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.
If You Are Thinking About Suing DSS, Consult a Lawyer If something like that has happened to you, you may have a basis for bringing a lawsuit in state court. And if you believe your federal rights have been violated, you may be able to bring a civil rights claim in federal court.
Remember: CPS can dismiss your case at any time they feel the child is in no real danger or if all agreements, services and requested tasks have been completed. A judge can also dismiss a case if CPS fails to provide sufficient evidence of abuse or neglect.
The case could stay open until the child reaches the age of 21 if he / she is in a program of instruction—such as school, college, or training—or are in treatment.
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.
While Social Services are expected to perform their duties to the best of their abilities, there are times when they have failed in their duty of care. If you feel that you have suffered traumatic consequences because of their negligence, you may have a right to pursue a claim against Social Services for compensation.
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.
Although it depends on the particulars of the case, CPS usually has about 45 days to complete an investigation. If an investigation takes longer than this time, CPS has to notify the parents with reasons for its delay.
If you are the victim of a false report, you should contact your local police department or District Attorney's office (dependent on your jurisdiction) to discuss what options are available.
What is Neglect? ... Types of Child Neglect.Physical Neglect. ... Educational Neglect. ... Emotional Neglect. ... Medical Neglect. ... What You Can Do to Help.
Your partner cannot legally stop you from having access to your child unless continued access will be of detriment to your child's welfare. Until a court order is arranged, one parent may attempt to prevent a relationship with the other. If this happens, your main priority should be the welfare of your child.
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.