what type of lawyer do i need to sue dcf

Can I sue DCF?

Jul 08, 2013 · DCFS has a large but not unlimited scope of immunity from being sued. If you really can prove that the worker intentionally lied - and that means something more than your disagreement with her conclusions - you should consult a personal injury attorney immediately. You time to file a claim is extremely short.

Do I need a lawyer for DCF?

Oct 27, 2017 · Kevin Seaver is by far the best Attorney to represent you & your children – he is very well-respected by DCF – DCF takes notice when Attorney Seaver is your Representation – they are very respectful and careful as they know Kevin knows law inside & out and will not hesitate to catch and use against them any missteps made

How can a Massachusetts DCF attorney help my case?

Aug 26, 2016 · Sue Connecticut DCF. Brian August 26, 2016. The ability to sue Connecticut DCF may be just a little easier now. Or at least the claim will be processed faster. DCF as a state agency is generally immune from liability and from lawsuits. Therefore, a person or family injured or damaged by DCF must request permission from the Claims Commissioner ...

Did someone make a claim against us from DCF?

Our Massachusetts DCF Lawyers Help Parents during Hard Times Serving a client in DCF Investigations for Neglect or Abuse. Attorney Nicole K. Levy provides Lynch & Owens clients with a unique range of services in connection with Massachusetts Department of Children and Families (DCF) investigations for child abuse or neglect. Attorney Levy is a leader in the field of …

How do I sue DCFS in California?

What CPS can and Cannot do in Arkansas?

Can you sue CPS in Texas?

Can DCF take my child away Florida?

Can I sue social services for distress?

Can social services take my child away without evidence?

How do I get a CPS case dismissed in Texas?

How do I file a complaint against a CPS caseworker in Texas?

What are civil rights violations?

Can DCF remove a child without a court order in Florida?

How long does a DCF case take to close Florida?

Who oversees DCF in Florida?

What to do when DCF comes into your home?

When DCF comes into your home, you are under no obligation to speak to them. Immediately call Attorney Seaver. Do not sign any documentation until Attorney Seaver has reviewed such documentation. You have Constitutional rights.

How to contact Attorney Seaver?

If you have any questions, please make one call, only call, call Attorney Seaver at (617) 263-2633.

What is DCF parent pamphlet?

DCF will come out with what’s called a “Parent Pamphlet” and in that pamphlet, they will advise you that it is your constitutional right to have an attorney present at any time and you should exercise that. If DCF is telling you that you need an attorney, listen carefully to them.

What is a DCF social worker?

Consulting Services During a Family Assessment – Should DCF enter a supported findings of neglect or abuse, or a finding of substantiated concern, a DCF social worker is typically assigned to a family to perform a family assessment. We advise clients undergoing a family assessment with a focus on mitigating and minimizing harm to the client’s interest and family. Services included the attorney’s presence in the home for DCF visits and interviews, as well as direct contact between the attorney and DCF social workers and supervisors to mitigate concerns and reduce client exposure.

What is DCF consulting?

Consulting Services During a DCF Investigation for Child Neglect or Abuse – The first days of a DCF investigation are often critically important. Lynch & Owens advises clients on interacting with DCF during this period, particularly the response worker, including home visits, interviews with children and family members, and risk mitigation. During an investigation, Attorney Levy will travel to the client’s home and be present during the DCF investigator/social worker interviews. In addition, the attorney will speak and correspond directly with DCF investigators and supervisors in writing and by phone, taking affirmative steps to address DCF’s concerns in a manner that reduces the likelihood of a supported finding of neglect or abuse and/or substantiated concern.

How does DCF work?

1. The Intake Call – DCF receives a call or written communication from an individual or from a mandated reporter that describes a possible incident of child neglect or abuse. Before proceeding to the next step, DCF intake personnel determine whether the alleged neglect or abuse involved a parent or caregiver, where other forms of abuse – such as child-on-child bullying – falls outside of DCF’s scope. Intake staff also determine whether the conduct described by the reporter, if true, would rise to the level of abuse or neglect, where questions are often raised about spanking and parental discipline vs. child abuse .

What happens when a parent is investigated by DCF?

When a parent or caregiver is investigated by DCF for neglect or abuse of a child, early intervention is often crucial. Following a DCF report of neglect or abuse made pursuant to G . L. c. § 51A there are often multiple opportunities early in the investigation process for the agency to “screen out” the allegations of neglect or abuse, or to enter an “unsupported” finding of neglect or abuse against the caregiver following an investigation. For cases in which an “unsupported” finding by DCF is not realistic, a skilled attorney can mitigate the exposure experienced by a client, thereby avoiding some of the severe consequences that can accompany DCF’s continued involvement with the client and his or her family.

Why engage DCF?

Engaging DCF to avoid DCF referrals to law enforcement for criminal charges of neglect or abuse. Engaging DCF for services the caregiver may participate in to limit the duration of DCF involvement with the family. Avoiding care and custody proceedings in which DCF seeks emergency custody of children.

How to appeal a DCF finding?

Following the entry of a supported finding of neglect, a caregiver may appeal DCF’s finding by requesting what is known as a Fair Hearing. An attorney’s representation of a client in a fair hearing is similar to representation in a formal court proceeding. However, succeeding in a fair often turns on the attorney’s knowledge of the complex web of administrative rules that DCF operates under Code of Massachusetts Regulations Title 110, as well as the state’s statutory scheme. (Although caregivers subject to a finding of substantiated concern do not have a clear right to an appeal through the fair hearing process, there may be mechanisms for obtaining a review of the finding through a separate grievance process.)

How long does a caregiver's attorney have to investigate?

If a investigation lasts substantially longer than 15 days, a caregiver’s attorney often engages in a careful and respectful dialogue with DCF, as the attorney seeks to guide the investigation towards a positive outcome while acknowledging the strained resources and difficult mission that DCF investigators face. (It is important to recognize that Massachusetts has the highest rates of neglect of abuse in the United States, and DCF resources are often stretched thin and chronically underfunded.)

Who is the best attorney in Massachusetts?

Attorney Kevin Seaver is the best Attorney in Massachusetts. He does an excellent job representing his clients! He and his staff always go the extra mile to ensure a favorable legal outcome for of his clients. I highly recommend his legal services to everyone! read less

Has Massachusetts DCF taken your child?

Has Massachusetts DCF taken your child or children?* Yes No

How to sue child protective services?

Before you sue child protective services, build your case by creating a chronological outline that logs all of your encounters with CPS workers. Because civil rights lawsuits are notoriously complicated, hire a civil rights attorney to help you identify which of your constitutional rights were violated, then calculate the damages. To initiate your lawsuit, file a complaint in the federal district court that has jurisdiction over the CPS agency. Then, have CPS served with the complaint and evaluate their response with your attorney. From here, you'll need to attend a summary judgment hearing to see if the judge denies CPS qualified immunity, so you can take them to trial. If you're able to go to trial, prepare for your deposition with your lawyer beforehand to improve your chances of reaching a settlement. For more tips from our Legal co-author, including how to depose the social workers involved, read on.

What to do if you have been charged with child abuse?

If you have been brought up on criminal charges of child abuse or neglect, you may already have a criminal defense lawyer. Ask them for a referral to a civil rights attorney who can help you sue CPS.

What happens when a complaint is served on the attorneys of record for CPS?

When CPS is served with your complaint, the agency has a limited period of time to file an answer with the court. A copy of that written answer will be delivered to your attorney.

What happens if a judge denies CPS immunity?

If the judge denies CPS qualified immunity, you still may not be able to move forward to the next stage of litigation. CPS has the right to appeal that decision and argue to an appellate court that the agency is entitled to qualified immunity.

Where to file a complaint against CPS?

Your attorney will file your complaint in the federal district court that has jurisdiction over the county where the CPS agency is located. You may have to pay the $400 filing fee, or your attorney may pay it and add the amount to the costs of your lawsuit.

When CPS argues it is entitled to qualified immunity, the judge must hold a hearing to decide this question before

When CPS argues it is entitled to qualified immunity, the judge must hold a hearing to decide this question before you can move forward with the lawsuit. Until this matter is decided, you won't be able to do any further work or information gathering on your lawsuit.

Can you sue CPS for emotional distress?

CPS investigations can be traumatic and stressful for both parents and children. However, emotional distress alone does not give you the right to sue CPS.

Who is the father's attorney?

Randy Rathbun, the father’s attorney, stated that the amount of money was “not nearly enough considering her suffering” and added that the DCF is very difficult to successfully sue.

Why was DCF created?

DCF was created to protect children, however, it seems rather than protect them, DCF has at times created more danger.

Did one child get raped in the DCF?

According to The Wichita Eagle, one child was reportedly “ rap ed inside a child welfare office”. The disturbing part of this system, however, is not only the horrors that happen to children that are involved with the DCF, but also the fact that a system and department so broken was ignored for years. DCF was created to protect children, however, it ...

Did Kansas DCF take necessary action to prevent the abuse of Jayla?

Days before the child’s passing, a neighbor heard her crying and then heard the mother strangle the baby, who then suffered from seizures. Kansas DCF did not take necessary action may have prevent the abuse the child suffered, despite reports of abuse leading up to Jayla ’s death.