i want to know if i can sue the counseling service
the contracted agency that is supposed to be counseling my family is not
my daughters counselor has refused to meet with me
my caseworker and my counselor from the same agency have called her a number of times she refuses to call anyone back is this legal if its not im going to sue my new counselor called her three times this week she has not returned any calls from anyone
the caseworker said she had to meet with me and my husband she has not
she keeps telling my daughter she needs to meet with me but yet she will not return my calls i dont understand how or why she can get away with this
can you sue the social workers
Moderators: family_man, LindaJM
can you sue the social workers
fighting for my family
-
dasuberding
- Posts: 378
- Joined: Sat Mar 12, 2005 3:26 pm
then thats what i am going to do
they take our children saying they no what is best for them and then they do nothing for them but rip their families apart and walk away thinking they helped
i going to sue the shit out of them for not helping
i will force them to do something either get my daughter a new couselor or pay for not giving me the services the court ordered
they take our children saying they no what is best for them and then they do nothing for them but rip their families apart and walk away thinking they helped
i going to sue the shit out of them for not helping
i will force them to do something either get my daughter a new couselor or pay for not giving me the services the court ordered
fighting for my family
There ought to be a government agency in your state that regulates licensed professionals.
In Virginia it is called Occupations and Professions.
Social workers usually fall under the Board of Health.
In one state, they are regulated under the Board of Nursing.
In Viriginia, licensed professionals are listed on the state website.
States sometimes have programs where they coordinate services to families, and use multi-disciplinary teams.
In Virginia, it is called the Comprehensive Services Act for At-Risk Youth.
On their website, there is a list of service providers.
Providers contact CSA and submit their own information to the list.
It says on the state website that the provider list has not been screened,
and it is up to local agencies to check for licensing requirements for contracted providers.
Certain types of providers are not required to be licensed.
Parenting class providers are probably not required to be licensed.
I think counselors have less requirements than a licensed clinical psychologist.
For providers that are not required to be licensed,
I am not aware of any requirement that they have to have a background check.
They could be child molesters, for all we know.
The state can "purchase" any kind of services it wants to, including "tangible" services such as utilities payments, pest control services, etc. for a family in need.
There is no requirement that a painting contractor or housekeeping-service provider can't be a registered sex offender, that I am aware of.
You could report some of these providers for Medicaid fraud, because they collect federal money.
But I think the state pays service providers directly and then gets reimbursed by the federal govt.
If you try to report Medicaid fraud to the federal government,
they may tell you to contact the state Medicaid unit.
So you would just be reporting state fraud to a state agency.
ASK ALL SERVICE PROVIDERS FOR THEIR PROFESSIONAL LICENSE.
CONTACT THE STATE LICENSING AGENCY FOR A RECORD OF ANY DISCIPLINARY ACTIONS AGAINST THIS PROVIDER.
Disciplinary actions are sometimes posted online.
IF A SERVICE PROVIDER DOES NOT HAVE A PROFESSIONAL LICENSE,
THEN ASK TO SEE THEIR BUSINESS LICENSE.
If they don't have a business license, call the locality and report it.
ALSO ASK TO SEE DOCUMENTATION TO PROVE THAT THEY ARE NOT ON THE CHILD ABUSE REGISTRY.
Under Daycare licensing regulations, the employer is the one who submits an application for clearance from the Child Abuse Registry,
and keeps it on file for the licensing inspector to see.
When I worked for the Daycare Substitute Agency, workers were technically required to be employed by the Center,
but regulators allowed the Temp Agency to keep the original Child Abuse Checks in their files,
and the substitutes carried photocopied documentation to each center to place in the Center's
files for licensing inspection purposes.
The workers had to be employed by each and every individual Center
because that was the only way they could get liability insurance coverage.
One of the Centers I worked for sent me a paycheck, indicating I was an Independent Contractor, and didn't take out the 30 cents for Social Security withholding, or whatever it was.
The lady at the Agency said I was nit-picking. I only worked there 2 hours.
Well, no I wasn't, because you don't know which localities require a business license no matter how little money you make.
Several years ago, a relative cut somebody's grass for $20, which he reported on his IRS tax return.
He reported it because he worked for a church, and he was committed to being honest.
He also reported Cleaning the church after weddings, because this work was paid for separately from his wages,
and he may have received a 1099 or whatever at the end of the year.
The county came after him for not having a business license.
This county was adjacent to the city where I live. They have since changed the regulations and you don't have to have a business license unless you make maybe $3 or $5 thousand a year.
Independent contractors who go into Daycare Centers need a Child Abuse Registry Check only if they are going to be left alone with the children.
Independent contractors come into the centers and do tumbling, art, music, Spanish, etc.
I was told by someone from the state that an Independent Contractor has to get their own Child Abuse Registry Check,
and take it to each Center when they first go there, and let the Center inspect it or copy it for their required files. But the contractor keeps the original.
Under Virginia Employment laws, an Independent Contractor has to make an agreement
with each employer about Liability Insurance and Workman's Compensation.
Under regulations, somebody has to have it, but it can either be the employer or the Independent Contractor.
If a child gets hurt during Tumbling Class, then the Center's Insurance has to cover it, if that is in the agreement.
A lot of Centers have eliminated risky activities because the liability insurance is too high.
Some cities have eliminated festivals and parades for the same reason.
If the Independent Contractor gets hurt at the Center during the course of their work,
and is taken to the Emergency Room,
then somebody has to pay for it.
If the Contractor has agreed that He himself will pay into Workman's Comp,
then the Claim goes onto his Account.
In recent years, various places have been sued.
Some churches don't carry liability insurance.
Some that do, have Insurance companies which require the policy-holders
to have certain policies and procedures in place to prevent child abuse,
such as requiring at least 2 people in the church nursery at all times, Child Abuse Registry Checks,
and maybe requiring training and education of child care providers.
Also, some massage therapists and even Yoga practitioners are starting to purchase liability insurance, but are not required to. Massage therapists can be certified, but are not required to be in some states.
And some states have no certification program.
Florida requires all massage therapists to be certified.
A lot of people have been sued personally, and that is the reason for an increase in purchasing liability insurance.
These Large Group Awareness Trainings and Human Potential Movement events most likely do not have liability insurance.
A lot of large companies have sent their employees to these "trainings"
and have become mentally ill or psychotic as a result.
Individuals have gone after the Companies for sending them there, because there was no informed consent about what would happen.
They collected from the Company's liability insurance.
The companies probably assumed they would improve worker performance, and so did the workers.
They have used these "service providers" in the military also, resulting in psychiatric injury.
A variation on this is a company-sponsored Outdoor Wilderness Adventure event, usually for one day.
These can result in psychiatric injury.
Formerly these programs targeted youth, and were sometimes court-ordered, until liability insurance rates went through the roof.
They involve such things as rope courses, and one person falling into the arms of another person.
My daughter was hired to be a facilitator in one of these.
She went through the training, but didn't really work there for more than a couple sessions.
I read the training materials, and it was essentially mind games.
The "facilitator" was given a set speech and procedure for facilitating the group.
My daughter was only about 19, but they preferred that a facilitator have special education for this.
A college in NC, in the Smokey Mts. provides an Academic Major for Wilderness Counselling, or whatever you call it.
The facilitators are taught to be extremely careful about pressuring clients to do things they don't want to do,
because of liability issues.
They use the slogan, "Challenge by Choice."
The history of this type of program is very interesting.
It derives from what is called Outward Bound in the US.
The origins of this go back to some German guy trying to imitate the psychological abuse of English prep schools for males.
The method was adapted by the Nazis, and the rest is history.
If I am not mistaken, the guy who originated it moved to England during the war,
and the Allies used him to train their military.
Young airplane pilots and sailors were getting killed so quickly,
they needed a speed program to toughen them up.
A speed program was developed to break down a new recruit's defenses in a very short time.
After the war, the program evolved into a marketable recreational program.
A leader would organize a group by posting a notice on a college bulletin board,
for some particular wilderness adventure.
They would go onto Federal Park Lands, and climb mountains or canoe down waterfalls for the thrill of it.
When somebody needed a helicopter rescue, authorities would find out who the leader was,
and he would get strung up by the courts and the families of the young people.
So the practice evolved of not having a "leader," so when they were confronted by a park ranger,
and asked who the leader was, they all said, "I am," at once.
Only rich young people could afford the wilderness adventures, which by now were fun,
so somebody convinced the courts to pay for this, for juvenile offenders.
Many, many kids got into trouble deliberately, in those localities which financed it, so they could go rafting down the Colorado River, etc.
Back to the liability insurance issue:
In Virginia, Pesticide businesses are regulated by the Pesticide Control Board.
They are not licensed by the Board of Contractors, like electricians, etc.
An electrician's contractor's license goes toward paying into a state insurance pool.
If an electrician screws up, there is a limited amount of compensaton to a homeowner,
for something called, Errors & Omissions Insurance.
If the contractor gets sick and doesn't finish the job,
or the house burns down from faulty wiring,
then the consumer is covered.
Errors and Omissions is different from Liability.
Liability covers injury to a person, from being electrocuted, etc.
In Virginia, Pesticide businesses have to have Liability Insurance, but they do not have to have Errors and Omissions Insurance.
Other states are different, and some have more protection for consumers.
Virginia doesn't have regulations about the "termite inspections" done by Termite companies.
A business can be held liable for "application" of the pesticide, but not for "identification" of the pest or "treatment" for the pests.
Even though "The label is the law" and the pesticide labels say,
1. For use by licensed pesticide businesses
2. Use according to certification standards for pesticide applicators
3. Identify the pest
4. Apply the pesticide
5. Treat the pest
in Virginia liability insurance only covers #4- application of the pesticide,
and the Pesticide Board won't get involved unless there are dead fish or dogs around.
Pesticides can either be General Use, Restricted or Unclassified, according to the Code of Federal Regulations.
Unclassified means "Use according to the label."
Two different staff members at the state level swore to me that Termite Pesticides were "General Use,"
even though you can see the labels on the internet,
and they do not say, "General Use," as required by federal and state laws.
Their argument was, if it doesn't say "restricted," then it is General Use.
The average person cannot purchase these pesticides.
These people who handle registration of pesticides for the state did not even know the difference.
I think it was Tennessee or Kentucky, and also NC, where the Attorney General went after a Termite Company, and charged them with "failure to identify" and "failure to treat," based on label requirements.
Hope all this will help someone see Service Providers from a wider viewpoint.
In Virginia it is called Occupations and Professions.
Social workers usually fall under the Board of Health.
In one state, they are regulated under the Board of Nursing.
In Viriginia, licensed professionals are listed on the state website.
States sometimes have programs where they coordinate services to families, and use multi-disciplinary teams.
In Virginia, it is called the Comprehensive Services Act for At-Risk Youth.
On their website, there is a list of service providers.
Providers contact CSA and submit their own information to the list.
It says on the state website that the provider list has not been screened,
and it is up to local agencies to check for licensing requirements for contracted providers.
Certain types of providers are not required to be licensed.
Parenting class providers are probably not required to be licensed.
I think counselors have less requirements than a licensed clinical psychologist.
For providers that are not required to be licensed,
I am not aware of any requirement that they have to have a background check.
They could be child molesters, for all we know.
The state can "purchase" any kind of services it wants to, including "tangible" services such as utilities payments, pest control services, etc. for a family in need.
There is no requirement that a painting contractor or housekeeping-service provider can't be a registered sex offender, that I am aware of.
You could report some of these providers for Medicaid fraud, because they collect federal money.
But I think the state pays service providers directly and then gets reimbursed by the federal govt.
If you try to report Medicaid fraud to the federal government,
they may tell you to contact the state Medicaid unit.
So you would just be reporting state fraud to a state agency.
ASK ALL SERVICE PROVIDERS FOR THEIR PROFESSIONAL LICENSE.
CONTACT THE STATE LICENSING AGENCY FOR A RECORD OF ANY DISCIPLINARY ACTIONS AGAINST THIS PROVIDER.
Disciplinary actions are sometimes posted online.
IF A SERVICE PROVIDER DOES NOT HAVE A PROFESSIONAL LICENSE,
THEN ASK TO SEE THEIR BUSINESS LICENSE.
If they don't have a business license, call the locality and report it.
ALSO ASK TO SEE DOCUMENTATION TO PROVE THAT THEY ARE NOT ON THE CHILD ABUSE REGISTRY.
Under Daycare licensing regulations, the employer is the one who submits an application for clearance from the Child Abuse Registry,
and keeps it on file for the licensing inspector to see.
When I worked for the Daycare Substitute Agency, workers were technically required to be employed by the Center,
but regulators allowed the Temp Agency to keep the original Child Abuse Checks in their files,
and the substitutes carried photocopied documentation to each center to place in the Center's
files for licensing inspection purposes.
The workers had to be employed by each and every individual Center
because that was the only way they could get liability insurance coverage.
One of the Centers I worked for sent me a paycheck, indicating I was an Independent Contractor, and didn't take out the 30 cents for Social Security withholding, or whatever it was.
The lady at the Agency said I was nit-picking. I only worked there 2 hours.
Well, no I wasn't, because you don't know which localities require a business license no matter how little money you make.
Several years ago, a relative cut somebody's grass for $20, which he reported on his IRS tax return.
He reported it because he worked for a church, and he was committed to being honest.
He also reported Cleaning the church after weddings, because this work was paid for separately from his wages,
and he may have received a 1099 or whatever at the end of the year.
The county came after him for not having a business license.
This county was adjacent to the city where I live. They have since changed the regulations and you don't have to have a business license unless you make maybe $3 or $5 thousand a year.
Independent contractors who go into Daycare Centers need a Child Abuse Registry Check only if they are going to be left alone with the children.
Independent contractors come into the centers and do tumbling, art, music, Spanish, etc.
I was told by someone from the state that an Independent Contractor has to get their own Child Abuse Registry Check,
and take it to each Center when they first go there, and let the Center inspect it or copy it for their required files. But the contractor keeps the original.
Under Virginia Employment laws, an Independent Contractor has to make an agreement
with each employer about Liability Insurance and Workman's Compensation.
Under regulations, somebody has to have it, but it can either be the employer or the Independent Contractor.
If a child gets hurt during Tumbling Class, then the Center's Insurance has to cover it, if that is in the agreement.
A lot of Centers have eliminated risky activities because the liability insurance is too high.
Some cities have eliminated festivals and parades for the same reason.
If the Independent Contractor gets hurt at the Center during the course of their work,
and is taken to the Emergency Room,
then somebody has to pay for it.
If the Contractor has agreed that He himself will pay into Workman's Comp,
then the Claim goes onto his Account.
In recent years, various places have been sued.
Some churches don't carry liability insurance.
Some that do, have Insurance companies which require the policy-holders
to have certain policies and procedures in place to prevent child abuse,
such as requiring at least 2 people in the church nursery at all times, Child Abuse Registry Checks,
and maybe requiring training and education of child care providers.
Also, some massage therapists and even Yoga practitioners are starting to purchase liability insurance, but are not required to. Massage therapists can be certified, but are not required to be in some states.
And some states have no certification program.
Florida requires all massage therapists to be certified.
A lot of people have been sued personally, and that is the reason for an increase in purchasing liability insurance.
These Large Group Awareness Trainings and Human Potential Movement events most likely do not have liability insurance.
A lot of large companies have sent their employees to these "trainings"
and have become mentally ill or psychotic as a result.
Individuals have gone after the Companies for sending them there, because there was no informed consent about what would happen.
They collected from the Company's liability insurance.
The companies probably assumed they would improve worker performance, and so did the workers.
They have used these "service providers" in the military also, resulting in psychiatric injury.
A variation on this is a company-sponsored Outdoor Wilderness Adventure event, usually for one day.
These can result in psychiatric injury.
Formerly these programs targeted youth, and were sometimes court-ordered, until liability insurance rates went through the roof.
They involve such things as rope courses, and one person falling into the arms of another person.
My daughter was hired to be a facilitator in one of these.
She went through the training, but didn't really work there for more than a couple sessions.
I read the training materials, and it was essentially mind games.
The "facilitator" was given a set speech and procedure for facilitating the group.
My daughter was only about 19, but they preferred that a facilitator have special education for this.
A college in NC, in the Smokey Mts. provides an Academic Major for Wilderness Counselling, or whatever you call it.
The facilitators are taught to be extremely careful about pressuring clients to do things they don't want to do,
because of liability issues.
They use the slogan, "Challenge by Choice."
The history of this type of program is very interesting.
It derives from what is called Outward Bound in the US.
The origins of this go back to some German guy trying to imitate the psychological abuse of English prep schools for males.
The method was adapted by the Nazis, and the rest is history.
If I am not mistaken, the guy who originated it moved to England during the war,
and the Allies used him to train their military.
Young airplane pilots and sailors were getting killed so quickly,
they needed a speed program to toughen them up.
A speed program was developed to break down a new recruit's defenses in a very short time.
After the war, the program evolved into a marketable recreational program.
A leader would organize a group by posting a notice on a college bulletin board,
for some particular wilderness adventure.
They would go onto Federal Park Lands, and climb mountains or canoe down waterfalls for the thrill of it.
When somebody needed a helicopter rescue, authorities would find out who the leader was,
and he would get strung up by the courts and the families of the young people.
So the practice evolved of not having a "leader," so when they were confronted by a park ranger,
and asked who the leader was, they all said, "I am," at once.
Only rich young people could afford the wilderness adventures, which by now were fun,
so somebody convinced the courts to pay for this, for juvenile offenders.
Many, many kids got into trouble deliberately, in those localities which financed it, so they could go rafting down the Colorado River, etc.
Back to the liability insurance issue:
In Virginia, Pesticide businesses are regulated by the Pesticide Control Board.
They are not licensed by the Board of Contractors, like electricians, etc.
An electrician's contractor's license goes toward paying into a state insurance pool.
If an electrician screws up, there is a limited amount of compensaton to a homeowner,
for something called, Errors & Omissions Insurance.
If the contractor gets sick and doesn't finish the job,
or the house burns down from faulty wiring,
then the consumer is covered.
Errors and Omissions is different from Liability.
Liability covers injury to a person, from being electrocuted, etc.
In Virginia, Pesticide businesses have to have Liability Insurance, but they do not have to have Errors and Omissions Insurance.
Other states are different, and some have more protection for consumers.
Virginia doesn't have regulations about the "termite inspections" done by Termite companies.
A business can be held liable for "application" of the pesticide, but not for "identification" of the pest or "treatment" for the pests.
Even though "The label is the law" and the pesticide labels say,
1. For use by licensed pesticide businesses
2. Use according to certification standards for pesticide applicators
3. Identify the pest
4. Apply the pesticide
5. Treat the pest
in Virginia liability insurance only covers #4- application of the pesticide,
and the Pesticide Board won't get involved unless there are dead fish or dogs around.
Pesticides can either be General Use, Restricted or Unclassified, according to the Code of Federal Regulations.
Unclassified means "Use according to the label."
Two different staff members at the state level swore to me that Termite Pesticides were "General Use,"
even though you can see the labels on the internet,
and they do not say, "General Use," as required by federal and state laws.
Their argument was, if it doesn't say "restricted," then it is General Use.
The average person cannot purchase these pesticides.
These people who handle registration of pesticides for the state did not even know the difference.
I think it was Tennessee or Kentucky, and also NC, where the Attorney General went after a Termite Company, and charged them with "failure to identify" and "failure to treat," based on label requirements.
Hope all this will help someone see Service Providers from a wider viewpoint.
Can I really sue?
I was wondering...Can I really sue? If I can I was wondering how to go about it? I know there are lawyers who do it for a percentage of what you get and that's what I need. I am unemployed right now because of DYFS and the stress they have put on our family. Please let me know how to go about suing and how to get a good lawyer who does it for a percentage.I MISS MY KIDS> PLEASE HELP!
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