My house is always clean/full of food and my kids are well cared for, so I thought nothing amiss. I know Robert Powell well..he is a great guy and one hell of an attorney. I went through Judges ,730Evaluation, evaluations at my home, physiological testing and much more. Tammi Stefano of The National Safe Child show interviews California civil rights Attorney Shawn McMillan who talks about how even he was at risk of having his children grabbed by CPS because he was litigating these cases. 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. WebWhen a report of suspected child abuse, child neglect, exploitation or abandonment is received by the department of social services, CPS conducts an investigation which can include talking with the child and arranging for a medical or psychological examination. The middle child reported physical abuse again, CPS, totally different people because everyone from last time was fired, told father that the previous case was unfounded and was sorry because it was not handled well. I got my kids taken away last year for testing positive for meth. To state a claim for relief, Plaintiff must show how each Defendant is accountable because the Defendant was personally involved in the acts about which she complains. Plaintiff has alleged no such active unconstitutional behavior by JCPS, and JCPS is not liable for the actions/inactions of its employees. He says thats because They are getting enough money out of the system. Now our grandkids are in their fourth foster home and we can not go see them because the parents made up lies against us. I dont know how else to prove Im not using drugs they rely so much on that patch they dont want to take their time and investigate it! But called a family team meeting took them from mom and said they should stay Were they are at . 28 U.S.C. Ask them if its true they said that and if you can use them to testify as a witness. 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. more information Accept. ?please let me know. Please communicate back and give us feedback as to what you have unearthed. My question is, should I even attempt to sue CPS? Now if he was in my care he would of been home were he belong not running the street.. Claire, this isnt the best page to post an attorney request on. Sign NOTHING!!!!! My son was being targeted in school, harassed by yard duty and pushed out of school. it took a long time to pull through all of this. Believe me Ive living this nightmare and have been for years! Hope everything turnout for you I also hired Vincent Davis spent almost 30k and he did nothing for me I was really disappointing because he came out at first like he himself was going to handle my case, he never return my calls and I always had to keep making appointments it was terrible then he put this attorney Judy Nguyen she is is the worst lawyer doesnt speak up for you doest tell you exactly what to expect and then you have no idea what is going on. We have filed three civil lawsuits so far, and are looking for other families who have also been annihilated by this evil. I am not sure if I can offer any help but am open to sharing with you what I did to combat their illegal techniques. We have been there. Conclusion He says, you dont talk to government. Please go see one about this. After what I went through and learned about CPS, I could not stop writing about it and fighting against it. I am not sure where to find the regulations but I will look into it now. Rita, my heart goes out to your friend who is missing his son. See, e.g., Shepherd v. Wellman, 313 F.3d 963, 970 (6th Cir. My children were taken from their father not me it took them 7 days to take my children after my x had me arrested 2 times by lying the police acknowlage that he was lying but STILL took me to jail! Now I am broke savings completely spent and almost ready to disappear with my babies at the first chance I get. Except in exigent circumstances, a court order is required before CPS can legally remove a child from your home without your consent. CPS can take the kids permanently from both parents. We know how to respond to anything they throw at you, you will NOT be doing this alone. Linda, you can get feedback on your case here: http://forum.fightcps.com, Pls advise an dhelp my 3 teens 14 13 11 have been taken for high school by Newoort police to orangwood shelter .4 weeks passed .kids and mother are inocent ,Ex Don Langley molesting my 3 kids ,police took them on basis PAS parental alienation syndrome pls advise how to bring home my 3 kids ,my 14 year old want to die at shelter. If there is a class action lawsuit we need to sue california for not protecting and abusing families!! Please review our free pro se help resources. In most cases, CPS would not want to do this unless it is the only option available. 1991). With the help of an attorney, Shawn A. McMillan . The scholl teacher came and asked me to have my child tested for A.D.D. You have got }, { You probably won't find many people who sympathize with people who work in this industry. Now I am being blamed for all their troubles. Having dismissed all federal claims over which the Court has original jurisdiction, the Court declines to exercise supplemental jurisdiction over any remaining state-law claim that Plaintiff may be attempting to bring. Its an epidemic in family courts. Im willing to take a follicle test but the judge will not consider it, Im pregnant due anyday also willing to take a mecomium test on the baby. 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. RE: Fogarty-Hardwick v. County of Orange, et al. If you would like more feedback on your case youre welcome to join us on the message board: http://forum.fightcps.com. She enables parents and attorneys to assert rights and convert the constitutional principles into everyday practice and natural language. 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. They are my friends, but when they moved from West Chester, PA, I lost track of them. Plaintiff's claim against JCPS also fails. So, you likely won't be able to sue for emotional distress. I see my daughter a lot and i have my own 2 yr old son now. We even said my fianc would move out. See 28 U.S.C. I agree we must put a stop to this..i have a nephew who is going up for adoption..the caseworker refuses to acknowledge us..we have attended court hearings..we have written letters to the judge who is handling this case..two familes have gone thru the adoption home study and passedthe caseworker said it didnt matter that she was going thru with the adoption in her way..she said she wants whats in his best interesthis best interest??? 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? A couple months prior to that I moved to Northern California to get away from the drama between me and the mother. I have been complete for an entire year done everything they have asked then bam new worker no longer compliant and or complete. Id. Please help me to understand. They have to get as many kids in as they had last year or else they have to make up the shortfall from the general fund, says McMillan. Did Vincent Davis get your first one back at least. I would like to do a follow up story, can someone help. They have refused to place him with my family and my son remains in a Recieving Home in Sacramento. Court order visits I have so much recordings of email text audio of all the lies please help me please my children do not deserve this at 1 2v3 and 11 they are givibg up hope and are deteriorating constantly sick and dirty they were potty trained now they wear diapers they talked and are very advanced in all programs I had them participate in before cos got involved in my famlies life now the social workers says my 1 yr old is developmentally delayed because she refuses to talk to them and only cries my kids are very close to each other very close bonds and relationship they are always together but they have their own time and interest also they intentionally separated them saying they just wanted to always be with one another and that it shows they were not supervised and that in mentally unstable that my kids are to advanced and too smart and independent please help they say Im not taking psychiatric medication but havent been prescribed psychiatric medication they served me with a neglect warrant ssying I have no food shelter or clothing but we stayed in a family shelter Ive filed complaints a gov tort talked to ombudsmen person supervisors division mgs directors and no one is doing anything but telling me to be quiet and just wait these people are breaking the law fabricating reports and false allegations discrimination false imprisonment violating our civil rights commuting pujury conspiracy and so much more you have to help us please please ive document everthing recorded everything witnesses please someone please help I can prove everything, We are grandparents whos grandchildren were taken from our care ie foster care . See Rizzo v. Goode, 423 U.S. 362, 375-76 (1976). I dont know what rights i have as rights were terminated but if i can take a stand for people like me I want to do it! That creates two incentives. McMillan says that Julian Dominguez can tell you more about that information. Keeping track of the boys was becoming very hard as the mother kept moving from place to place and made it very difficult for me or my mother to see the boys. 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. In some states, neglect may include failing to put a child in school or providing the required treatment for children with special needs. 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. We would cut off 90% CPS employees to save tax dollars for assistant poor family rather than let CPS do harm to our children of good parents. Or did they get a warrant when they removed. The table below outlines examples of child neglect. 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. Accordingly, Plaintiff's claim against CPS will be dismissed for failure to state a claim upon which relief may be granted. Shehee v. Luttrell, 199 F.3d 295, 300 (6th Cir. thank you good luck to you all my thought are with you. Two out of the three are now adults and I have a minor soon to be an adult. 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 .. Mike, it sounds like you have a good case for suing CPS but please find a lawyer who will review the case for you. He is amazing! She was admitted to CHOC. New Gold Members will receive a discounted consult offer via email. I would like to get an email from you if you are interested in demonstrating. This site was built by the trauma I experienced because of CPS. Spend time in the Word and with Him. Therefore, the claim against CPS is also barred by the Eleventh Amendment. If you find discrepancies you can file for a state administrative hearing. Additionally, a state agency may not be sued in federal court, unless the state has waived its sovereign immunity under the Eleventh Amendment or Congress has overridden it. WebMost typically, the CPS/DCFS social worker wants to keep you from knowing exactly what you have been accused of sort of keeping themselves on a general fishing expedition but it is required by state and federal law to tell you the exact details of the accusations at first contact with you. 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 . 1998) ("[I]n federal court a party can represent himself or be represented by an attorney, but cannot be represented by a nonlawyer."). I have been through the Orange County,California court system for many years and they are corrupt. THE LAW OFFICES OF SHAWN A. McMILLAN, A.P.C. In Orange County a mother has been awarded 4.9 million dollars in a case against CPS caseworkers and the Department of Social Services. 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. Ky. Apr. We need help in fight cps and getting our grandkids back and clearing our name in court documents. I can only talk to her on the phone twice a week on speaker phone so they can hear and i cant see her in person except for in court where im not allowed touch her. Please who is the attorney in California fight against cps and win?? Thomas v. Shipka, 818 F.2d 496, 500 (6th Cir. He should make a web page with his name and his sons name. Id. 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. I would like to remind the CPS director of this case in 2000: 4 million settlement in LA for a brain damaged foster child too many CPS drugs ruined this child for life! The mother, Deanna He is moving out. 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. Sometimes it makes me cry, but these are good tears. Worst lawyers for DCFS. With no evidence at all, my ex and his girlfriend concocted a litany of accusations against me and he convinced the court not to allow me any significant time with my daughters. Required fields are marked *. We expect the Jurys 4.9 million dollar verdict will cause the County of Orange and its Department of Social Services to implement procedures to prevent future abuses by County social workers and protect other families.. case plan or horse and pony show. The state could not even give an exact amount when McMillan inquired, thats how bad it is. I live in Utah and lost 6 adopted children after my divorce through parental alienation and false allegations of abuse. I was in a similar situition back in 2005. God bless.. 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. My son was 14mnths when taking its now been 5mnths. However, in a civil rights action, "parents cannot appear pro se on behalf of their minor children because a, Full title:KAREN PETERSON PLAINTIFF v. CHILD PROTECTIVE SERVICES et al. In fact, one of the first things we do in our Juvenile Court cases is to fight to get any child out of foster care Children seized w/o warrant. Its called conform .. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. Thank You, However, I still have no idea what is going on. Of course, they did nothing! A courthouse in Alabama 4. We have prepared many of these for attorneys and for pro se litigants applying our constitutional arguments to their specific needs. Have you received any feedback on any attorneys or different avenues for help. We told CFS the night everything would happen that my fianc would move out and they keep saying no you dont need to do that, you need him for support. Similar situition back in 2005 sons name taken away last year for testing positive for meth constitutional! F.3D 963, 970 ( 6th Cir please communicate back and give us feedback as to you! 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