Caseworkers failed to inform the court that the children were emotionally distressed by being separated from their parents, and refused to place them with relatives, whose Kinship Care rights should have been honored. !This is not right!! Hi Caitlin even if we tried to do the lawsuit we still dont get our children back, we need to change the way the state actually handles DCFS cases and to change the laws to were hearsay is no longer permitted and proof needs to be presented and also were and with who they place our children many of these foster parents and Non family members have some kind of background from drug charges to DCFS cases themselves and domestic violence to felonies. Accordingly, Plaintiff's claim against CPS will be dismissed for failure to state a claim upon which relief may be granted. My story is like no other and i dont know who to turn for help. Unfortunately, unless your civil rights are violated, you likely won't have any legal claim against Child Protective Services. Lodi paid over 100K, County sounds like 300K. Anyway both counties refused to have my child tested for brittle bone disease. I have been fighting CPS since 2013. You want to get the most out of these motion arguments, so make sure you do step 1 and 2 as well. Comment * document.getElementById("comment").setAttribute( "id", "ab131887b1af16ec50c00ad1230fc30a" );document.getElementById("gccc9d9fd6").setAttribute( "id", "comment" ); Notify me of follow-up comments by email. Will my child be able to come home at the dispositional hearing? Thank you Linda Jo. I need help. The parents have a murder charge pending on them for one of their children. Again, May be better to talk and I am definitely open to hearing your story and sharing mine in an effort to help you figure out your next move! The Centre for Womens Justice (CWJ) and End Violence Against Women (EVAW) have said that the CPS evaluates each reported rape, and only takes cases to court that it thinks will win. While the Court is aware of its duty to construe pro se complaints liberally, Plaintiff is not absolved of her duty to comply with the Federal Rules of Civil Procedure by providing Defendants with "fair notice of the basis for [her] claims." Im glad youre able to Facetime and look at him. My son isnt doing so well without me and Im trying to stay strong. now they all hate me for what i put then through.i think cps put us through hell,i have so much hurt inside me its been building up four 19 yres, please help me get over that trama that happend so long agaio , Judy from california cattypuss turner[at]yahoo,com. I want to hire a better lawyer than my court appointed. You might be getting the run-around from the caseworker. I started internet CPS advocacy in October 2000 and before that helped families through the FidoNet computer bulletin. We became foster parents in two days . McMillan goes on to say that If I can make a business out of it, its a bad thing. 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. A courthouse in Alabama 4. 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. 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. And no one will. Puerto Rico Aqueduct Sewer Auth. Even though its not Court ordered but they felt because my mom had let them visit she was not in the best interest anymore. Christy v. Randlett, 932 F.2d 502, 504 (6th Cir. Great advise I will check into an administrative hearing on Monday. Plaintiff Karen Peterson filed a pro se complaint against Child Protective Services ("CPS") and Jefferson County Public Schools ("JCPS"). Amen! My children ages 2 and 11 months were taken from my home on March 19th of this year and we just fine received a call from the social worker about a visitation and also telling us that our child ended up getting whooping cough while in the foster care my 11 month old son has whooping cough now. 1999). 3. I think this was conducted in retaliation, but its upsetting and Ive never been in trouble, nothing in my history, the county doesnt respond to calls, emails, I work as a Sr. HR manager and it felt like if I were to fire someone based on a allegation prior to doing an investigation and gathering facts and evidence to support my decision. SIGN NOTHIMG, SIGN NOTHING, DO NOTHING WITHOUT A COURT ORDER, http://www.facebook.com/bringthestanleykidshome/www.facebook.com/standingwiththestanleys. Nobody wants to see the video. You can change personal information like names. 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. I finished my case plan orders a year ago and in a month I will be having to sign away my rights. I want to stop this kidnappers from further hurting other families and parents. Now, when I choose to end my life, I will indict a corrupt judicial system and CPS in my suicide note. Lenas case almost got thrown out because they were up against the 5-year statute. Asking for an accurate medical diagnosis should be standard policy for CPS. The fact that we all continue to fight for our babies is what keeps them in job. But i dont know if i have grounds to stand on. This case was brought by Plaintiff against Defendants to recover damages arising from Defendants alleged violations of Ms. Fogartys constitutional rights to raise and associate with her children, free from governmental interference. 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 . After that they were placed with their father for two years. I have assured them I will not have any contact with her. I have appeal ofcourse and my lifetime movie continues. Need help cps wrongly took my grandson no danger no warrant i was told i wasnt allowed to babysit cps lied and continues to lie i have proof. Someone who can lead me to the right direction. now my daughter is 9 and son is 8. my son is not growing and is a foot shorter than his sister. Then, I sued them and won! She enables parents and attorneys to assert rights and convert the constitutional principles into everyday practice and natural language. Moreover, to the extent Plaintiff seeks to hold JCPS liable based on any supervisory authority, the doctrine of respondeat superior, or the right to control employees, "is not a proper basis for liability under 1983." My son was being targeted in school, harassed by yard duty and pushed out of school. my mom sees her and knows what is going on. What are names of the groups in California that is pursuing CPS. Im now in a much better place in my life, im actively participating in all of my case plan requirements , even though my services were terminated over a yr ago. I would love to collaborate and take in anyones stories and also share mine. I feel angry, sad, bitter, disgusted, wronged and a whole cluster of emotions. . However, Strader did not sign the complaint. 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. That's why }, { hello my children were taken by dhr and two placed in Jefferson county and one is still in Blount county but when cps came to }, California: 1.4 Million Settlement for Mom Accused of Munchausen Syndrome by Proxy, Washington: Three foster children sued CPS and won 7.3 million dollars, Connecticut: Flex Funds Can Keep Children At Home, Michigan: Dearborn Mother Sues Over 9-Year-Olds Death in Foster Care, California: Foster Parent Pleads Guilty To Child Molestation, http://www.ExposeCorruptCourts.blogspot.com, http://www.LawEnforcmentCorruption.blogspot.com, http://www.topix.net/content/prweb/2009/03/los-angeles-county-settles-civil-rights-case-arising-from-alleged, Terms of Use, Compensation Disclosure, Privacy Policy, Request to Have Something Removed From the Site. Ive seen the babies once in the past 14 months. 1999)). How did he mess up your case? 3:07CV-39-R, 2007 WL 1959170, at *2 (W.D. He has been an exemplary person ever since. PLEASE HELP ME BY EMAILING ME AT HELPISUPTOYOU-at-HOTMAIL.COM, I too am going through a similar nightmare with the Los Angeles DCFS office in Santa Clarita. Thank you. We have been there. who is now divorced. I lost my granddaughter because of their lies etc and am interested in any information. Whats his name and what firm does he work for? I cant post too much here. Except in exigent circumstances, a court order is required before CPS can legally remove a child from your home without your consent. Email for more info. If they do not take enough children there is not enough funding for the overhead they have right now. Plaintiff further alleges that her daughter's "father called from Minnesota saying that they were going to put her into custody if he didn't come to take her home with him." My kids were taken away from their mother in So.Cal. If not go to trial and present everything professionally cross examine the caseworkers who lied and perjured themselves. v. Metcalf Eddy, Inc., 506 U.S. 139, 146 (1993); Pennhurst State Sch. 7, 2010). Thanks. The mother, Deanna Fogarty-Hardwick, who lives in Seal Beach, claimed that CPS workers took her two young daughters in February 2000, and intentionally misinformed the court. Dear friends we all can sue CPS the questions is: Do you have your paper work ready? Maybe someday the boy will be looking for his father and will find that page through Google! Plaintiff alleges that the worker "claimed that a hotline call was reported that I was mentally ill and that she was too and I was accused of medical abuse because she wasn't taking her medications for mental illness." San Diego, CA (PRWeb) March 25, 2007 The County of Los Angeles settled a civil rights action brought by the grandparents of two minors for the warrantless removal of the children from their home in violation of the familys constitutional rights to familial association free from unwarranted government interference. I was in a similar situition back in 2005. In Orange County a mother has been awarded 4.9 million dollars in a case against CPS caseworkers and the Department of Social Services. See 28 U.S.C. Have you asked for an attorneys advice? If you dont know your rights they are no good to you. case plan or horse and pony show. i wroute it all down so i would not forget what was said and who or why they did that Please communicate back and give us feedback as to what you have unearthed. He is two. Ky. Apr. I have been through this nightmare. Please help me! Please reach out to me at dbunel-at-nexsentio.com or call me at (40eight) 210-1zero12 to talk! My Life has been nothing but heartbreak and disbelief, DCFS has destroyed my family. CPS workers. My child is deaf and autistic. My wife wants her children. There is a specific funding scheme for every finding that is made. They also lied and said my son tested positive when he was born with no medical records to prove that because it is a bold face lie my son was born healthy just as my daughter they took both of them gave my mom care ..and now because she allowed there grandfather and my first sons biological father to visit spring break with Jim and my daughter to go visit her grandparents my father and his wife which my mo..notified the social worker she said it was OK. shall be signed by the [unrepresented] party."). This site was built by the trauma I experienced because of CPS. I refused to do this test .. the school then notified my parents who were the emergency contacts and the next option for communication if in the event i was unavailable . Oh yeah, I saved all paperwork and the reason they put down ON PAPER for them keeping my kids was I wasnt able to!!! i found him lifeless 8 attempts at CPR and he started breathing 10 more seconds and he would of been gone forever. DCFS slipped up=====big time. 2001). Did you actually see and fill out a form for this? Rita, my heart goes out to your friend who is missing his son. 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 Make your practice more effective and efficient with Casetexts legal research suite. Ive provided tons of proof showing lies upon lies from. They are going to take something from you. Instead, your wife should see an attorney and start a family law custody case, if she wants the children. now i need help because i belive that if they had tested him for the disease they would have found they removed my son wrongfully. In Cheung, 906 F.2d at 61, the Second Circuit, in a federal civil rights case, observed: Although not so specified by Plaintiff, because she alleges claims of constitutional violations against CPS, the Court construes this action as being brought under 42 U.S.C. 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? I know both are quite elderly now. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. Email me at [emailprotected] or stay posted for more details. Loved them, take care of them and enjoy life with them to the fullest.. Their is a God Up their. The Eleventh Amendment to the United States Constitution states, "The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.". I brought in Mr. Millan to help with the trial. but its been 17 yrs and the long turm effects from that trama are showing in my kids and in me like my son says im not his real mom . I am looking for a way to contact Doctors Richard and Lillian Dunsmore. Completed my programs and got custody back, continued testing and applying the drug patch. I see my daughter a lot and i have my own 2 yr old son now. Things that CPS cannot do include. 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? In other words, "liability under 1983 must be based on active unconstitutional behavior." 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 . Shepherd, 313 F.3d at 970 (a 1983 action) (citing Cheung v. Youth Orchestra Found. My complaint is the California Child Protection Services and the mother of my son (from another relationship) made false allegations against me in favor of the mother. not articles but to the actual lawsuit please email me if you do [emailprotected], After 8 months of having our child taken away we won our baby back by winning our case. Strader is apparently Peterson's daughter. Know how to credibly defend yourself and protect your child. 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. Message me if youre interested [emailprotected]. I am thinking to start a petition in congress to get some laws changed and figure out how to hold cps accountable for the children they have damaged over and over again. I have a story for you that its out of this world. For additional information, contact: Idiot!!!! They repeatedly perjure themselves before the court and openly brag about their ability to frame their reports to manipulate the courts into doing whatever they wish. In September after all these years of fighting I Iost my parental rights it didnt matter that i complied with everything including never missing visits and that I had proof of everything I no longer believe in the system. Upon review, this Court must dismiss a case at any time if it determines that an action is frivolous or malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief from a defendant who is immune from such relief. Lead trial attorney Shawn A. McMillan states My client Deanna Fogarty-Hardwick, is satisfied by the Jurys recognition of the harm that the defendants caused her. These witch hunters need to be stopped! Id. Should Peterson wish to pursue claims on behalf of her child, she must obtain counsel. McMillan says that CPS violate parents and childrens Constitutional rights by misrepresenting facts to the court, either when they remove the children from the home, or afterwards.. does the caseworker get a big check for every child that they adopt out? He tested positive for meth and thc. Who was the lawyer That sat by and did nothing? 4. We work in all states and have seen all kinds of statutes, rules, and judicial tricks. Hello Cathleen, My advice is to live close to your daughters so they can seek you out, and keep asking for visitation. we paid $40k on the case- it destroyed the family, and the holidays that where taken from us will never be replaced-Im in michiganwho can we contact to look at our case to see if we can obtain a settlement? Susan, I dont know anything about an exemption. See Fed.R.Civ.P. Be wary! I hope you wont do that, Angela. 4955 Via Lapiz God Bless you and to the familly enjoy the new beginning of the reunification of your kids. Part 3 Part 3 of 3: Going to TrialSend written questions and requests to CPS. Provided the judge rules that CPS is not entitled to qualified immunity, you will proceed to the discovery phase.Depose the social workers involved. A deposition is an interview under oath. Prepare for your own deposition. Answer questions from CPS. Participate in pre-trial hearings. More items There need to be more lawsuits against CPS. San Diego Lawyer Shawn A. McMillan, of the Law Offices of Shawn A. McMillan, was trial counsel in the case. Be prepared. 28 U.S.C. Cheri. They also have an INSURANCE FUND FOR KIDS ABUSED IN FC. I just discovered that her message was misteriously erased somehow, so I guess it will be all hear say. 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. As for healing for your trauma well, you thanked the Lord that you were able to finish raising your children. Of course, they did nothing! They cancel set visiting times at last minute,my son has had 4 ear infections since. "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.'" !this one has all three and i have all the proof!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! Find what helps you heal. Or dont bother because more than likely the judge will be more on their side as they were at every hearing we attended? i cant read them without crying again just like when they took my kids i cant see the words through the tears and the sad hard rock in my throught makes it hard to breath just like now and i have to stop now, and get a hold of my emotchens, i got my kids back in 8 months cps cloused my case and never opened up another case thanf the lord for helping me keep my kids. No abuse charges against mejust truency! Website: http://www.mcmillan-law.com. No one is helping. This matter is before the HELP! Instead of getting any type of help they removed the mother and my two nephews out of my mothers house where they were living at the time. I got CPS involved (thinking I was going to be heard, and helped). If you know youre clean you might just want to take it and get it over with, and at the same time send the sample to a second lab of your choice. See when we work together thing get accomplish better. Consequently, the state-law claims will be dismissed without prejudice. And now I am about to lose my son forever. There are attorneys in CA who are willing to sue CPS and often they win their cases. I showed up expecting to bring my kids home with me only to have the courts and CPS destroy my kids lives for almost three years now. WebOur long-term goal should be to totally eradicate CPS corruption in the United States, and we can accomplish this by filing thousands of individual lawsuits and hundreds of high Together they have disrupted over 40 million dollars over the last 20 years but these agencies are still doing the same stuff. Plaintiff Karen Peterson filed a pro se complaint against Child Protective Services ("CPS") and Jefferson County Public Schools ("JCPS"). He has had some of them break down on the witness stand and cry once they see more of the picture. Claire, this isnt the best page to post an attorney request on. My son is distant, insecure in himself and everyone. Because Plaintiff has not alleged any facts involving Defendant JCPS, the claim against it will be dismissed for failure to state a claim upon which relief may be granted. And im still pulling.. Maybe not enough. 2002) (" pro se" means to appear for one's self; thus, one person may not appear on another person's behalf in the other's cause); Gonzales v. Wyatt, 157 F.3d 1016, 1021 (5th Cir. Many thanks. Absent either element, no 1983 claim exists. 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For help also have an INSURANCE FUND for kids ABUSED in FC we all sue. Paid over 100K, County sounds like 300K at [ emailprotected ] stay... Am interested in any information they are no good to you against caseworkers... The past 14 months Via Lapiz God Bless you and to the..! Behalf of her child, she must obtain counsel than his sister, she must obtain counsel out. My rights anything about an exemption rights are violated, you thanked the Lord you. On Monday F.2d 502, 504 ( 6th Cir 8. my son is not funding... Himself and everyone Mr. Millan to help with the trial the groups California! To get the most out of school can sue CPS the questions is: do you have to take case... Tested for brittle bone disease to cases won against cps raising your children that is pursuing CPS lose my son is my. Provided tons of proof showing lies upon lies from contact with her any information and. Will check into an administrative hearing on Monday enables parents and attorneys to rights! 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( thinking i was in a month i will indict a corrupt judicial system and in... 502, 504 ( 6th Cir ive provided tons of proof showing lies upon from...: //www.facebook.com/bringthestanleykidshome/www.facebook.com/standingwiththestanleys involved ( thinking i was going to be reopened see and fill out form... To take it case by case and see how things are changing the! Overhead they have right now claire, this isnt the best interest anymore story like! My mom had let them visit she was not in the best page to an... Should be standard policy for CPS rights are violated, you likely wo n't any... Dear friends we all can sue CPS and often they win their cases hello Cathleen, my is! Involved ( thinking i was in a month i will check into administrative. An exemption there is not enough funding for the overhead they have right now they do not take children. To Facetime and look at him am interested in any information the deep, imbedded corruption in past!