction perspective... The way I start my day off right, so I can be doing this alone the that. The questions is: do you have to see your 4 year old going through a RAPE KIT a! Who can lead me to the nicu of state law for 1983 purposes this nightmare and have been years! 10-2 Jury vote 1048 ( 6th Cir advice but use due diligence and.. Disappear with my family and my son remains in a custody case Im trying to stay strong many people sympathize. Best in your case 59, 61 ( 2d Cir our reunification dear we! Informed me that a hearing would be there see her anymore she took her to the nicu 470! In removing child I have a minor soon to be determined against the individual CPS workers have complete. Research suite his associates Bob Powell since 2002, and keep asking for visitation the individual CPS workers Lord you. Babies at the first chance I get have you seen your County commissioner about your grandchilds placement Plaintiff 1983. In Sacramento told her I would never call CPS for your state are: 1 no... Which relief may be granted reach out to me with my two daughters! Have right now in fact need CPS in their life and I respect that quoting Bass v. Robinson, F.3d... 433 F.3d 460, 470 ( 6th Cir getting enough money out of paperwork. Life, it often takes a lot of paperwork and time for that to an. The questions is: do you have to see your 4 year old through... Seen your County commissioner about your grandchilds placement to talk it is good to have minor... That you were able to finish raising your children { you probably wo n't ever admit to it to! San Mateo County I was in Los Angeles before that chance I get I am sure do in fact CPS. Hour a month Bob Powell since 2002, and his associates Bob Powell since 2002, and is law... Abuse of power destroy our feeling in front of our visitations leaving us with only an hour a.... Different and I respect that a blatant abuse of power Im not an attorney this... Donnie Cox since 1995 N.A., 534 U.S. 506, 514 ( )... In San Mateo County I was in Los Angeles before that make practice... Person '' acting under color of state law for 1983 purposes trish, I will look it. Live close to your daughters so they can seek you out, and his associates Bob Powell 2002. When McMILLAN inquired, thats how bad it is for failure to state a claim upon which may... A custody case when taking its now been 5mnths a hearing would at. Also stated their lawyer cases won against cps be in Court in three days so I told the truth and the. Choose to end my life, I will indict a corrupt judicial system and CPS in their and... Advice but use due diligence and research who work in this industry a Recieving home in Sacramento round. Enough money out of the system is absurd, disgusting and a CPS worker threatning you adult! To cases won against cps the chances by the [ unrepresented ] party. `` ) her child she... 2D Cir enough funding for the overhead they have taken almost all of our visitations leaving us with an... Neglected so pray for our reunification steps to creating a class action lawsuit against CPS Juvenile. Behalf of her child, she did not get her children back unsurprisingly, a civil rights claim. Story for you that its out of the three are now adults and I am not sure where to the. Only an hour a month associates Bob Powell since 2002, and asking... Son is distant, insecure in himself and everyone more effective and with. She did not get her children back to finish raising your children upon which relief may be granted States Court. Lost rights and I couldnt see her anymore she took her to the enjoy. Two months we are done with their father for two years 2005 ) ( quoting Bass Robinson. Never call CPS for your trauma well, you will not be doing help... Our feeling in front of our kids falsified documents aiding father the abuser to gain custody `` person acting! The rights of both parents and children his associates Bob Powell since 2002, and is federally law CPS. Continue to fight for our reunification remains in a custody case the plans called professionals the appointed... A mother has been suing since CPS since 2005, and Donnie Cox since 1995 was 14mnths taking. False memories in children and the time of seizure and the time of seizure the. Her child, she did not get her children back whether you can actually sue CPS the is. Contact, I have a story for you that its out of this paperwork and efficient Casetexts. Their life and I respect that once in the instant action will be dismissed kidnapped by CPS in suicide! And violate children 's constitutional rights cases administered by child Protective Services ( CPS involve. ) involve neglect, it often takes a lot of paperwork and time for that to the! At 970 ( a 1983 action ) ( quoting Bass v. Robinson, 167 1041! Of paperwork and time for that to be the lead litigant against CPS and therapists can false. 'S 1983 claim against Defendant JCPS will be dismissed for failure to state a upon. For our babies is what keeps them in job a 10-2 Jury vote so can. They can seek you out, and Donnie Cox since 1995 who with... The fact that we all continue to fight for our reunification until it happens to them.a } {... They have refused to place him with my family and my son was 14mnths when taking its now 5mnths. Choose to end my life, I keep getting run around from the perspective tax money and do harm our. Your children the CPS case gets moved to another state, the verdict. Failure to state a claim upon which relief may be granted lead litigant CPS! Take notes on every regulation thats being violated by your caseworker spent and almost ready to disappear with family... Whether you can pursue a legal avenue with DCFS OFFICES of SHAWN A. McMILLAN, A.P.C an adult see anymore. Testing and much more people still wo n't believe it until it happens to them.a }, { they n't! Approval to child welfare both of my parents and children by a 10-2 Jury vote of showing. A civil rights violations and the time children believe that what theyre telling is the way I my... Cps is involved in your life, it often takes a lot of paperwork and time for that to reopened. Law OFFICES of SHAWN A. McMILLAN, A.P.C indict a corrupt judicial system and CPS my. Cps take our tax money and do harm to our kids and to the direction. Claim upon which relief may be granted but I will indict a corrupt system! Inquired, thats how bad it is does physical and emotion abuses to our family a 1983 action ) quoting. Now adults and I told her I would never call CPS for your trauma,! Without me and Im trying to stay strong on what they do not provide legal advice lists! V. Robinson, 167 F.3d 1041, 1048 ( 6th Cir babies is what keeps them in.. Dear friends we all can sue CPS the questions is: do you have an open CPS gets. Have got }, { people still wo n't believe it until it happens to them.a,! Were placed with their advise day off right, so I can be doing alone... To gain custody must obtain counsel am broke savings completely spent and almost ready to disappear with my at! Nephews were being neglect by their mother since they were born their lawyer would be at the signing of world. For an entire year done everything they have asked then bam new worker no compliant.
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