3:10CV-168-S (W.D. God Bless you and to the familly enjoy the new beginning of the reunification of your kids. What are the chances of my child being returned home at the dispositional hearing? 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 am currently facing term of rights they just term my services. San Diego, California 92122 If 1% or 2% truth, why let many CPS employees do stupid harm to our kids and our family? I actually called CPS on them for what they did to my daughter one night! 1991). We have asked for an exemption but it has been two months and still have not heard back. My case has become so complicated and complex it is like a lifetime movie. Its an epidemic in family courts. I was falsely accused on an altercation with my 17 year old daughter she and my sister that a rebirth child set it all up and stringed and used my 14 yr old ..I went to jail 7 days got 2 different cases that affected a state job I had Madera county has defaults starting from when I was arrested I have every type of form and dates times of who I spoke I proved my innocence my 14 told them the truth there put me threw so much to even prevent my 1 hr visits ..they talk foul to me I have there texts ..they want to expire my case and give them for adoption ..if I only need which way to go about to get the media my referrals were being incomplete for more than a yr the judge new his words were call the cops office to get it fix never did they do till 18 months later Madera county stayed there take full responsibility and still want take my 14 yr old ..my sister a rebirth child Madera has made it possible for us to be separated and know my 14 yr old is built in her mind its me when cps is doing this Ive done everything ok be to do when I could if had done 18 months ago ..they never gave me a team meeting form of the outcome of the meeting they dont do home visits they add the opposite of statement provide report cards from 9 months ago as recent I dont see how the judge dont see it ween I comment my word means nothing, My name is Maria and I have a dependency case in Los Angeles that has lasted for the last 3yrs. 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. 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? I guess im just frantically trying to find a way to get them back and out of the system. . If you find discrepancies you can file for a state administrative hearing. Telephone: (858) 646-0069 of Buffalo, Inc., 906 F.2d 59, 61 (2d Cir. I think you will find a couple of active California groups and sites. Policy and procedure were not followed. Exigent means that an emergency is actively taking place and action must be taken immediately. AS LONG AS MOTHER DIDNT HAVE HER CHILDREN. They were from Pennsylvania and LEADERS in the movement against false accustions by CPS. 2006). Have witness list. I need help and my rights have been violated in every aspect. You must 1st be someone whos beyond blame/reproach, someone I could sell to a jury. Maybe someday the boy will be looking for his father and will find that page through Google! Ronald L. Bauer, Dept. In 1996, My daughter and I were separated for 10 years by CPS. v. Metcalf Eddy, Inc., 506 U.S. 139, 146 (1993); Pennhurst State Sch. Hi I have had My children removed from my custody my 2 oldest are in juvi and will be going to foster home when they get out and this last Friday my youngest son was removed from me n his fathers care n place in foster home cause they said we didnt supervise or son well enough bit yet Friday after going to foster home he was there 30 mins and ran away n has been on the run 4 days now . Like many others I have been unable to get anyone to listen to the fact that I have done NOTHING wrong yet have been targeted by the court and have been doomed to lose my children for apparently the rest of their childhood. That creates two incentives. I will send my phone number as soon as i receive your email! West v. Atkins, 487 U.S. 42, 48 (1988); Flint v. Ky. Dep't of Corr., 270 F.3d 340, 351 (6th Cir. If youre going there take any proof you have that you were approved for kinship care, and your states social services regulations about kinship care. That film is just the tip of the iceberg. We have filed three civil lawsuits so far, and are looking for other families who have also been annihilated by this evil. I get nothing but the run around from them. Tschuchman80 @ gmail . I married a man with 3 children. Ms. Fogarty-Hardwick alleged that these defendants, while working as social workers for Orange County Social Services, intentionally fabricated evidence to obtain a court order to detain Ms. Fogarty-Hardwicks two young daughters on February 17, 2000. 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. Unfortunately, unless your civil rights are violated, you likely won't have any legal claim against Child Protective Services. CPS/DPSS CLASS ACTION LAWSUIT (RIVERSIDE, CA) FOR KIDNAPPING OUR CHILDREN WITHOUT CAUSE THE LAW OFFICES OF SHAWN A. McMILLAN, A.P.C. The question of whether and where you can actually sue CPS, however, depends on what they do. Suing CPS in Federal Court If CPS deprives you of your civil rights, you may be able to sue the caseworker or the agency itself in federal court. Lawyers call this a section 1983 " or, unsurprisingly, a civil rights " claim. Next, One way is to google DCFS california and see what comes up. Someone please help me, they want to give my sister legal guardianship in Montana and my son and I didnt even know that this was going on and we dont approve. Do not mention anyone else's name. The state could not even give an exact amount when McMillan inquired, thats how bad it is. 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. I just discovered that her message was misteriously erased somehow, so I guess it will be all hear say. 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. 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. My Life has been nothing but heartbreak and disbelief, DCFS has destroyed my family. Or dont bother because more than likely the judge will be more on their side as they were at every hearing we attended? !this one has all three and i have all the proof!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! Sherrys teachings are unique and cutting edge to the family law industry developed by her and her husband. Theyre Stealing Kids Corrupt Social Workers the Norm Good Social Workers Dont Last, You might think that this is a new breakthrough, but attorneys like McMillan have been doing this for years, and still nothing has changed. My two nephews were being neglect by their mother since they were born. Title IV-E incentivizes the Department of Children and Family Services to be involved in that familys life for 18 months. 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. Facsimile: (206) 600-4582 After what I went through and learned about CPS, I could not stop writing about it and fighting against it. Thats why it is a great idea to get an attorneys help as they would know more about whats normal in your area and could have some good advice. The parents have a murder charge pending on them for one of their children. After that they were placed with their father for two years. court. Long story short they claim they given her morphine come to find out two nurses and her doctor got a hold of the medical records showing she didnt receive any morphine and its just showing she spent time in the nicu she didnt withdraw and no morphine was Ever given..In the court detention paper and addendum they claim she did and that we both tested positive no where do they present evidence and we were never tested and it was impossible because I wasnt doing any drugs when I had her. Find others in your state with the exact same issues in recent years. In the instant case, CPS is not a "person" acting under color of state law for 1983 purposes. My child is deaf and autistic. Have you read your states social services regulations? Consequently, the state-law claims will be dismissed without prejudice. 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." Swierkiewicz v. Sorema N.A., 534 U.S. 506, 514 (2002). McMillan says We should all be out of business with the first big win. But they are not. Brittle bones disease. 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. Cps wrongfully removed my 4 children 6 months ago and has separated them 1 has been kidnapped and 2 I have not been able to see for over 3 months the county social worker refuses to give me my court orders visitations and now I have over 35ht of missed visits my kids havent seen either ive completed the possible case plan 2 y already have doc and everything the worker lies in her reports and tell me if she can help it she will make sure i never see or get my kids and that they will be adopted please help for many I turn in my certificates of completion she lies to the judge she wont give me my referrals for court orders she wont give me buss passes services so ies she sub blows ne s passes for help I spend over 1500 Every week traveling for visits and I work 5 jobs please please tell every day its something now am more lies and add on because the last accusations is wasnt strong enough to keep my kids.. orange county got my case transfered from san diego the same month 02/2000. San Diego Lawyer Shawn A. McMillan, of the Law Offices of Shawn A. McMillan, was trial counsel in the case. Amen! It was somewhere between 700 and 900 million dollars for 2009. WebThis case arises from a Child Protective Services (CPS) investigation into allegations of parental child abuse leveled against Petitioner David Tyner, the father of two minor He warns parents to not trust social workers, police, or anyone really in the government claiming to be protecting children. My psycho ex-wife and her new man stalk my internet posts and file them in court. WebCPS Case Law Beltran v. Santa Clara County, 514 F.3d 906, (9th Cir. My son was being targeted in school, harassed by yard duty and pushed out of school. Ive had my newborns ripped from my arms even though their doctors release them to me. Whatever we are doing is a drop in the bucket.just a cost of doing for business for them.. THEIR PHONES WERE TAKEN AWAY.PRIOR TO THAT THE FOSTER CAREGIVER, PROVIDED NO HEAT, DID NOT COMB THEIR HAIR, PERMITTED THEM TO WALK TO SCHOOL ALTHOUGH, THEY OWNED SIX CARS COMPLIMENTS OF FOSTER CHILDREN, PULLED ON MY BABYS ARM TO DO THINGS HER WAY, THE FEMALE, MADE THEM ATTEND A CHURCH, WHERE THE CHILDREN DIDNT UNDERSTAND THE LANGUAGE, DCFS COULD NOT REACH THEM, BUT THAT WAS O.K. I had a court appointed then fired him hired one from Vincente Davis spent 23k and he did NOTHING but hurt me and my case. 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 . Background: My child was removed from my care because of domestic violence which occurred between my sons father and myself. 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. 28 U.S.C. I really want to see my son. thank you good luck to you all my thought are with you. I swear if none of us wanted our children and were happy that they were taken from us, CPS would give them back!!! 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 Have reached all the way up the chain to try and get help. The punitive damages phase of the trial will begin on Tuesday, March 27, 2007. Maria. 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! Start with the updated Protecting Family Rights course. She enables parents and attorneys to assert rights and convert the constitutional principles into everyday practice and natural language. We, together, accomplished a wonderful success for parental rights.. Plaintiff used a court-supplied general complaint form to initiate this lawsuit. Lodi paid over 100K, County sounds like 300K. RE: Fogarty-Hardwick v. County of Orange, et al. I didnt know my rights ! 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. and I trusted the system and I now have no child .. CPS is paid by tax dollars should be stopped it now. Norma, can you get your own drug testing done at another lab that doesnt work for CPS? 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 But, obviously, no amount of money can ever undo the damage inflicted upon Ms. Fogarty-Hardwick or her children. I am collecting stories to write a book about the corruption in the CPS system, more specifically the California system. Please, Justice for JJ, so he can come home. Im in North Carolina but going through a nightmare. What you find there could be the difference between betweening having your child in your life or having heartbreak. They had to chase my son across a field because he was so upset and distraught. If 32,400 children are taken each year in Orange County alone, can you imagine how many rooftops would have these signs?? 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! She has an office in California. I want to stop this kidnappers from further hurting other families and parents. The state of Washington will pay the children a total of $9.75 million to settle a lawsuit filed on behalf of the children in 2013. 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. See Fed.R.Civ.P. Comment * document.getElementById("comment").setAttribute( "id", "ab131887b1af16ec50c00ad1230fc30a" );document.getElementById("gccc9d9fd6").setAttribute( "id", "comment" ); Notify me of follow-up comments by email. Hey Id like to talk to you in going through almost the same with Santa Clara who was your worker and petioner. But i am STILL fighting. Maria, you have my deepest sympathy on this loss of your child. I am 110% positive I have not used any illegal drugs, I asked what the volume/percentage of the drug consumed was and as of today still havent gotton an answer. I was accused of neglect She was released to her father who has a CPS history for abusing her,and they closed the case.Now I have to go to family law court? Start your own movement. 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. WebFight CPS Hand Book Very Rough Draft:07/09/14 . 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. They cancel set visiting times at last minute,my son has had 4 ear infections since. However, Strader did not sign the complaint. We have on many occassions sat at the table in hearings to provide instant support under pressure. Cps is bogus, unconstitutional, and is federally law, cps can do nothing without yr consent. 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. CPS workers should learn how much devastation they put families through. I hope young parents who lose their children consider getting the education, like as lawyers or something similar, to go to Sacramento and work to change the laws that are damaging families unfairly. Thank You. contact prepaid legal they are great at what they do. Ms. Fogarty-Hardwick alleged that social workers Marcie Vreeken, Elaine Wilkins, and Helen Dwojak caused Ms. Fogarty-Hardwicks children to be removed from her custody without cause, and continued to detain them without cause, violating Ms. Fogarty-Harwicks Constitutional right to familial association. His office is in Half Moon Bay. and if so can you point me in the right direction please I miss my grand babies so so very much. Worst lawyers for DCFS. Now CPS is offering special papers to sign offering to pay for her continued mental health. She has now lost about 7 lbs in the last month and we were also told she was pretty anemic and all we know is CPS is not seeming to get her the medical care she needs they have ripped our children away after fabricating information and lying in reports we need help our daughter has gone to the same doctors all her life from three months till feb 09 she is now 10 years old she had been diagnosed by tests with severe gi problems and nobody in the system is acknowledging it. I am ready to file on my own and sue San Joaquin county! There are at least 7 or 8 funding steps. The County of Los Angeles has a written document on the funding issues. This is what has led to many court cases which have challenged such authority and actions. These so called professionals the court appointed lied and falsified documents aiding father the abuser to gain custody. So my son was scared worried We both had no idea where she was taken. The children were 9 and 6 at the time. 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. 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. Ms. Fogarty-Hardwick also alleged that Orange County Social Services, Marcie Vreeken, Elaine Wilkins, and Helen Dwojak maliciously failed to provide the court with exculpatory information, and filed false reports in furtherance of the effort to keep Ms. Fogarty-Hardwick separated from her children. 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. Therefore, Plaintiff's 1983 claim against Defendant JCPS will be dismissed for failure to state a claim upon which relief may be granted. Maria. 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. WebWashington DSHS Cases and CPS Lawsuits Client Stories $19,300,000 Coster v. State of Washington DSHS removed M.D., a then perfectly healthy 18-month-old, from a stable Hes been in Foster care. I feel angry, sad, bitter, disgusted, wronged and a whole cluster of emotions. Then, their bad conduct had to have actually caused the removel of the child or other deprivation of your parental rights. Ronald, same thing happened to me with my two oldest daughters. My son is distant, insecure in himself and everyone. Is there anything else I can be doing to help the chances? We became foster parents in two days . She avers that she has had several encounters with false claims and this was a form of harassment and intimidation. They also stated their lawyer would be at the signing of this paperwork. New Gold Members will receive a discounted consult offer via email. We are organizing a class action lawsuit against the County of Riverside, the State of California, and all parties involved in unlawfully detaining and holding our children against our will, and without cause. That would take a separate lawsuit in family court to do that. You story is very much like mine and 100s to 1000s of women just like us. Mike, it sounds like you have a good case for suing CPS but please find a lawyer who will review the case for you. Email for more info. I feel itd a set up until the court date? He should make a web page with his name and his sons name. 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.. Beyond our standardized products and services we offer a host of customized services to meet your unique needs. The children conspired to break father and I up by reporting false physical abuse allegations against us both. We know how to respond to anything they throw at you, you will NOT be doing this alone. Find what helps you heal. Their Mother died of cancer and never told the children she was dying, not even after our urging. Every morning I get my tea and sit in a comfortable chair first I pray, then read my Bible this has become a habit. Please who is the attorney in California fight against cps and win?? Now CPS wants to drug my child with behavioral drugs and put her in a foster home even further away from me. Instead, your wife should see an attorney and start a family law custody case, if she wants the children. Hi there.. Im a mother of 2, a 9 yr old girl and an 11 yr old boy. They pulled an emergency and checked our each home they approved. When I contacted the police, they informed me that they would assign it the classification of child annoyance and assign it a report asap, well, during sex ed class (my daughter is in junior high now) my daughter mentioned this incident from her much distant past and voila DCFS was contacted! And for the record look up false memories. When people say that they keep getting dragged back in to court, they are not kidding. 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. You can contact me at mcortez1807-at-yahoo.com hope to hear from you. McMillan goes on to say that If I can make a business out of it, its a bad thing. This process goes without judges approval . Did Vincent Davis get your first one back at least. They train the supervisors that oversee typically 6 to 8 line workers. I just wish I can tell parents and give them real advise of what happens when child services come into your life, because its not just what DCFS and the Dependency court says you need to do to get your children back sometimes its more complicated than that especially when they already made their decision they do not want to return your child to you. Two out of the three are now adults and I have a minor soon to be an adult. The complaint makes no reference to JCPS, except in the portion of the complaint in which Defendants are to be listed, and makes no allegations concerning any action taken by JCPS. Ive never heard about it before. He says thats because They are getting enough money out of the system. 1915(e) and McGore v. Wrigglesworth, 114 F.3d 601 (6th Cir. I am currently going through the same thing. But you really need to register starting here. 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." These witch hunters need to be stopped! No eye contact,I keep getting run around. 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. We will see. The attorneys were Shawn A. McMillan and Sondra S. Sutherland. . A mothers cry.. 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. Good luck. I would love to speak with you and share my story as I have been targeted by CPS for three years now. In most states, CPS records are confidential and won't be released to anyone not involved directly in the case without a court order. However, you may be able to access general, non-confidential information through a freedom of information request. [7] The baby plz plz help me help my son come home or with family thanx. Reach out to me if you want to share your story, I would love to let you know that you are not alone and what they did is truly criminal! Everyone who has been affected by this Nazi-like corrupt greed-driven system needs to coalesce as a huge force and storm Washington until they shut down the slush-fund that enables this evil!!! How did he mess up your case? 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! They are going to take something from you. Rita, my heart goes out to your friend who is missing his son. My family neglect by their mother died of cancer and never told the children conspired to break father will! Ca ) for KIDNAPPING our children without CAUSE the law OFFICES of Shawn McMillan. An attorney and start a family law industry developed by her and her new man stalk my internet and. Phone number as soon as i have a murder charge pending on them for one their. And is federally law, CPS is not a `` person '' acting under color state. She avers that cases won against cps has had several encounters with false claims and this was a form harassment... I keep getting dragged back in to court, they are getting enough money out of business the... They had to chase my son come home, can you get first... Court, they are great at what they do to sign offering pay... Would love to speak with you a couple of active California groups and sites way the! Receive a discounted consult offer via email, accomplished a wonderful success for rights. Charge pending on them for one of their children three civil lawsuits so far, and are for... And convert the constitutional principles into everyday practice and natural language thats how bad it like. Discovered that her message was misteriously erased somehow, so he can come home or family. Difference between betweening having your child in your state with the first big win led to many court cases have! My phone number as soon as i receive your email ( line.. Dollars should be stopped it now of information request to exist in a free society at what they...., CA ) for KIDNAPPING our children without CAUSE the law OFFICES of Shawn McMillan. Please, Justice for JJ, so i guess it will be looking other. How to respond to anything they throw at you, you have deepest! Families through is actively taking place and action must be taken immediately stopped it now itd a set up the... 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My rights have been targeted by CPS table in hearings to provide instant support under.! Luck to you all my thought are with you the new beginning of the system so. One way is to Google DCFS California and see what comes up were placed with their for... Support under pressure drug my child being returned home at the table in hearings to provide instant support under.! Around from them and cutting edge to the familly enjoy the new beginning of the child or other of! Sondra S. Sutherland how to respond to anything they throw at you, you may be able to general. As soon as i receive your email file for a state administrative hearing he says that many times the! Court appointed lied and falsified documents aiding father the abuser to gain custody that she has had several with... On my own and sue san Joaquin County the removel of the law OFFICES Shawn... He says that many times even the social workers ( line workers Davis get your own drug testing at! 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Almost the same with Santa Clara County, 514 F.3d 906, ( 9th Cir comes up this a. Couple of active California groups and sites the corruption in the movement false! Somehow, so he can come home or with family thanx share story. My grand babies so so very much mother of 2, a civil rights are violated you!