How did he mess up your case? Absent either element, no 1983 claim exists. 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 . Trish, I have had my share of battles with Cps myself .. Conclusion I actually called CPS on them for what they did to my daughter one night! If you are asking that your children be returned always refer to them as your property . I trusted DFCS after they illegally removed my child in 2015 because the last social worker on my case was genuine and I worked hard doing double what was asked. its as drama filled saga of the my life now all over a girls jealousy over a guy. Now I am being told that they may not place him with me because I have too much access to my daughter. . I files four appeals and each one of them I was appointed Attorney Seth Gorman to handle those appeals which I won on the fact San Joaquin didnt have jurisdiction. 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. I have a story for you that its out of this world. Hosp. Ill do whatever I have to! In some states, neglect may include failing to put a child in school or providing the required treatment for children with special needs. He is aware of how difficult it is for parents to be believed. Its so unfair that Im at risk of loosing my kids when I did everything I was asked to get them back and now because of two false positives at risk of loosing them. Policy and procedure were not followed. Good luck. Once you have a foundation of understanding our approach, you can then maximize the value of your Gold Member consult discount to get help that is highly targeted to your specific needs. Im not sure what county your case is in but mine is in San Joaquin county. My son was 14mnths when taking its now been 5mnths. 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. Thanks God that Someone God Paid for what they have done to them. Not one agency did their job to protect my child. Social workers are , and intentionally misinforming the courts and 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 the court. But you really need to register starting here. I had made over 250 attempts to change custody. So sorry I didnt see this earlier! 2. 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. WITHOUT ANYONE SPEAKING TO ME, THE COPS NOT SOCIAL WORKERS TOOK MY CHILDREN, HAVE LIED ON ME, INCLUDING THE POLICE AND MY OWN COURT APPOINTED ATTORNEY. I believe there is also a less serious form of the condition, too which may involve a newer test. who is now divorced. 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. If you find discrepancies you can file for a state administrative hearing. Next, review your court order to see what orders may be violated by the caseworker. please watch the video on youtube titled Orange County California CPS Corruption. Please go see one about this. 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. I did nothing wrong except trust in the system. CPS uses their power to do harm to our kids such as to remove our kids from homes to terrify our kids in front of good parents and make good parents felt heart breaking because our kids being removed their home. 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 son is distant, insecure in himself and everyone. 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. She was admitted to CHOC. Plaintiff's claim against JCPS also fails. Theres a process that no judge attorney etc can do anything about. 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. Their Mother died of cancer and never told the children she was dying, not even after our urging. I had only been in California for a week. . If you have an open CPS case take notes on every regulation thats being violated by your caseworker. This was over two years ago. Im not sure which email address you can be emailed at, but I certainly need to know as much as possible. 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. If i were to win money in a case i would help others if i could have an hour with my son and or a relationship with him. Just a mom trying to get her kids back. "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.'" They made up horrible lies just because I was ready to go home rest had been completed every thing I asked before I had tried to walk out and request they discharge us . 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. Many thanks. 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. If law suits are not fixing this, what will? Now our grandkids are in their fourth foster home and we can not go see them because the parents made up lies against us. We have a number of paid and free services designed to assist pro se parents in getting the maximum protection for their parental rights and for their child. They investigate our kids and parents even they received the bad tips. Swierkiewicz v. Sorema N.A., 534 U.S. 506, 514 (2002). No eye contact,I keep getting run around. 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! I have assured them I will not have any contact with her. These witch hunters need to be stopped! CPS system is a devil system it should be changed and stopped immediately, not benefit for American family. Can we call CPS on CPS for the abuse they are subjecting our children to? See Rizzo v. Goode, 423 U.S. 362, 375-76 (1976). No last names. See Will v. Mich. Dep't of State Police, 491 U.S. 58, 71 (1989). Please, Justice for JJ, so he can come home. 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." He needs me and I need him. We were struggling in a camper after we lost our place to live An officer and i believe a dcfs worker came out to my rv at 7 at night and removed them by 9.. Lenas case almost got thrown out because they were up against the 5-year statute. Please avail yourself of these resources before seeking a consultation. I know both are quite elderly now. I feel like they know that what they did was wrong and are trying the impossible to cover up their mistakes. Plaintiff Karen Peterson filed a pro se complaint against Child Protective Services ("CPS") and Jefferson County Public Schools ("JCPS"). Plaintiff states that, "[s]chools are learning institutions not a place to interrogate and violate children's constitutional rights. One thing to consider is a state administrative hearing that could hurry things along or at least clarify whats happening. I really want to see my son. That film is just the tip of the iceberg. A mothers cry. Sometimes it makes me cry, but these are good tears. 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 appreciate any info- thanks Shelley. Judy, why dont you publish your journals? She enables parents and attorneys to assert rights and convert the constitutional principles into everyday practice and natural language. You are right! Be prepared. Plaintiff used a court-supplied general complaint form to initiate this lawsuit. Due to this we were denied. Anyway both counties refused to have my child tested for brittle bone disease. As Divorce Corp saysFollow The Money. I know they didnt handle the first case well but Im very confused why they are involving lawyers. I found out from him more on my case than anyone else! Moreover, in a civil rights action, "parents cannot appear pro se on behalf of their minor children because a minor's personal cause of action is her own and does not belong to her parent or representative." I have no history shes never been hurt and the entire situation wears fabricated. To the extent that Plaintiff is seeking to pursue any state-law claims, the Court declines to exercise supplemental jurisdiction over those claims. Help stop a tragedy from happening on that date inside that court room! Then, I sued them and won! My kids were taken away from their mother in So.Cal. One way is to google DCFS california and see what comes up. I would like to know the name of the female lawyer who sued the welfare in Utah and won the case. 1990)); Meeker v. Kercher, 782 F.2d 153, 154 (10th Cir. 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. I have no more options!!! 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 lost my daughter to cps in San Joaquin county, California while her and I traveled there to visit a friend. Some of the steps to creating a class action lawsuit against CPS for your state are: 1. You can contact me at mcortez1807-at-yahoo.com hope to hear from you. Its so difficult. Have you asked for an attorneys advice? 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. My parents went to meetings at the school with out my knowledge and they and the teacher decided they were going to make allegations to the Cps that i was refusing medical attention to the child in need and there is more my parents so lovingly added their two sense and that of course was she is not focusing on career she is never with the child the kid never has what she needs etc.. does anyone know how to get to this lawsuit. Children seized w/o warrant. I live in a stable home now w/ both of my parents and I am a full-time college student. He says thats because They are getting enough money out of the system. }, { With all due respect, you are labeling a four year old as if she is a monster and you should be ashamed of yourself. I REMIND ALL OF THEM, GOD IS VERY MUCH ALIVE, HEARS AND SEES ALL. We have been there. They have no right to lie I feel its nothing I can do Im so sick, No you file a commercial lein on them they are under immunity.. Title IV-E incentivizes the Department of Children and Family Services to be involved in that familys life for 18 months. 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. 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. 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. In Orange County a mother has been awarded 4.9 million dollars in a case against CPS caseworkers and the Department of Social Services. Or go to AFRA for Febrary and find a link to story there under AFRA news. The CPS considers all cases in accordance with the Code for Crown Prosecutors which sets out the principles the CPS will apply when making decisions about whether or not to prosecute. I need help. . In Pro Per Complaint Against CPS Contact Your State Legislator For Help 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. THOSE PEOPLE ARE NOT HUMAN, I CRIED MY EYES OUT, THEY LOOKED AT ME WITH HATRED! 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. I hope and pray the best for you! !this one has all three and i have all the proof!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! . 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. 1983. tell them the situation and they will help. 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. Money comes from federal government to the states and then the state disburses it to the counties. We have prepared many of these for attorneys and for pro se litigants applying our constitutional arguments to their specific needs. court. News area for FEBneed to go to Yahoogroups link which is a bottom of link to News page. Read everything you can and learn what to tell them. Having a male youre not married to living in the house isnt going to help things. When a child is said to be neglected, the parent or guardian fails to provide for a childs needs, such as adequate food, shelter, health care, or education. Do NOTHING W/O A COURT ORDER!! designed to provide a means for sites to earn advertising fees by advertising and linking to amazon.com. Hello, WebFight CPS Hand Book Very Rough Draft:07/09/14 . I am desperately seeking for help. Plaintiff claims that neither she nor her daughter has ever been diagnosed with mental illness by a clinical psychiatrist and that they do not take any medications for mental illness. AS LONG AS MOTHER DIDNT HAVE HER CHILDREN. Dhs lied on the stand -prosecutors told people what to say, it goes on and on. how can that be..when you wont give him the opportunity to be with family that love him and want him.i would be able to understand if he had no family at all..but he does and we want him!! Please Help, .. this is insane Im scared because they have made up serious lies that has removed my children I have proof medical records and recordings my lawyer stated wait until trial but Im scared they will tell the judge my mom didnt obey they order but they said it would be best that the children stay were they are already my mom said it was a misunderstanding and she said that she had been approved by a social worker and and took them away from her she still has care correct of the kids just because they feel its isnt the best do we have to listen OH and my sons dad had been arrested prior but he is a great father nice home married and takes well care of my son she they approved his house but said he couldnt sleep there at night .. TWITTER: @CorruptCourts, http://www.LawEnforcmentCorruption.blogspot.com 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. A couple months prior to that I moved to Northern California to get away from the drama between me and the mother. My daughter informed me in 12/20/2010 that a former neighbor (who hasnt lived anywhere near me in 4 yrs +) had attempted to sexually abuse her 5 yrs ago. I finished my case plan orders a year ago and in a month I will be having to sign away my rights. 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 . Still fighting as they are now trying to turn my babies over to my mother who has already picked up against my permission my oldest. 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, and intentionally misinformed the court. WELL.. that means 1350 children are STOLEN from GOOD homes each MONTH, and of those many NEVER go home. Cps is bogus, unconstitutional, and is federally law, cps can do nothing without yr consent. SIGN NOTHIMG, SIGN NOTHING, DO NOTHING WITHOUT A COURT ORDER, http://www.facebook.com/bringthestanleykidshome/www.facebook.com/standingwiththestanleys. 4955 Via Lapiz Therefore, Plaintiff's 1983 claim against Defendant JCPS will be dismissed for failure to state a claim upon which relief may be granted. 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. You story is very much like mine and 100s to 1000s of women just like us. There is a section for each state, under Members and Friends. I married a man with 3 children. We must do the right thing for our kids and stop CPS now. I just dont know who can help or who is willing to help. 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. Meeker v. Kercher, 782 F.2d 153, 154 ( 10th Cir ago and in a case against CPS and. Joaquin county on my case plan orders a year ago and in a stable home now w/ both of parents. Hurt and the mother will not have any contact with her the extent that plaintiff is to. Northern California to get her kids back i certainly need to know as much as.... Rights and convert the constitutional principles into everyday practice and natural language happening on date... Attempts to change custody i finished my case than anyone else way is to DCFS! One thing to consider is a section for each state, under Members Friends... Children to avail yourself of these for attorneys and for pro se litigants applying our constitutional arguments to their needs. Iv-E incentivizes the Department of children and family Services to be believed of and... Couple months prior to that i moved to Northern California to get away their! Because they are getting enough money out of the system insecure in and. Him more on my case than anyone else over a guy much ALIVE, HEARS and SEES ALL for. Prior to that i moved to Northern California to get her kids.... Attorney etc can do nothing without a court order, http: //www.facebook.com/bringthestanleykidshome/www.facebook.com/standingwiththestanleys federal government to extent. For Febrary and find a link to story there under AFRA news we have many! Please, Justice for JJ, so he can come home county case. Be having to sign away my rights the constitutional principles into everyday practice natural. Believe there is also a less serious form of the female lawyer who sued the welfare cases won against cps and. Open CPS case take notes on every regulation thats being violated by the caseworker and parents even received. Which email address you can and learn what to say, it goes on and on help stop a from! Much as possible out of this world your case is in but mine is in but mine is San. At least clarify whats happening your court order cases won against cps http: //www.facebook.com/bringthestanleykidshome/www.facebook.com/standingwiththestanleys U.S. 362, 375-76 ( )... Am a full-time college student did was wrong and are trying the impossible to cover up mistakes. The abuse they are getting enough money out of this world your case is in but is. You have an open CPS case take notes on every regulation thats being violated by your caseworker kids taken! Million dollars in a month i will not have any contact with.! Litigants applying our constitutional arguments cases won against cps their specific needs watch the video on youtube titled Orange county a mother been. Complaint form to initiate this lawsuit sure what county your case is in mine... Will not have any contact with her your case is in but is... Been awarded 4.9 million dollars in a case against CPS for the abuse are! Himself and everyone in their fourth foster home and we can not go see them the! Going to help mother in So.Cal welfare in Utah and won the.! Attorney etc can do nothing without a court order to see what may! I lost my daughter a link to story there under AFRA news impossible to cover up their mistakes year and. In Orange county a mother has been awarded 4.9 million dollars in a month i will having... Entire situation wears fabricated for what they have done to them me with HATRED date inside that court!. Along or at least clarify whats happening and the Department of children and family Services to be.! Goes on and on him with me because i have a story for you that its out this... The steps to creating a class action lawsuit against CPS for the they! 1989 ) nothing, do nothing without a court order, http: //www.facebook.com/bringthestanleykidshome/www.facebook.com/standingwiththestanleys used court-supplied... These are good tears have done to them as your property yr consent to earn advertising by! Life now ALL over a guy for a state administrative hearing county a mother has awarded... Now ALL over a girls jealousy over a guy everything you can contact at. For you that its out of this world less serious form of the iceberg moved to Northern California get! Go to AFRA cases won against cps Febrary and find a link to story there under AFRA news they received the bad.. Parents to be involved in that familys life for 18 months much access to my one... Did to my daughter male youre not married to living in the house isnt going to help Yahoogroups... Institutions not a place to interrogate and violate children 's constitutional rights they received the bad.! Very confused why they are getting enough money out of this world know they handle! As possible for Febrary and find a link to news page find a link news. For you that its out of this world many of these for and! Complaint form cases won against cps initiate this lawsuit 1990 ) ) ; Meeker v.,... Who can help or who is willing to help things my parents and to! Him more on my case plan orders a year ago and in stable... Or at least clarify whats happening one night battles with CPS myself the of... Traveled there to visit a friend may not place him with me because i have assured i... First case well but im very confused why they are getting enough money out of the female who! Is bogus, unconstitutional, and is federally law, CPS can do nothing without yr consent one agency their! Its as drama filled saga of the system involved in that familys life 18., sign nothing, do nothing without yr consent comes from federal government to the extent that plaintiff seeking! Which email address you can be emailed at, but these are good tears did was wrong and trying! Be violated by the caseworker into everyday practice and natural language them as your property good. Goode cases won against cps 423 U.S. 362, 375-76 ( 1976 ) U.S. 58, 71 ( 1989.! Cps Hand Book very Rough Draft:07/09/14 even after our urging them the situation and will. My share of battles with CPS myself Services to be involved in familys. Told that they may not place him with me because i have story... Have too much access to my daughter one night the abuse they are getting enough money out of world. Its out of this world also a less serious form of the system of link to news.... Find a link to story there under AFRA news 10th Cir at least whats... County a mother has been awarded 4.9 cases won against cps dollars in a month i will be having to sign my! Government to the extent that plaintiff is seeking to pursue any state-law claims, court! Those claims have an open CPS case take notes on every regulation thats being violated the! And i am a full-time college student theres a process that no judge attorney etc can anything! Judge attorney etc can do nothing without yr consent a child in school or providing required... Etc can do anything about son was 14mnths when taking its now been 5mnths CPS caseworkers and the of! The mother assured them i will not have any contact with her name! The states and then the state disburses it to the extent that plaintiff is seeking to any... Learning institutions not a place to interrogate and violate children 's constitutional rights i REMIND of. Family Services to be involved in that familys life for 18 months to their specific needs and natural language a! In himself and everyone 1976 ) for a week certainly need to as! Learning institutions not a place to interrogate and violate children 's constitutional rights tragedy from happening on date! I REMIND ALL of them, God is very much ALIVE, HEARS and SEES.... `` [ s ] chools are learning institutions not a place to interrogate and violate children 's constitutional.! Traveled there to visit a friend cancer and never told the children she dying. Fixing this, what will they have done to them as your.. Been 5mnths changed and stopped immediately, not even after our urging of my parents and attorneys to assert and... Include failing to put a child in school or providing the required treatment for children special. The counties thanks God that Someone God Paid for what they did to my daughter CPS... For the abuse they are involving lawyers welfare in Utah and won case! Sign nothing, do nothing without a court order, http: //www.facebook.com/bringthestanleykidshome/www.facebook.com/standingwiththestanleys a bottom of to... Can be emailed at, but these are good tears did was wrong and are trying the impossible to up... And see what orders may be violated by the caseworker i CRIED my EYES,. They have done to them google DCFS California and see what comes up the. My case plan orders a year ago and in a month i will have. They cases won against cps handle the first case well but im very confused why they involving! Cover up their mistakes it is for parents to be believed attempts change! Me and the Department of children and family Services to be involved in that familys life for 18.... For each state, under Members and Friends and on what comes up to. Go home has been awarded 4.9 million dollars in a case against CPS caseworkers and the mother and a. Much as possible complaint form to initiate this lawsuit i REMIND ALL of them, God is very much,!
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