Can I sue my worker for hearsay

Network here, set up "ask the social worker" threads, post information and news of interest to social workers.

Moderators: family_man, LindaJM

Tony
Posts: 14
Joined: Thu Jan 20, 2011 8:29 pm
Location: nyc

Can I sue my worker for hearsay

Postby Tony » Mon Mar 07, 2011 9:37 am

The mother of my fiancé she is the foster parent (kinship) of our baby born 2 moth old, we do not get along, too well, when we had the first
conference with (CPS) she said some things that she not supposed to said in there, she just want to hurt me and my fiancé case; since she do
not approve our relationship.

I live in a house that belongs to a church, since I work for the church (maintenance work) I have the living space.
My fiancé was living there with me, without the church knowing about it, this was one point that the CPS said in the conference, that it was a
safety concern and the baby and her can’t be there.

In the same place (house) there are living my first 8 year old daughter, with her mother, they been living there for about 7 months, she is married
to someone else, but they are having some problems in their relationship so she ask me if I can let her and my 8 year old daughter stay in there for a
while, I said yes since I do not want them to be in a shelter, there are living there for a while (we been separate for about 5 years).

The foster mother said in the CPS conference that someone else was living in there (my residence) my 8 year old daughter and her mother, the foster
mother do not supposed to said that in there, now CPS came to the house to question my ex and my 8 year old daughter, and now more problems besides
what we had before, now CPS is checking everything from my previous relation, and they (they found a report from the police from 2003 that we had a
discussion, when we was living together) trying to said that I was violent.


Anyway my ex (the mother of my 8 year old daughter said to me, to tell my fiancé’s mother that if because of her saying in the conference, that my
first daughter and her mother was living in there, , if for some reason CPS takes her daughter away, who ever said anything will pay the consequences,
so I was in my fiancé’s mother house and I told her that, now her mother told the foster agency worker that I threating her on her house, so now the foster
agency worker one of many referral’s is Anger management, when we had the second court date 02/10/11, the case worker brought her mother (foster mother)
to try if she can testify against me so this way had other referral’s against me.

Now my questions are:
Does the caseworker have the right to do that, since:

(1) I just deliver a message from someone that was very upset for what the foster mother said in the conference and did not had any business involving someone else with CPS.

(2) That had nothing to do with me going to see my baby (new born) since at the time that I said that (message)to her, I do not went to see my
2 moth baby because, my baby was not place in her care yet, It is like me going to the neighbor and curse him up and then the case worker trying
to say something to me, or may me do referral’s, for something that is not relate to the case.

(3) Can I report or put a complaint against the worker, or sue him in court.

we had many problems with that worker, since the beginning of my fiancé case, he never want to do anything, we called him like 3 weeks ago
telling him that we prefer visits on week days, instead of Saturdays, he never called back, we confront him at the court but he said he was busy etc
but he always have time to talk to the foster mother, we told him the day of court (02/10/11) that we want Tuesdays and Fridays visits. They make us
to have separate visits (family violence) that they pull so we can make family violence curses. But that was a big lie.

Now after the court date my lawyer told the judge so we can have more days Tuesdays and Fridays and together as a family, and since the CPS and foster
agency do not had any proof of family violence the judge agree, to have the visits together, so now last Saturday 02/12/11, we went to visit our baby at
the agency and I came first, then my fiancé came and the workers do not let her in saying that she had to wait up until I finish my visit, so she was very upset
she called me and was going to leave, I told her to call the case worker to see if she can get in contact with him, nothing finally the other case worker on the
agency was able to get in contact with our case worker, and he told the agency that the visits were together again.,

That’s the problem we have with that worker, never do anything to help us, but he gets in contact with the foster mother, we do not know what it is going on
with the baby up until we go to the visits.

User avatar
LindaJM
Posts: 3171
Joined: Mon Aug 02, 2004 7:16 pm
Location: Northern California
Contact:

Re: Can I sue my worker for hearsay

Postby LindaJM » Wed Apr 13, 2011 9:36 am

You have a very confusing case - it is hard to understand everything that is going on! I don't understand, for example, if they won't let your fiance and baby stay with you, then why would they let your ex and older child?

I'm a month behind in answering people right now, and can understand why nobody else did, because your message is long and hard to follow. I'm so sorry to have to say that. It doesn't look good for you and your fiance. It appears the caseworker and her mom are finding new things to hold against you, and that will probably continue because speaking as a mom, I wouldn't like it if my daughter's fiance (1) had a baby with her without actually marrying her, and (2) let his ex move in with him! So I can understand why the fiance's mom (and now Kinship Care giver) is working against you two. She wants to save her grandchild from what she believes is a very bad situation!

I'm not saying you're bad, but just trying to explain why these people are not going to give up their campaign to work against you.

If you want your child back you'll have to be totally above board, create a new and better situation with your fiance so you both can give your daughter a stable and happy homelife, and do everything listed on your court ordered reunification plan. If you can do this within 18 months, you might have a chance. I don't know how much of that time has already passed.

As far as suing the caseworker, that's probably not going to happen. I don't know what the NY law is on suing for slander or pressing perjury charges on a lying caseworker. Here in CA where I live, it is possible to sue when a caseworker abuses power. Not all states have a similar law on the books.

I hope this helps...
Sample Document Library

Please keep in mind that none of us are lawyers and we can't give legal advice. We are simply telling you what we would do in a similar situation. It is to your advantage to get a lawyer.

"Evil flourishes when good men do nothing." - Edmund Burke ... so try to do something to change the system ...

mamalion
Posts: 147
Joined: Tue Mar 15, 2011 8:43 am

Re: Can I sue my worker for hearsay

Postby mamalion » Wed Apr 13, 2011 2:34 pm

Linda do you have a link to suing a worker who abuses power?

User avatar
LindaJM
Posts: 3171
Joined: Mon Aug 02, 2004 7:16 pm
Location: Northern California
Contact:

Re: Can I sue my worker for hearsay

Postby LindaJM » Wed Apr 27, 2011 10:56 am

The only link I can think of right now is this one: How to Sue CPS in Federal Court.
Sample Document Library

Please keep in mind that none of us are lawyers and we can't give legal advice. We are simply telling you what we would do in a similar situation. It is to your advantage to get a lawyer.

"Evil flourishes when good men do nothing." - Edmund Burke ... so try to do something to change the system ...

User avatar
Greegor
Posts: 746
Joined: Sat Apr 15, 2006 10:20 am
Location: Cedar Rapids Iowa

Re: Can I sue my worker for hearsay

Postby Greegor » Sun May 22, 2011 1:33 am

Iowa "Juvenile Courts" actually have a "hearsay exception"
to the rules of evidence used in other types of court in Iowa.

jgp7575
Posts: 41
Joined: Sat Jun 18, 2011 3:55 am

Re: Can I sue my worker for hearsay

Postby jgp7575 » Thu Jul 28, 2011 4:15 am

Greegor wrote:Iowa "Juvenile Courts" actually have a "hearsay exception"
to the rules of evidence used in other types of court in Iowa.


So does Michigan. I wanted to use that in court for my lovely mother-in-law was stating something that she heard from someone else, but couldn't. What a bunch of bull.


Return to “Caseworkers & Social Workers”

Who is online

Users browsing this forum: No registered users and 1 guest