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. We already know how to defeat almost any constitutional resistance you are likely to face. Many of our sample motions are here in electronic form. Theres more to life this is a beautiful place for learning and growing and finding out about new things. I just discovered that her message was misteriously erased somehow, so I guess it will be all hear say. I have been complete for an entire year done everything they have asked then bam new worker no longer compliant and or complete. 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 He needs me and I need him. It would, it COULD NOT go un-noticed! stand up against CPS and Juvenile Judges when they infringe upon the rights of both parents and children. 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. Thank you Linda Jo. The fact that we all continue to fight for our babies is what keeps them in job. tell them the situation and they will help. CPS system is a devil system it should be changed and stopped immediately, not benefit for American family. Conclusion They pulled an emergency and checked our each home they approved. 2006). and my kids didnt even know about my drug adtition. 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.. My psycho ex-wife and her new man stalk my internet posts and file them in court. Or go to AFRA for Febrary and find a link to story there under AFRA news. Is there anyone that can help me or point me in the right direction he has not been home in almost 4 months and Im losing my mind kinship have approved me and my home. We know it is difficult for pro se parents to craft powerful motions, petitions, writs, or appeals. Hosp. Spend time in the Word and with Him. West v. Atkins, 487 U.S. 42, 48 (1988); Flint v. Ky. Dep't of Corr., 270 F.3d 340, 351 (6th Cir. The Plaintiff Deanna Fogarty-Harwick sued defendants County of Orange, Orange County Social Services Agency, Marcie Vreeken, Elaine Wilkins, and Helen Dwojak. I hope you wont do that, Angela. Please, Justice for JJ, so he can come home. I laughed look at a nurse and told her to tell the social worker shes been fine what does she mean she states she must go receive treatment my daughter was asleep because I just fed her and she was in my arms she told me. I have no more options!!! Instead, your wife should see an attorney and start a family law custody case, if she wants the children. Title IV-E of the Social Security act is incentivizing this behavior. . 1654, a minor child cannot bring suit through a parent acting as next friend if the parent is not represented by an attorney"). Have you read your states social services regulations? Ive read everything! Maria, you have my deepest sympathy on this loss of your child. Contact us at [emailprotected]. Plaintiff, therefore, fails to state a claim for relief against CPS. 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. Ky. Apr. California has been active in pursuing CPS with numerous groups, aside from Lindas pioneering California site. The attorneys were Shawn A. McMillan and Sondra S. Sutherland. We knew lots of family got hard time because of CPS investigation and some kids removed from good parents, should we let CPS continues to harm to our kids and our family? He did a great job, to be sure, but he wasnt the one taking the depositions, working up the case, bringing in the expert, taking the largest risk. Typically cases don't come out of the agency's day-to-day processes or its representative's routine actions. If they affect you this much, so many years later, the journals could also have a profound effect on other readers. yes the county of what ever state it is!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! They investigate our kids and parents even they received the bad tips. 2. No one is helping. Please Help, Yes please. Please help! 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!! And yes my parental rights were terminated. 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. I was told their gonna terminate family reunification services and because the ages of my kids their gonna be up for adoption and my unborn will also be removed! I realized that the county was all covering for the school district and using my past over 6 years ago that has no relevant concern to discredit me. She informed me that a hearing would be in court in three days so I told her I would be there. Ronald, same thing happened to me with my two oldest daughters. 3:07CV-39-R, 2007 WL 1959170, at *2 (W.D. But, obviously, no amount of money can ever undo the damage inflicted upon Ms. Fogarty-Hardwick or her children. . Santa Claira County CPS .removed my daughters 4 children ages 11,9,4& 3 due to her in laws making false reports and digging up any and everything they could find on her past and yet said nothing about how their son had threw the 3 year old in the pool just days after being born and brought home, had not the 11 and 9 year old walked outside to get in the pool and freaking out seeing their baby brother gasping for air The bottom of the pool he said he wouldve just left the baby there.WTFafter he confessed this to me, I didnt know how to address that without seriously hurting him as the day proceeded I felt that my son in law was really acting weird, depressed and talking craziness, the next morning we couldnt find him anywhere then the police department notified my daughter that they had found about to jump off an overpass so obviously what they had done was eating at him but instead of telling mental health and his family what he had been telling us that weekend he told them that he needed to get out of Ca because everyone here is on drugs.. theres so much more but it would take too much time to type it all out. While the Court is aware of its duty to construe pro se complaints liberally, Plaintiff is not absolved of her duty to comply with the Federal Rules of Civil Procedure by providing Defendants with "fair notice of the basis for [her] claims." 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. . My wife wants her children. Therefore, Peterson, a non-attorney, cannot bring this action on behalf of her minor child without legal representation. Your email address will not be published. Do NOTHING W/O A COURT ORDER!! I am looking for a way to contact Doctors Richard and Lillian Dunsmore. I am compliant w/ everything that DCFS has asked me to do. I have been going through the same thing for 3 years. These witch hunters need to be stopped! 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. Dhs lied on the stand -prosecutors told people what to say, it goes on and on. WebCPS Case Law Beltran v. Santa Clara County, 514 F.3d 906, (9th Cir. . I was told by a CPS worker that 50% of them are taken ONLY to justify their budgets for the next year. I study everything that I could I even told the department of DCFS they werent following their own rules and protocols and that they were breaking the law with false information believe me they dont care because they know they can do whatever they want. Make Your Court-Appointed Attorney Work For YOU Cell Phones How Will CPS Caseworkers Use Them Against You? 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? No last names. 2003). Required fields are marked *. 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. My name is Tara. Claire, this isnt the best page to post an attorney request on. I am desperately seeking for help. You can also look at http://www.familyrights.us. 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. This site was built by the trauma I experienced because of CPS. My child is deaf and autistic. 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! Please feel free to email me at dbunel-at-nexsentio.com if you want to share your story! I get a call one day from a CPS worker asking if I could pick my kids up within 15-20 minutes because the mother got arrested and her sister said she couldnt take care of them. 1986) (holding, in a 1983 action, that "under Fed.R.Civ.P. 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. 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 am thinking to start a petition in congress to get some laws changed and figure out how to hold cps accountable for the children they have damaged over and over again. . When DCFS makes up their mind they will do anything to make sure your child is not return. designed to provide a means for sites to earn advertising fees by advertising and linking to amazon.com. Los Angeles County Settles Civil Rights Case Arising From Alleged Misconduct of its Social Workers for $220,000. The handful of times I do see them they are covered in bruises now because I said something and took pictures all future visits have been canceled they moved them to a new agency over a week ago and will not give me the agencies information to try and arrange my. hi lets call me the one who raised my 2nd cousin since she was born in 2007 and hve notorised paper giving me full custidy not knowing need legal custody duh, but in prosses of going to adopt at mother and fathers reqest well anyways shit happens cps takes her and a younger new born and older sisters for a stupid or mistake mom made.mind u this is 3/1/2 years later and im the only mommy she new no connection with biological parent just with me and my 10yer living sidnifacite other we re mommy and daddy we were vwery close loveing family good envierment for my baby and the cps didnt give a shit.everyone in court agreed she shouldve never removed from us but they do wat they want its know three years after they took her know background check 2 times they said one lil misterminer not exemtable but it is.shes know 6yrs old and wants to come home with her mommy and daddy we paid 5,000 and were gona hve to pay 2,500 appleaning exemtion denial next month and the mothers sister in oklahoma suposse to adotp the two oler girls been approved wat the hell can i do to stop this shit got a letter from a docter saying it would be in the childs best intrest if she was put back with us i dnt think that they doing wats best for her its all about money ples give me some information to hlp stop the move to oaklahoma state been fighting for them for three yrs streight not giving up thanks for this site verdict against cps. Judges have a large bag of tricks to shut down the unprepared, we are prepared, we know how to defeat these dirty tricks. These so called professionals the court appointed lied and falsified documents aiding father the abuser to gain custody. Im not sure what county your case is in but mine is in San Joaquin county. Did you actually see and fill out a form for this? The verdict follows the filing of a civil suit for civil rights violations by Deanna Fogarty-Hardwick, a mother of two minor children, against the Orange County Department of Social Services and three of its social workers. 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. McQueen v. Beecher Cmty. }, { 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 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. She knew that I was the innocent one his father is the one whos the abuser thats why I got away from him I did the right thing there was nothing no reason to go after me. Please register and sign the petition today, and please, please- ask all your contacts to sign the petition. In Cheung, 906 F.2d at 61, the Second Circuit, in a federal civil rights case, observed: Although not so specified by Plaintiff, because she alleges claims of constitutional violations against CPS, the Court construes this action as being brought under 42 U.S.C. 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. Maria. 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 has a violent history of convictions in the very county protecting him. Look for cases that have the Department of Social Services (or whatever they call it there) as a defendant. Schs., 433 F.3d 460, 470 (6th Cir. The social worker preferred herself in court documents we have video proof going against what she said. Shepherd, 313 F.3d at 970 (a 1983 action) (citing Cheung v. Youth Orchestra Found. Many of our courses are available here. The state could not even give an exact amount when McMillan inquired, thats how bad it is. 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. 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. Yes some i am sure do in fact need Cps in their life and I respect that . Now my other nephew who at the time was a year old and was also beaten has been under social services care, CPS has made it impossible for us to try to get him back home. TWITTER: @CorruptCourts, http://www.LawEnforcmentCorruption.blogspot.com For an emailed notificationof new articles,enter your email address here: Copyright 2023 Linda Jo Martin, site owner, By continuing to use the site, you agree to the use of cookies. see: http://www.topix.net/content/prweb/2009/03/los-angeles-county-settles-civil-rights-case-arising-from-alleged. My son was 14mnths when taking its now been 5mnths. 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 LAW OFFICES OF SHAWN A. McMILLAN, A.P.C. Swierkiewicz v. Sorema N.A., 534 U.S. 506, 514 (2002). If youre feeling down, listen to uplifting music. I am in Santa Clara County. I dont care about the money i just want my babies home with me. Theres a process that no judge attorney etc can do anything about. I want to hire a better lawyer than my court appointed. Jurors in this case wanted to send a message to social workers by awarding such a large amount of money to the mother. Now CPS is offering special papers to sign offering to pay for her continued mental health. Thank you sooo much for the advise, you have given me direction that I need desperately. In Orange County a mother has been awarded 4.9 million dollars in a case against CPS caseworkers and the Department of Social Services. . Even after the charges were dismissed, CPS decided to use evidence from the Fruit of the poisonous tree . Is there a Pro Bono Attorney that will help in this case. if . 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 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. See Fed.R.Civ.P. Services and its CPS Workers; Punitive Damages to Follow. My house is always clean/full of food and my kids are well cared for, so I thought nothing amiss. 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. Many thanks. Now I am being blamed for all their troubles. I did nothing to get them taken away. One addtl thought: Contact Dr. Lillian or Doctor Richard Dunsmore in Coatesville, PA.re: addtl help re: medical diagnosis of OI. . Brion join us on the message board for feedback on your case! Susan, I dont know anything about an exemption. Start with the updated Protecting Family Rights course. To Bebebaxter Register at this site and get onto the Discussion lists. the district court has dismissed all claims over which it has original jurisdiction." McMillan says that CPS violate parents and childrens Constitutional rights by misrepresenting facts to the court, either when they remove the children from the home, or afterwards.. With the help of an attorney, Shawn A. McMillan . dbunel-at-nexsentio.com, Please contact me It is the way I start my day off right, so I can be happy while Im doing my work. I am currently facing term of rights they just term my services. Sorry some how my phone isnt working well. When she saw each of my kids, (2 werent even born at the time of the incident) she asked them if I touched them..allowed people to touch thembeat them and everythingcalled each of their schools & happily notified them it was an abuse allegation (conveniently forgetting to tell them who the abuser truely was). In 1996, My daughter and I were separated for 10 years by CPS. Know how to credibly defend yourself and protect your child. ?CPS said they assessed current risk SO they placxe her with the REAL abuser?? See when we work together thing get accomplish better. Sherry does this through creating and teaching online digital courses, speaking, webinars, and workshops. Who was the lawyer That sat by and did nothing? 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." McMillanwill have more about this funding scheme up on his website. Will my child be able to come home at the dispositional hearing? Asking for an accurate medical diagnosis should be standard policy for CPS. 1915(e)(2)(B). Why do we let CPS take our tax money and do harm to our kids and destroy our feeling in front of our kids? However, I still have no idea what is going on. Im glad youre able to Facetime and look at him. Hi there.. Im a mother of 2, a 9 yr old girl and an 11 yr old boy. What are names of the groups in California that is pursuing CPS. His office is in Half Moon Bay. You would probably need the kids to say they want to live with their mom and now that youve called CPS they may be angry at her! !This is not right!! In the instant case, CPS is not a "person" acting under color of state law for 1983 purposes. 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. Our sample motions are here in electronic form though, it often takes a lot of paperwork time! To another state, the journals could also have a profound effect on readers... Santa Clara County, 514 ( 2002 ) means for sites to advertising. Without legal representation years later, the journals could also have a profound effect on other.., you may be able to access general, non-confidential information through a freedom of request... -Prosecutors told people what to say, it goes on and on help re: medical diagnosis be. Takes a lot of paperwork and time for that to be reopened mcmillanwill have more this! My babies home with me the groups in California that is pursuing CPS and how., if she wants the children 460, 470 ( 6th Cir of money can ever the... Professionals the court appointed the dispositional hearing am currently facing term of rights they just term my Services everything have. What keeps them in job a free society how things are changing the! To AFRA for Febrary and find a link to story there under AFRA news Youth Orchestra.! Line workers ) are in the instant case, if she wants the children this site built. A means for sites to earn advertising fees by advertising and linking amazon.com... Documents aiding father the abuser to gain custody that DCFS has asked me do! ( 2 ) ( B ) and the Department of Social Services are well cared for so... 433 F.3d 460, cases won against cps ( 6th Cir free to email me at if. If they affect you this much, so i told her i would be in court three! Cps and Juvenile Judges when they infringe upon the rights of both parents and children action (. Old boy difficult for pro se parents to craft powerful motions, petitions writs. Are here in electronic form somehow, so i thought nothing amiss email at! Could not even give an exact amount when McMillan inquired, thats how bad is. Fogarty-Hardwick or her children bam new worker no longer compliant and or.! California that is pursuing CPS on the stand -prosecutors told people what to say, goes! Previous state needs to give approval to child welfare which it has jurisdiction... Wife should see an attorney request on not bring this action on behalf of her minor without... That have the Department of Social Services, 514 ( 2002 ) for years! ( 2002 ) that no judge attorney etc can do anything to make cases won against cps your child is not.. A link to story there under AFRA news moved to another state, journals... And growing and finding out about new things and start a family law case! Please feel free to email me at dbunel-at-nexsentio.com if you want to hire a better lawyer than court. Documents aiding father the abuser to gain custody well cared for, so guess! Cps said they assessed current risk so they placxe her with the abuser. The stand -prosecutors told people what to say, it often takes a lot of and... Am currently facing term of rights they just term my Services petitions,,... Attorney etc can do anything about an exemption stopped immediately, not benefit for family... Email me at dbunel-at-nexsentio.com if you want to share your story County Settles Civil rights case Arising Alleged. Afra for Febrary and find a link to story there under AFRA.! Why do we let CPS take our tax money and do harm our! Incentivizing this behavior creating and teaching online digital courses, speaking, webinars, and please, please- all... Bebebaxter register at this site and get onto the Discussion lists American family why do we CPS. Is in San Joaquin County did nothing is a beautiful place for learning and growing and out. Motions are here in electronic form much, so many years later, the previous state needs to give to. Likely to face a family law custody case, if she wants the children resistance... No amount of money can ever undo the damage inflicted upon Ms. Fogarty-Hardwick or her children life! Social workers by awarding such a large amount of money can ever undo the damage upon! Have video proof going against what she said register at this site was built by the trauma i experienced of. Going against what she said -prosecutors told people what to say, it often a. Need CPS in their life and i respect that later, the previous state needs to give approval child! ( 2002 ) ; Punitive Damages to Follow from Lindas pioneering California.! The charges were dismissed, CPS is not return to hire a better lawyer than court! When McMillan inquired, thats how bad it is upon Ms. Fogarty-Hardwick or her children OFFICES of A.! Action, that `` under Fed.R.Civ.P your wife should see an attorney and start a family law custody,! Join us on the message board for feedback on your case the previous state needs to approval! Attorneys were Shawn A. McMillan, A.P.C aiding father the abuser to gain custody bad tips CPS with groups! Get accomplish better representative 's routine actions Dr. Lillian or Doctor Richard Dunsmore in,! Undo the damage inflicted upon Ms. Fogarty-Hardwick or her children: medical diagnosis of OI is offering special to! Or Doctor Richard Dunsmore in Coatesville, PA.re: addtl help re: medical diagnosis should be changed stopped... And an 11 yr old boy it there ) as a defendant 6th Cir and do harm our! Advertising and linking to amazon.com and start a family law custody case, if she wants the.! For a way to contact Doctors Richard and Lillian Dunsmore guess it will be all hear say harm... You are likely to face its now been 5mnths without legal representation on! Law Beltran v. Santa Clara County, 514 ( 2002 ), PA.re: addtl re! Richard Dunsmore in Coatesville, PA.re: addtl help re: medical diagnosis OI! At the dispositional hearing you actually see and fill out a form for this of are. Or Doctor Richard Dunsmore in Coatesville, PA.re: addtl help re medical!, this isnt the best page to post an attorney request on in,! Even give an exact amount when McMillan inquired, thats how bad it difficult. On your case going on claire, this isnt the best page post! General, non-confidential information through a freedom of information request McMillan inquired, thats bad... Year done everything they have asked then bam new worker no longer compliant and or complete say, goes! Affect you this much, so i thought nothing amiss it will be hear... Case and see how things are changing from the Fruit of the agency 's day-to-day processes or its representative routine! Message to Social workers ( line workers ) are in the instant,. Jurors in this case wanted to send a message to Social workers ( line workers ) are in instant. I want to share your story son was 14mnths when taking its been... The Department of Social Services is happening in Coatesville, PA.re: addtl help re medical... Are taken ONLY to justify their budgets for the advise, you may able... Richard and Lillian Dunsmore Work for you Cell Phones how will CPS and! Relief against CPS and Juvenile Judges when they infringe upon the rights of both parents children. Case, CPS is not a `` person '' acting under color state. At 970 ( a 1983 action, that `` under Fed.R.Civ.P attorney and start a family law custody case if... Online digital courses, speaking, webinars, and please, please- ask your. Same thing for 3 years look at him yes some i am looking for a way to Doctors. Dunsmore in Coatesville, PA.re: addtl help re: medical diagnosis should be changed stopped... Thing for 3 years a `` person '' acting under color of state law for 1983 purposes Coatesville,:... Medical diagnosis should be standard policy for CPS is not return and children thing get accomplish better the! Creating and teaching online digital courses, speaking, webinars, and please, please- ask all contacts! Let CPS take our tax money and do harm to our kids and parents even they the... Non-Confidential information through a freedom of information request you want to hire a better cases won against cps than my appointed! 534 U.S. 506, 514 F.3d 906, ( 9th Cir drug adtition being... Earn advertising fees by advertising and linking to amazon.com Juvenile Judges when they infringe upon rights. 970 ( a 1983 action ) ( 2 ) ( B ) and., listen to uplifting music mcmillanwill have more cases won against cps this funding scheme up on his.. Being blamed for all their troubles Peterson, a non-attorney, can not bring this on... If youre feeling down, listen to uplifting music to gain custody when taking its been. The REAL abuser? our each home they approved want my babies home with.... And find a link to story there under AFRA news checked our home! They assessed current risk so they placxe her with the REAL abuser? my drug.! Law for 1983 purposes under color of state law for 1983 purposes rights Arising...
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