Legal Question in Disability Law in California

CPS discrimination

My girlfriend is disabled with epilepsy. We had our child taken away by CPS on the grounds of inadequate care on the part of the mom and for domestic violence regarding myself. These things were not proved and lacked foundation and the case would have been dropped if not for the mothers epilepsy. They are now hammering the mom about her medication saying it makes her ''emotionally unavailible'' to our daughter. She has tried a host of other medications in the past and none of them effectively controlled her seizures. The one she's on not only controls the seizures, but has the least amount of side effects as well. They humiliated her by suggesting that she wouldn't pass a developmental test and made her out to be slow witted. If she goes off her medication, she will start having seizures as I have seen it before. That would certianly make CPS's day since they will have access to her medical records that they made sure to include in the reunification service plan. We wanted to fight against jurisdiction in the beginning, but one the attorneys said that we could lose our parental rights if the judge saw fit. We think we have enough for a discrimination suit here. Could we win and how much could we win?

Asked on 11/05/08, 7:16 am

1 Answer from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: CPS discrimination

Please contact the Epilepsy Foundation legal referral service, with which I participate (but you are too far away).

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Answered on 11/05/08, 8:11 am

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