Where Do I Start in California?

Discuss all aspects of suing CPS and its affiliates for the injustice done to your family.

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b92069
Posts: 12
Joined: Wed Jun 20, 2012 1:52 pm

Where Do I Start in California?

Postby b92069 » Wed Aug 22, 2012 10:42 am

I just got my children back and feel they should feel something for the damage they did to my family. The emotional scars on my two little girls will last a lifetime and I can only pray with a lot of counseling they will be able to overcome all this and not let it affect who they become as they get older. There is no amount of money that can fix this but if that is the only way I can get any justice where do I start> I think from what I've read is file a complaint first asking for compensation and if I dont hear anything back, do I then file a Moion of Intent To Sue? And then what? Thank you for all your help. I would not have my two little girls back if it wasn't for this site.

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Eljay
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Re: Where Do I Start in California?

Postby Eljay » Wed Aug 22, 2012 11:33 am

b92069 wrote:I just got my children back and feel they should feel something for the damage they did to my family. The emotional scars on my two little girls will last a lifetime and I can only pray with a lot of counseling they will be able to overcome all this and not let it affect who they become as they get older. There is no amount of money that can fix this but if that is the only way I can get any justice where do I start> I think from what I've read is file a complaint first asking for compensation and if I dont hear anything back, do I then file a Moion of Intent To Sue? And then what? Thank you for all your help. I would not have my two little girls back if it wasn't for this site.



File a form for damages with your local county for financial compensation.
File a COL form with the FBI if your civil rights were violated. http://www.fbi.gov/about-us/investigate ... lor_of_law
Find your county CPS forms/links and file an official complaint against any/all who violated you.
Contact the state ombudsman and open a case with them. http://www.fosteryouthhelp.ca.gov/OMBprog.html
Send a certified letter to your county CPS director, district attorney & state DHS. http://www.chhs.ca.gov/initiatives/CACh ... fault.aspx
Complaint/notify your county board of advisors (they control your CPS office $$$) and put them on notice first (they are REALLY who you will be suing).

HOWEVER.......... be very, very careful about where you're going with this. You still have minor children in the home and CPS has been know to retaliate in a very ugly way. You don't have "clean hands" because of your prior drug use so be prepared for them to try to justify their actions, although in theory, they can't say a DAMN THING about you/your case due to privacy laws. Lastly, you have to realize that you VOLUNTARILY signed a safety plan and service plan.... in a sense, you failed to assert your rights. HOWEVER, your argument will be that they LIED to you by telling you that they would take the kids, when in reality they con ONLY take the kids under two - and ONLY two - conditions; when the children are at risk of imminent harm OR they have a court order. They didn't have authority to threaten otherwise since you weren't stoned out of your gourd and rolling around in the gutter. Have you seen the case law recently posted about the case in CA that went to appellate court and pushed this issue?
Advice & opinions provided are no substitute for genuine legal assistance. Laws & rules vary by state/jurisdiction so do your homework and get
an education in CPS laws, rules & practices so that you can FIGHT for your children's rights. I am not a lawyer. Your mileage may vary.

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b92069
Posts: 12
Joined: Wed Jun 20, 2012 1:52 pm

Re: Where Do I Start in California?

Postby b92069 » Fri Aug 24, 2012 11:08 am

Is there anyway to protect myself from retaliation before I move forward? I have the proof I need to prove that it was in no way voluntary and they did threaten me, but it is not worth it if they could make something up and come get my little girls. I also have proof that the one worker has lied and therefore is not credible. Even though I terminated my voluntary, they are calling me constantly and went to my daughters new school to talk to them. How do I stop this?

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Eljay
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Re: Where Do I Start in California?

Postby Eljay » Fri Aug 24, 2012 12:56 pm

b92069 wrote:Is there anyway to protect myself from retaliation before I move forward? I have the proof I need to prove that it was in no way voluntary and they did threaten me, but it is not worth it if they could make something up and come get my little girls. I also have proof that the one worker has lied and therefore is not credible. Even though I terminated my voluntary, they are calling me constantly and went to my daughters new school to talk to them. How do I stop this?


You have to realize that these people have unlimited resources and NO overseeing authority (none with any teeth). You can try, but you will give up other freedoms. You can:

Hire a real anti-CPS lawyer with a proven track record.
Move and don't give them a forwarding address.
Use a p.o. box for all communication.
Homeschool the kids.
Don't take any public assistance. If you can't homeschool, get your kids' school principal/teachers/staff on board with not cooperating with CPS.
Teach the kids that they are to say NOTHING other than, "I won't speak without my mother present."

My kids are 12 & 14, fully capable of standing their ground, yet raised to respect authority. I *still* wouldn't want them talking to CPS. They will twist words and take things out of context, if not completely fabricate a story to feed the courts. CPS workers will lie and manipulate to get what they want. You've already seen them do that with your case. How much worse do you think they'll get if you go after them?

Here.... state what you REALLY want to happen, specifically, to make this okay with you, and we'll talk about how to go about it with minimal damage.
Advice & opinions provided are no substitute for genuine legal assistance. Laws & rules vary by state/jurisdiction so do your homework and get
an education in CPS laws, rules & practices so that you can FIGHT for your children's rights. I am not a lawyer. Your mileage may vary.

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b92069
Posts: 12
Joined: Wed Jun 20, 2012 1:52 pm

Re: Where Do I Start in California?

Postby b92069 » Mon Aug 27, 2012 8:38 am

I want my life the way it was before they started all of this. I understand I am at fault because of them having found the paraphernalia in my home. Once they had taken it out of the home and arrested my ex-fiancee the children were not in any danger. I understand I signed the voluntary but only because I thought I had to, that is what the CPS worker told me. She also told me if I got an attorney she would take my kids. This was all done because she wanted for whatever reason and the misuse of her authority is sickening. It is going to take years of counseling for my two little girls to be able to get over all of this. Even though I terminated my voluntary they went by my daughters school and pulled my daughters out of class and the CPS worker talked to them alone. I have told my daughters not to talk to them but they are young and feel like they will get in trouble if they don't. The CPS worker also told the school counselor I have an open CPS case, in which, the only case I had was voluntary and I terminated. I want it all to stop and I want them to know they can not tear a family a part with no real grounds. How do I go about getting that accomplished?

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Eljay
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Re: Where Do I Start in California?

Postby Eljay » Mon Aug 27, 2012 10:43 am

This is not what you're going to want to hear. Stop now if you're looking for a sugar coating...

b92069 wrote:I want my life the way it was before they started all of this.


It can't happen. You can't un-ring the bell. One of my favorite quotes: "Forgiveness is giving up the hope of a different or better yesterday." ~~ Russell Friedman

I understand I am at fault because of them having found the paraphernalia in my home. Once they had taken it out of the home and arrested my ex-fiancee the children were not in any danger.


They (and I) would argue that you had questionable judgment by allowing a drug user and/or paraphernalia in your home, around your children. If you claim that you didn't know about it, they would claim you were negligent in not vetting him, or in not ensuring the home was safe. (no, I don't think a meth pipe will harm a child, but if you have a meth pipe in plain view, what the heck else is hidden???)

I understand I signed the voluntary but only because I thought I had to, that is what the CPS worker told me. She also told me if I got an attorney she would take my kids.


Here's the problem.... did she say, "I WILL TAKE THE KIDS" or did she say that "I will take this to court/file a petition to take the kids?" I guarantee you that if you try to take this to court, she will claim that she only threatened you with COURT to take your kids. Unless you *RECORDED* the conversation and have PROOF that she threatened to take the kids, she is going to claim that she only threatened to petition the court. You're going to lose that battle.

Here's part of a federal court ruling where someone in San Joaquin tried to sue for their "threats" which coerced them into signing a VSP. That part of the claim was dismissed because the threat was only to take them to court.
http://ca.findacase.com/research/wfrmDo ... ECA.htm/qx

The "ruling" is the judge's opinion/application of law:
"Verbal threats generally are not actionable in a federal civil rights proceeding. Fisher ex rel. Fisher v. Placer County, 2006 WL 2850375, at *6 (E. D. Cal. Oct. 5. 2006). Courts have held that "a threat constitutes an actionable constitutional violation in certain circumstances, including when the threat is so brutal or wantonly cruel as to shock the conscience, or if the threat exerts coercive pressure on the plaintiff and the plaintiff suffers the deprivation of a constitutional right."

Id. citing King v. Olmsted County, 117 F. 3d 1065, 1067 (8th Cir. 1997). Here, the allegations of the FAC do not show threats or coercion of such a "wanton or brutal" nature, only a threat to go to court."


This was all done because she wanted for whatever reason and the misuse of her authority is sickening. It is going to take years of counseling for my two little girls to be able to get over all of this. Even though I terminated my voluntary they went by my daughters school and pulled my daughters out of class and the CPS worker talked to them alone.


They have the right/obligation to do this. Keep in mind that when it comes to genuinely abused children, they MUST question them away from the person who is abusing them. If dad is raping his 10 yr old daughter and threatening to kill her and mom if she tells, then they absolutely have to get her away from dad and get her feeling safe and comfortable enough to tell them what is going on. It's just the way it is. They didn't break any laws.


I have told my daughters not to talk to them but they are young and feel like they will get in trouble if they don't.


Kids are easily brainwashed. Practice role play with them. Pedophiles lie to kids all the time too and you need to teach them that when an old man is saying, "help me look for my puppy" that your child needs to run like hell and get help. Same thing with CPS workers. Practice, practice, brainwash. :)

The CPS worker also told the school counselor I have an open CPS case, in which, the only case I had was voluntary and I terminated.


No rules/laws broken here. A "voluntary service plan" has very little to do with being "voluntary" ... it just means that you volunteered to avoid court by agreeing to their service plan. If you signed a VSP and then did not comply with it, they still have every right to take you to court to enforce compliance. Voluntary doesn't mean you get to decided whether or not you do it.

I want it all to stop and I want them to know they can not tear a family a part with no real grounds. How do I go about getting that accomplished?


They *DO* tear apart families all day, all night, very often with no real grounds, based on suspicions and false allegations, exploiting parents' ignorance, all in the name of saving the child... tearing apart families in the name of saving families... traumatizing children by ripping them from the homes all in the name of avoiding child trauma. The system is broken. It's broken all over the country. There are people speaking up all the time, fighting in court, writing books, making movies, keeping blogs, protesting, writing letters, testifying at council meetings and congressional hearings. Right now, IMHO, I don't think you should take on the battle of fixing the entire system. I think you should focus on learning your rights and planning out exactly how you're going to protect them if/when they come around again. You've got two young children in the home. Protect them from CPS until they are grown, or at least old enough to stand up for themselves and realize that CPS is forever waiting to take them away from their mother. Look for advocacy groups like:
http://lawlessamerica.com/
http://overruledmovie.com/
http://familyrights.us/activism/

Spread the word to your friends. You don't have to spill your guts about what happened to you guys, but put the word out that CPS is corrupt and the LAST thing they should do is call CPS unless a child is undeniably being severely abused or neglected. Work on keeping your home secure... your kids need you right now and you don't need to fight anybody else's battles. That's my two cents... if worth even that much.
Advice & opinions provided are no substitute for genuine legal assistance. Laws & rules vary by state/jurisdiction so do your homework and get
an education in CPS laws, rules & practices so that you can FIGHT for your children's rights. I am not a lawyer. Your mileage may vary.

----<>----<>----<>---- BREED WITH CAUTION ----<>----<>----<>----

b92069
Posts: 12
Joined: Wed Jun 20, 2012 1:52 pm

Re: Where Do I Start in California?

Postby b92069 » Mon Aug 27, 2012 12:52 pm

I say yes what you had to say was a little harsh, but I am not letting this go that easy. I will protect my little girls first and when I know I have all my bases covered I'm going to start with a comp laint and go from there. No she did not say "take me to court" her exact words were "I will take your kids


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