If you've decided to sue CPS for violating your constitutional rights, you need an experienced civil rights attorney to represent you. Civil rights attorneys typically offer a free initial consultation, so you can use this opportunity to speak to several attorneys. That can help you choose the best attorney for your case.
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If you want to sue Child Protective Services in federal court it is best that you hire an attorney. Of course, it can be done In Pro Per (on your own), so if you have confidence in your legal abilities and can’t afford or find legal help, then go for it! Most of us, however, would have a difficult time managing a civil lawsuit.
As a relative, grandparents have the legal right to be notified if CPS plans to remove a child. CPS has a duty to try to place the child with a relative of either parent. Often, it is the grandparents who are in the best position to provide a home and care for the child, and they are allowed to lobby for such placement, if they choose.
Tasheba, if you want to sue CPS in federal court, look for a civil rights lawyer. If you want to sue in your state’s court system, look for someone who has already sued the department of human services.
Parents have several constitutional rights when dealing with Child Protective Services. 1. Child Protective Services is not authorized to talk to a child without parental consent
The issue of whether or not visitation rights extend to grandparents is a matter for the family courts to decide. You may wish to consult with and/or obtain the services of an attorney who practices in the area of family law in your State.
Generally speaking, grandparents are granted some level of visitation so long as there are no concerns. Some examples of disqualifying concerns would include alcohol abuse, a history of violence, and other factors that would determine a person unfit to spend time with children.
You can, but you have an uphill battle against the state department of social services (DSS) in court. 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.
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 a parent deny a grandparent visitation? As there are no automatic rights for a grandparent to their grandchildren, parents can deny a grandparent visitation if there is no court order allowing for contact.
You do not have any legal rights to see your grandchildren.
You may be able to claim against social services if the local authority failed to manage your family appropriately, leaving you in a situation where you suffered abuse or neglect that could have been avoided.
You may file a complaint of discrimination by contacting DSS. Write DSS Office of Civil Rights, P.O. Box 1520, Columbia, S.C. 29202-1520; or call (800) 311-7220 or (803) 898-8080 or TTY: (800) 311-7219.
Both the United States Constitution and the South Carolina Constitution guarantee against unreasonable searches and seizures and unreasonable invasions of privacy. You have a right to legal representation at all stages of a DSS action, including the investigative stage.
Telephone: Call (800) 720-7777, Monday-Friday 8:00 am to 4:30 pm. Online Form: Send your questions or complaints online with our Case-Specific Question and Complaint Form. Printable Form: Fill out and send the DFPS Case Complaint FormPDF Document by email attachment, fax, or standard mail.
A civil rights violation is any offense that occurs as a result or threat of force against a victim by the offender on the basis of being a member of a protected category. For example, a victim who is assaulted due to their race or sexual orientation. Violations can include injuries or even death.
In many circumstances, the best way to beat the case is to go for a dismissal. In Texas, a Child Protective Service case may be dismissed should the judge deem there to be a lack of evidence to warrant such an investigation or indictment, or if CPS is satisfied that certain circumstances are met.