CPS Legal Question

[Reyna7]

I am curious, has anyone ever sued CPS for not doing their job and won? I know there have been cases where CPS did not remove a child and then something bad happened and there were lawsuits at that time, but what about suing before something bad happens. Can it be done or has it? I would love to be pointed in the correct direction to read up on this.

Thanks

 

[I AM ALWAYS LIABLE]

I am curious, has anyone ever sued CPS for not doing their job and won? I know there have been cases where CPS did not remove a child and then something bad happened and there were lawsuits at that time, but what about suing before something bad happens. Can it be done or has it? I would love to be pointed in the correct direction to read up on this.

Thanks

My response:

Why did you purposefully remove the State name question?

IAAL

 

[Reyna7]

State Name

I live in NY, but was curious about ANY state and ANY case. This was not about me, so did not think my state was important. Has any lawyer ever taken on CPS and won?

So many times we read about CPS and after the fact when a child is killed or seriously hurt. So I did a google search and came up with nothing, which made me wonder if it had ever been done and if so where and when.

Thanks

 

[casa]

I am curious, has anyone ever sued CPS for not doing their job and won? I know there have been cases where CPS did not remove a child and then something bad happened and there were lawsuits at that time, but what about suing before something bad happens. Can it be done or has it? I would love to be pointed in the correct direction to read up on this.

Thanks

CPS is regulated like many other government agencies. In some states you can contact the Office of the Ombudsmen to file a complaint and provide them with any documentation which helps prove abuse/neglect which you feel CPS may have disregarded. (Police reports, Dr.s reports, affidavits from teachers, neighbors, family etc.)

There are many cases against CPS- Perhaps you didn't check thoroughly in your online search.

 

[casa]

I am curious, has anyone ever sued CPS for not doing their job and won? I know there have been cases where CPS did not remove a child and then something bad happened and there were lawsuits at that time, but what about suing before something bad happens. Can it be done or has it? I would love to be pointed in the correct direction to read up on this.

Thanks

Also, there is a procedure to make complaints- You first need to complain to the supervisor of the caseworker handling the case. You don't just give up and consider starting a case if you haven't even contacted the caseworker's supervisor. Start there first.

 

[Reyna7]

Just Curious

One of my online groups brought this up, which made me start thinking about it. We read so much about "after the fact", when CPS has failed to do their job and some poor child has died because they were not removed by CPS. In these extreme cases, CPS was usually called out several times and some how the kid fell through the cracks of the system.

So I wondered if anyone had fought back and got CPS to do their job, or sued and won some huge settlement for "faliure to protect a child". As you can see I don't even know what it would be called.

I do know we have several attorney's on here and some others that seem to know the law and case histories pretty good, so just threw out the question to see if anyone knew of anything like this.