File a Lawsuit?

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

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dejong33
Posts: 2
Joined: Wed Aug 01, 2012 9:51 pm

File a Lawsuit?

Postby dejong33 » Tue Oct 09, 2012 2:47 pm

I need help on how to file a lawsuit against the CPS. I got my son taken away back on March 15, 2012. They placed him in an Indian Home where I honestly believe with all my heart he was being abused. My CPS worker was on a vacation for one month or longer so I kept bringing in his supervisor to see how my 16month old child was acting. I had several pictures taken at each visit and documented the dates. He had fingerprint marks on his bottom, 2 black eyes, scratches and other bruises all over his body. The supervisor kept making excuses for every mark. When my CPS worker returned off of his vacation he immediately removed my son from that foster homes care and said that they were going to do an investigation for them. I got my son back on June 19th 2012 but my CPS worker is now threating me that she is going to detain my son again because I am not attending all the classes she wants me too. When i was assessed by my drug counselor she said i only had to attent one class a week and that was my court order to follow. I ha da drink of beer and so my CPS worker wants me to attend 3 classes a week now but being that my classes are in a different city and the only way of transportation i have right now is the bus is very hard on me especially having to drag my son along at 6 in the morning and be on a bus for 2 hours. I let my cps worker know that if they could transfer me bak to the classes here in the city i live that i would attend what she wants me to do. I am very stressed out right now and i cannot make the 3 times a week for these classes. I asked my public defender to file something to help me change my caseplan but she said she didnt want to waste her time so i told her she was fired. I dont really know anything on these laws or cps laws on how much they can have me doing at a time but i am currently doing anger management classes, parenting classes, 3AA groups, and working partime right now. Every day I am busy with some sort of classes or working and I would like a break but adding on my list is overwhelming me so much I am ready to blow up and i know thats what she wants to see. I think filing a lawsuit against them for the things that happened to my son (enough for them pulling the foster parents licence) that this could help me and my case. I just do not know where to start. I called the civil cases division and they said i would have to do my own research on how to file a lawsuit so cany anyone please help me?

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Eljay
Posts: 2645
Joined: Thu Jan 20, 2011 10:01 am

Re: File a Lawsuit?

Postby Eljay » Tue Oct 09, 2012 3:17 pm

In my crazy-lady-from-the-internet opinion, you need to work on getting CPS *OUT* of your life, not on getting even more enmeshed in the drama. I don't know if you fully realize, but from what you've posted, CPS still has legal custody of your child at this moment. They can take him and put him wherever they want and/or move to terminate your parental rights. If they are adding more and more requirements to your case plan, they are setting you up to fail. When you have your next court hearing, they will tell the judge that you missed classes and/or stopped attending, that you refuse to cooperate, that you've made no progress and that you just don't care about your baby. They *won't* tell the judge that they added 14 more requirement to the case plan in order to make you fail.

Right now, you want to get them out of your life. There are two ways to do it... do whatever they are asking and HOPE that they don't take your child back and/or move to terminate your rights *OR* go back to the judge and submit a Motion to Dismiss Order of Temporary Custody (or whatever the order was) because you've accomplished all of your goals, can be a fine parent now, and tell the judge how CPS is adding more to the service plan than was court ordered.

If you don't know the law, firing your atty without having a back-up or money for a private lawyer is not a great idea. You've got to take control and learn the law no matter what -- doing it without an atty to back you up is going to be really hard. You need to call that atty and ask that your case be assigned to different attorney. You can also consider filing a complaint and/or a document with the court claiming Ineffective Assistance of Legal Counsel (google it).
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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