lawyer who can sue department of children and families

How are attorneys for both parents and children represented in court?

Currently, attorneys for both parents and children are provided through the Defender General’s Office, an arrangement that the report says leads to poor representation for parents.

Do I need a lawyer for child protection services?

This is by design - they do not want you to consult with a lawyer, because they view that as a barrier to obtaining information they need to do their job which is to protect children and vulnerable adults.

Do I need a lawyer for a DCF investigation?

You should also know that you have the right to consult with a lawyer and have the lawyer present before or during any DCF investigation, even if they say you don't. DCF investigations are quasi-criminal investigations, and information is shared freely with law enforcement.

What happens if a child accuses a caretaker or parent of abuse?

Nevertheless, a child accusing a caretaker or parent of abuse, whether the accusations are true or not, can result in serious consequences for the accused. The government can charge you and convict you of a crime you never committed solely on the basis of a child's allegation, without any other corroborating evidence.

Who oversees DCF in Mass?

Linda SpearsCommissionerLian HoganDeputy Commissioner, Field OperationsPaola FerrerChief of StaffRyan FitzgeraldChief of Operations and Organizational ImprovementCristina TedstoneActing General Counsel10 more rows

How do I file a lawsuit against a local government?

Notice Requirements. In most states, you cannot simply file a lawsuit in court against the government. Instead, you need to provide a "Notice of Claim" to the government. If you do not follow notice of claim guidelines, your lawsuit will be dismissed by the court.

How do I sue DCFS in California?

The Process of Suing Child Protective Services in CaliforniaFind a Civil Rights Litigation Attorney.Compile and Organize Your Evidence.Allow Your Civil Rights Attorney to File a Legal Complaint.

Who is in charge of CPS in California?

The California Department of Child SupportThe California Department of Child Support oversees California's Child Support Program.

Can you sue a government agency?

Federal government agencies cannot be sued in Small Claims Court, but you can file a Claim For Damages (other DOJ forms). If your claim is denied, contact an attorney for help with filing your case in the U.S. District Court.

Can I sue the government?

Can I Sue a State Government for Negligence? State governments were historically entitled to the same sovereign immunity as the federal government, but every state has passed its own version of a "Tort Claims Act." Individuals can typically sue state and local (city or county) governments if they follow special rules.

Can you sue CPS in California?

Unfortunately, unless your civil rights are violated, you likely won't have any legal claim against Child Protective Services. Typically cases don't come out of the agency's day-to-day processes or its representative's routine actions. So, you likely won't be able to sue for emotional distress.

Can you sue social services for emotional distress?

The answer is yes, you can take legal action against if this has happened to you or someone that you love. You could be able to make a claim irrespective of whether the abuse or negligence that you have suffered happened recently or a long time ago when you were a child.

Can you sue DPSS?

If you believe that they have discriminated against you or removed your child for no reason, you may be able to sue in federal court. If you believe they made a huge mistake or deliberately hurt you, you may be able to sue in state court. It would be hard to win such a complicated case on your own.

How do I file a grievance against CPS in California?

If the issue cannot be resolved at the local or county agency level, most states, including California, give the individual the option to contact the state's ombudsperson, an impartial and independent official appointed to oversee and review child welfare policies.

What CPS can and Cannot do?

CPS cannot enter your home without your permission. Although CPS can show up to your home without notice, they cannot enter without your consent. Unless CPS has a court order, or they believe your child is in immediate danger, they can't enter your home unless you say it's okay.

How do I get a CPS case dismissed in California?

If from the onset, the allegations in the complaint do not actually constitute abuse or neglect, then it may be dismissed, upon motion, on the grounds that the complaint fails to state a cause of action. This dismissal must be granted by the court. Conduct your own investigation.

Can you sue a local municipality?

Suing an individual or business is something we hear of all the time in the United States. Less common is the suing of a city, state, or other municipality. Can a person even do that? The short answer is yes — cities can be sued in personal injury lawsuits and other types of civil suits.

Can you sue a state for constitutional violations?

States are protected by the doctrine of sovereign immunity from having to pay damages in most cases. They may only be sued for injunctive relief to prohibit constitutional violations, not afterwards for any damages caused.

What things can you sue someone for?

Generally, you can sue a person for violating your legal rights if you suffered a loss. This includes: if someone breaks an agreement; if someone damages your personal property; if someone owes you money or; if someone causes you to suffer a physical injury.

What is sovereign immunity?

Definition. The sovereign immunity refers to the fact that the government cannot be sued without its consent.