We have prepared many of these for attorneys and for pro se litigants applying our constitutional arguments to their specific needs. I would like to do a follow up story, can someone help. I REMIND ALL OF THEM, GOD IS VERY MUCH ALIVE, HEARS AND SEES ALL. 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. Ive never heard about it before. Im now in a much better place in my life, im actively participating in all of my case plan requirements , even though my services were terminated over a yr ago. I have just appealed the derision to terminate and I am ready for the next set up for failing case plan and do my best to make it thou the way they want no complaints, smile agree and never take your own stand with opinion . As such, it has two basic requirements: (1) the deprivation of federal statutory or constitutional rights by (2) a person acting under color of state law. 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] In September after all these years of fighting I Iost my parental rights it didnt matter that i complied with everything including never missing visits and that I had proof of everything I no longer believe in the system. We know it is difficult for pro se parents to craft powerful motions, petitions, writs, or appeals. This site was built by the trauma I experienced because of CPS. and I trusted the system and I now have no child .. I show up, wait around all day only to go into a courtroom and they kept my kids!! So sorry I didnt see this earlier! CPS/DPSS CLASS ACTION LAWSUIT (RIVERSIDE, CA) FOR KIDNAPPING OUR CHILDREN WITHOUT CAUSE Idiot!!!! Accordingly, Plaintiff's claim against CPS will be dismissed for failure to state a claim upon which relief may be granted. 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. You want to get the most out of these motion arguments, so make sure you do step 1 and 2 as well. 1915(e)(2)(B). 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! McMillan says this is a problem across the board in all agencies of government due to not enough oversight. Research and get knowledge about everything you can. I still have some trauma in my life since one of my children has PAS and will not talk to me (nearly 18 years now) but thanks to Jesus I get through every day with joy in my heart and in mental peace. Im not sure which email address you can be emailed at, but I certainly need to know as much as possible. Make your practice more effective and efficient with Casetexts legal research suite. 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. Not one agency did their job to protect my child. 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. If you have an attorney or you are an attorney we have services that can greatly reduce your research time and improve your argument. The new school was worse. tell them the situation and they will help. 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. Who was the lawyer That sat by and did nothing? 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. I really want to see my son. How many tips is truth of child abuse receiving from CPS? }, { People still won't believe it until it happens to them.a }, { They won't ever admit to it. 01CC02379 (Trial before Hon. 1367(c)(3). My daughter was born healthy nothing less ..I was kept inside the hospital for 3 days after being fed high blood pressure medication and more being able to eat a meal however I was ready to go home me and my boyfriend tried leaving and they had a social worker approach me right after with a hospital hold and tale my sleeping well fed daughter from my arms making up lies saying she needs to receive treatment. Therefore, the only proper Plaintiff in this action is Peterson. . Now CPS wants to drug my child with behavioral drugs and put her in a foster home even further away from me. I am ready to file on my own and sue San Joaquin county! 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. We have on many occassions sat at the table in hearings to provide instant support under pressure. 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.. The Court will enter an Order consistent with this Memorandum Opinion. Learn how your comment data is processed. It took me 6 months of crying and begging for support from CPS and discovering the mental health was documenting false information and also had diagnosis that was never given to him from a dr and assessments that were not done. I never abused or neglected so pray for our reunification . 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. Entering or searching your house without Title IV-E of the Social Security act is incentivizing this behavior. Great advise I will check into an administrative hearing on Monday. Together they have disrupted over 40 million dollars over the last 20 years but these agencies are still doing the same stuff. Please help! Please help ???? i found him lifeless 8 attempts at CPR and he started breathing 10 more seconds and he would of been gone forever. Its an epidemic in family courts. Hand it over and have faith. 1990)); Meeker v. Kercher, 782 F.2d 153, 154 (10th Cir. I have assured them I will not have any contact with her. The social worker swears shes trying to close the case, however I am tired of hearing her lies, and have her humiliate me in front of school staff, etc all in the name of finding out what she already knows (that I had no idea or controll over what happened to my daughter) It makes me sickthe police are referring to us by our first names/last initial..for protection and privacyyet these people go around making a mockery of our pain!!! When he came home his six year old boy had gone missing. Ill do whatever I have to! please watch the video on youtube titled Orange County California CPS Corruption. I have been through this nightmare. I was told by one of the social workers that they gave her back because I was starting to make them nervous since I kept calling them out. But, obviously, no amount of money can ever undo the damage inflicted upon Ms. Fogarty-Hardwick or her children. Please contact me. McMillan has been suing Since CPS since 2005, and his associates Bob Powell since 2002, and Donnie Cox since 1995. 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? Case No. All of our books are available in electronic form in the membership site. And I hope someone can Investigate at the way DCFS in Los Angeles is really doing to Destroy Families. ?please let me know. Of course, they did nothing! My civil rights were violated in that I was accused (by Utah DCFS) of being mentally ill. McQueen v. Beecher Cmty. Not only did the city of Lodi pay but the County involved is on the hook , too. When people say that they keep getting dragged back in to court, they are not kidding. 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. Id. 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. All of these agencies are funded by federal funding schemes. Or go to AFRA for Febrary and find a link to story there under AFRA news. { HELP WITH CIVIL RIGHTS ATTORNEYS IN GEORGIA PLZ }, { You worked for them for 24 years, meaning you did horrific things to earn a living and you want to play victim? Section 1983 creates no substantive rights but merely provides remedies for deprivations of rights established elsewhere. Hosp. A year later now they have taken almost all of our visitations leaving us with only an hour a month. If 1% or 2% truth, why let many CPS employees do stupid harm to our kids and our family? Ive recently been informed that the adoptive family had issues with their sons and my children, and backed out of the adoption. Rest on the Lord for healing of that trauma. So, you likely won't be able to sue for emotional distress. It is the way I start my day off right, so I can be happy while Im doing my work. My son was 14mnths when taking its now been 5mnths. News area for FEBneed to go to Yahoogroups link which is a bottom of link to News page. I know both are quite elderly now. The state could not even give an exact amount when McMillan inquired, thats how bad it is. Try this one. San Diego, California 92122 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. Typically cases don't come out of the agency's day-to-day processes or its representative's routine actions. 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. Yet the cps worker said the children were fine living in a abandoned house with no food power or water I have the confidential report. We have documented the deep, imbedded corruption in the social services agencies in California. !This is not right!! I actually called CPS on them for what they did to my daughter one night! CFS said no dont do that, wait for the exemption. My son was 14mnths when taking its now been 5mnths. No abuse charges against mejust truency! Please help, and thanks for all your valuable information. Every case is different and I cant tell you whats best in your case. As you read this handbook, you will be amazed what your rights are and how CPS . As Divorce Corp saysFollow The Money. I got CPS involved (thinking I was going to be heard, and helped). Thank You. 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? Should Peterson wish to pursue claims on behalf of her child, she must obtain counsel. I have a 7 at the time of removal who is 9 now A sweet ,polite and energetic .. One of them even quit her job after the trial. I dont trust CPS workers with samples, really, as Ive heard of some cases where false positives were probably generated by the CPS workers themselves. 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!! 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. Justice was serve! 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. }, { With all due respect, you are labeling a four year old as if she is a monster and you should be ashamed of yourself. Now our grandkids are in their fourth foster home and we can not go see them because the parents made up lies against us. You can contact me at mcortez1807-at-yahoo.com hope to hear from you. Hearings to provide instant support under pressure doing my work is really doing to Destroy Families came home his year..., { People still wo n't believe it until it happens to them.a }, they! Petitions, writs, or appeals specific needs you can be emailed at, but I certainly need to as... In Los Angeles is really doing to Destroy Families are and how CPS fourth foster home even further away me. Our grandkids are in their fourth foster home and we can not see. 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