Legal Question in Juvenile Dependency in California

juvenile dependency

In California, is there a time limit to bring civil rights litigation against CPS for an illegal seizure of a toddler from a private residence w/o a warrant, court order, exigent, emergency, nor any other conditions reasonably approximating probable cause? A complaint was not initiated to date as there was a WIC 300 petition filed and it has progressed over the prior 18 months to the 366.26 hearing stage in 2 months. Heretofore, the BM (single parent) was reluctant to commence an action while the dependency court case was still active fearing a punitive response by CPS.

Asked on 9/16/07, 11:23 pm

1 Answer from Attorneys

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

Re: juvenile dependency

Yes, seizing a child by CPS without a warrant or exigent circumstances (a real emergency) is a basis for a civil rights lawsuit under 42 USC 1983 (violation of your Fourth Amendment right to be free from unreasonable seizures). Punitive responses are also actionable. I do these types of lawsuits, and I have a track record of success. What's a BM? Never mind, don't tell me. The time limit is two years for the federal civil rights case, and you've already snoozed and lost any state law claims you might have had (6 months to a maximum of one year). Stop lollygagging and procrastinating. Time's a wasting.

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Answered on 9/17/07, 1:09 am

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