You story is very much like mine and 100s to 1000s of women just like us. Your email address will not be published. McMillan says this is a problem across the board in all agencies of government due to not enough oversight. A couple months prior to that I moved to Northern California to get away from the drama between me and the mother. email me robund629[at]gmail.com, If you are in Arizona they havebaby court if child is under three they have six months to either adopt out or give back. please watch the video on youtube titled Orange County California CPS Corruption. If you have an open CPS case take notes on every regulation thats being violated by your caseworker. Plaintiff has alleged no such active unconstitutional behavior by JCPS, and JCPS is not liable for the actions/inactions of its employees. does the caseworker get a big check for every child that they adopt out? Personally I dont like drug tests and never have taken one but also, I dont use drugs or alcohol at all so thats not an issue for me and Ive never been asked to take one. Tommy, I would never call CPS for help in a custody case. How many tips is truth of child abuse receiving from CPS? I am very happy for this familly best of wishes and I hope they send their child to college so they can become attorney and help others fight back. What is so crazy is that no matter what you do DCFS here in California or atleast in los angeles is one of the most powerful and corruption state organizations. FEDERAL LAWSUIT AGAINST CPS.. | MoveOn To: President Donald Trump, MARGARET CHRISAWN, Risk Management Program Specialist Department of Financial For what to cause so much pain to my child and myself. 2. But i am STILL fighting. see: http://www.topix.net/content/prweb/2009/03/los-angeles-county-settles-civil-rights-case-arising-from-alleged. i know that we are not perfect and we make mistakes but to place our children in the same environment or worse how is that protecting them. My psycho ex-wife and her new man stalk my internet posts and file them in court. There are attorneys in CA who are willing to sue CPS and often they win their cases. Even though its not Court ordered but they felt because my mom had let them visit she was not in the best interest anymore. HELP! This is what has led to many court cases which have challenged such authority and actions. A group called Stop Child Protection Services from Legally Kidnapping Children (SCPSLKC) brought a civil rights lawsuit against state and county agencies in Ive never heard about it before. "Nor can the liability of supervisors be based solely on the right to control employees, or simple awareness of employees' misconduct." Yes please. Sign NOTHING!!!!! We work in all states and have seen all kinds of statutes, rules, and judicial tricks. Claire, this isnt the best page to post an attorney request on. People dont know anything about Dcs and that is how they wreck families daily, my kids were tacken 3 days befor x-mas1997they were 2,3,5. they are 20,21,22. now i still have all my gernles from that time every contact i made with cps i took notes, i took names. 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! Required fields are marked *. Have you asked for an attorneys advice? This matter is before the Court on preliminary review of the complaint pursuant to 28 U.S.C. 4. 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." Plaintiff, therefore, fails to state a claim for relief against CPS. If another party files a case against you, CPS will have to revive your old CPS records and partake in further investigations. For additional information, contact: If it was me, the fianc would already be living elsewhere. ABSURD!! He warns parents to not trust social workers, police, or anyone really in the government claiming to be protecting children. Please help ???? I am hanging on by thread i have no sense of who i am anymore I have changed and all they did to change me only hurt my child severed our bond and terminated my rights as a parent . Message me if youre interested [emailprotected]. The Attorney I used is from San Jose his name is Robert Powell. Theres more to life this is a beautiful place for learning and growing and finding out about new things. In the Duval trial that Attorney McMillan just finished they claim they are investigating 156,000 child abuse allegations a year in the county of Los Angeles made by the Attorney for the State. And no one will. Trish, I have had my share of battles with Cps myself .. McMillan makes his living by exclusively suing county and state agencies that are involved in child abuse investigations. He is definitely one of the good guys. v. Metcalf Eddy, Inc., 506 U.S. 139, 146 (1993); Pennhurst State Sch. Have reached all the way up the chain to try and get help. Michael Riley deposition is available online here. Sherry attributes successfully developing the most powerful tools and a five-stage formula to assist attorneys and pro se parents get better results and fight legal abuses that occur in the family court settings. I havent done anything here hes he has Special Needs has a disability he is nonverbal hes rebellious sometimes this vicious woman who has nothing going for her other than a very mean spirit and soul I dont know what would drive somebody to hurt a child the way shes hurt my son. My name is Sondra S. Sutherland, and I am the attorney who took on this case. People like me should not be able to exist in a free society. He says that many times even the social workers (line workers) are in the dark about what is happening. Please communicate back and give us feedback as to what you have unearthed. I finished my case plan orders a year ago and in a month I will be having to sign away my rights. Because as of today we are still on monitored visits couple hours a week and it has been a yr and half .. Lots of push and pull a give and take its been horribly damaging to all of our lives and my daughter is the one who needs a mom .. Will we ever get an exemption or is this wishful thinking? I get nothing but the run around from them. MY FAMILY HAS BEEN RIPPED APART BY CPS, I WAS LIVING A HAPPY LIFE WITH MY 6 KIDS, NOW MY ENTIRE FAMILY HAS VANISHED BEFORE MY EYES, I HAVE A JOB, BUT CANT GET ANY HELP, ITS JUST UNREAL HOW THIS CPS WORKER MADE UP ALOT OF LIES ABOUT ME AND MY FAMILY, SHE FABRICATED SO MANY LIES AGAINST ME THAT I DONT EVEN HAVE A CLUE HOW TO FIGHT THESE LIES, CAUSE THE JUDGE IS BELIEVING EVERY LIE SHE MAKES UP FROM TORTURE, CHILD ABUSE, SEXUAL ABUSE, POLYGAMY, STALKER, MOLESTATION, BURNING MY KIDS WIT A IRON, BEATING MY KIDS TILL THEY ARE BLUE, MURDER, RAPE, FEEDING MY KIDS BLEACH AND FURNITURE POLISH, KIDNAPPING STUDENTS, THREATING TO BLOW UP AIRPORTS, TEACHING MY KIDS TO LIE, AND SHE HAS FOUND SOME WAY TO CONVINCE MY KIDS THAT THEY ARE AFRAID OF ME AND THEY DONT WANT TO COME BACK HOME, ALL OF THESE ALLEGATIONS WITHOUT ONE PIECE OF EVIDENCE, JUST SCIENCE FICTIONS STORYS THAT SHE SUBMITT TO THE JUDGE WITHOUT ANY TRUTH BEHIND IT, I SHOULDNT BE IN JAIL, BUT UNDER THE JAIL IN A BOX IF ANY OF IT WERE TRUE. In the instant case, CPS is not a "person" acting under color of state law for 1983 purposes. You must 1st be someone whos beyond blame/reproach, someone I could sell to a jury. One of McMillans most recent big case wins, Lena Duvalls litigation was 5 years. New Gold Members will receive a discounted consult offer via email. 2005) (quoting Bass v. Robinson, 167 F.3d 1041, 1048 (6th Cir. In Pro Per Complaint Against CPS Contact Your State Legislator For Help The children were 9 and 6 at the time. I am going through the courts in Norwalk,CA. Beyond our standardized products and services we offer a host of customized services to meet your unique needs. TWITTER: @EthicsRouser, Heres The White House Corruption Petition: http://1.usa.gov/1314AzB, Hello can someone tell me what the WhiteHouse corruption Petition is about? Do you have money to pay the attorney that is SUEING? Its called conform .. Theres a process that no judge attorney etc can do anything about. Rita, my heart goes out to your friend who is missing his son. But, obviously, no amount of money can ever undo the damage inflicted upon Ms. Fogarty-Hardwick or her children. To make the story short, a year ago one of my nephews who at the time was 2 years old was beaten to death by the mothers boyfriend. . 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. Here is one of my favorite songs (the praise band sang this in my church last Sunday.). In Orange County a mother has been awarded 4.9 million dollars in a case against CPS caseworkers and the Department of Social Services. . I lost my daughter to her abuser. Ronald L. Bauer, Dept. It was hell for me and they have never fully recovered even though the younger of the two is now 29. He did serve a year of prison time. who is now divorced. This process goes without judges approval . The patch is faulty, most states do not use because of this check int o your state to make sure that it is legal to use. His children are grown now so he has much less to worry about. Thanks. 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. The new school was worse. 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. If policy and procedures werent followed look into civil rights violations. 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. When they showed up at my house..I let them in and access to all 4 of my kids as she told me it was mandatory. No eye contact,I keep getting run around. The new CPS worker seems normal however this first one told numerous lies about me My attorney is just sitting there not explaining things why would she grant my husband Im not even divorced from yet custody when she saw and video him beating up my son whats wrong with these people Im not saying theyre all bad but for god sakes weve got to do something about this please theyre too many people out there in pain theyve got to stop hurting people please help. Of course, they did nothing! Hey Id like to talk to you in going through almost the same with Santa Clara who was your worker and petioner. 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? 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. Participating in services wasnt an option given. He is moving out. I am a mother whos daughter is being held in CA against her will and has also been sexually assualted with her fathers knowledge his stepson was doing it and physically and mentally abused by her father. I show up, wait around all day only to go into a courtroom and they kept my kids!! Shehee v. Luttrell, 199 F.3d 295, 300 (6th Cir. I have been going through the same thing for 3 years. She enables parents and attorneys to assert rights and convert the constitutional principles into everyday practice and natural language. Swierkiewicz v. Sorema N.A., 534 U.S. 506, 514 (2002). Tschuchman80 @ gmail . Judy, why dont you publish your journals? See Will v. Mich. Dep't of State Police, 491 U.S. 58, 71 (1989). Things that CPS cannot do include. So my son was scared worried We both had no idea where she was taken. CPS left a note and has since adopted his son out to another family.My friend, this guy, he is so lost and here it is 2008 and if that kid is somewhere out there I want him to know hes got a good Dad that is lost in his heart searching for his boy, home. Hello my question is what do I do when my son has been taken from me cause I was forced in psychiatric care and was told I couldnt call anyone to get my son and now they wont give him back and the foster parents are disregarding covid 19 stay at home orders and my son is 6 who was born with upper respiratory issues and when I talked to him he sounded all congested I havent signed papers for those people or any plan and court is on 29th what do I do please I have no money but I am intelligent and I am so persistent you wouldnt even believe and my son is my reason for life. around when I was 8 months I used fentanyl and my original doctor was aware I happen to go into and emergency labor ended up at cedar Sinai I notified new doctors everything my doctor had already known. WebCPS Case Law Beltran v. Santa Clara County, 514 F.3d 906, (9th Cir. Shepherd, 313 F.3d at 970 (a 1983 action) (citing Cheung v. Youth Orchestra Found. In enacting 1983, Congress did not intend to override the traditional sovereign immunity of the states. Anyway both counties refused to have my child tested for brittle bone disease. Your Gold Membership increases your protection and ours because it demonstrates that we share a common political cause of petititoning the goverment to protect parent and child rights from unlawful state action. Amen! 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 appreciate any info- thanks Shelley. Hello world, I am a single father of three beautiful children I had the pleasure to raise. We should take CPS out of the system and finish them is the right way for Americans. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Maria, you have my deepest sympathy on this loss of your child. 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.". Peterson does not have standing to assert any claim on behalf of Strader. It would have been dismissed that would have been the end of itThe jurisdictional cut off would have ended. Five years from the date of filing if you do not empanel your jury and have that first witnessed heard you are done unless the other side agrees to waive the statute. Dawn, there was just a large settlement in California. No eye contact, I would never call CPS for help the children were and... Robinson, 167 F.3d 1041, 1048 ( 6th Cir am the attorney who took on this loss of child. Around all day only to go into a courtroom and they kept my kids! kinds... 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