Legal Question in Juvenile Dependency in California

Suing Social Services

May I begin the process of suing the County, Social Services for removing my children under false allegations while my case is still going on through my public defender or when is the best time?

Asked on 11/19/07, 4:00 am

3 Answers from Attorneys

Daniel Rooney D. G. Rooney, Attorney At Law

Re: Suing Social Services


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Answered on 11/26/07, 8:06 pm

Re: Suing Social Services

The answer is, that depends. You did not say when the removal took place, but for your state claims (battery, false imprisonment, intentional infliction of emotional distress, etc). you must file a Goverment Tort claim within 6 months of the removal.Even if you missed that you still have your Federal Court Constitutional claims with a 2 year statute of limitations. You did not indicate what stage your Juvenile Dependency case is. If you lose at the Jurisdiction trial (which is always a good possibility for anyone represented by a public defender), you might as well sue now. I have extensive experience in Federal Civil Rights cases as I worked for Bob Powell in San Jose for three years. I dont know if you searched the net re: CPS but Mr. Powell is known as the "CPS slayer". His lic. plate even reads I SUE CPS. You didn't mention where you are located, but I, like Bob Powell will travel to fight these CPS monsters and their state sanctioned child stealing ring. Its all a money game for them with no regard for your children. If I can do anything for you, e-mail me @ [email protected] or you can get my phone number from the Bar Associations website.

Good luck,

John Ryan

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Answered on 11/21/07, 12:20 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Suing Social Services

You need to file a claim within six months of the initial removal. The law limits the reasons you can sue counties/social workers, consult an atty experienced in this type of case. Typically you would need more than an allegation that a s/w lied (you would need to litigate that issue in dependency court).

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Answered on 11/19/07, 10:01 am

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