attorney who will sue dcf in federal court

Carolyn Mae Gramlich

I agree with my colleague, because of the egregious abuses of children in Florida and other states, in an abundance of caution, the legislature and the courts allow for incredible flexibility under the law in dependency cases. I once had a dependency client who allegedly left a gun out in the open where it was accessible to his children.

Heather Morcroft

DCF is basically immune from suit in the exercise of their child protection duties. They can be sued for children who are injured while in their care, but not for violating your right by removing your children.

What to do when DCF comes into your home?

When DCF comes into your home, you are under no obligation to speak to them. Immediately call Attorney Seaver. Do not sign any documentation until Attorney Seaver has reviewed such documentation. You have Constitutional rights.

How to contact Attorney Seaver?

If you have any questions, please make one call, only call, call Attorney Seaver at (617) 263-2633.

What is DCF parent pamphlet?

DCF will come out with what’s called a “Parent Pamphlet” and in that pamphlet, they will advise you that it is your constitutional right to have an attorney present at any time and you should exercise that. If DCF is telling you that you need an attorney, listen carefully to them.

What happens if you don't know your rights?

If you don’t know what your legal rights are, you have-no-legal-rights. That includes your children, they may be small but they are not stupid. You need to protect them.

How long will the DCF case be in court?

Both parties will be back in court in 60 days.

Who is the other plaintiff in the Lowell case?

The other plaintiff in the case is Seth Healey — also a pseudonym to protect his privacy — who is in a romantic relationship with Lowell, but is not the father of the children involved in the case.

How long was Lowell separated from her children?

Lowell was separated from two of her children until June 2019, when the Vermont Family Court ordered they be returned to her after being apart for 305 days.

What did Gadwah do in the Lowell case?

While the lawsuit alleges that in the case of Lowell, Gadwah violated confidentiality agreements and fabricated evidence to take the plaintiff’s children, court documents also allude to this being a widespread practice in DCF.

What did Donovan indicate in his court filings?

Donovan “indicated concern but in later meetings indicated that nothing can be done,” lawyers wrote in court filings.

Why did the Department of Children and Families separate Miriam Lowell from her children?

The lawsuit, filed Monday, alleges the Department for Children and Families forcefully separated one of the plaintiffs, identified by the alias Miriam Lowell for privacy, from her three children based on false information and without conducting a thorough investigation into claims of substance use and child abuse.

Is the story of the plaintiff snorting a pill false?

Lowell’s lawyers say the story of the plaintiff snorting a pill is false and that Gadwah along with DCF has changed the story over time, later claiming the plaintiffs forced the daughter to drink alcohol and smo ke marijuana before again changing the allegation.

Who is the president of DCF Watch?

Thomas M. Dutkiewicz, president of Connecticut DCF Watch did a lot of legal research a few years ago to find case citations that will help CPS victims sue the Department of Social Services and their CPS social workers and caseworkers. Read his handbook to prepare for your case, and to discover further aspects of the injustice done to you: Child Protective Services and the Juvenile Justice System: A guide to protect the constitutional rights of both parents and children as ruled by the Federal Circuit Courts and Supreme Court.

How to find out if a case is filed against Social Services?

Here’s a way to do that: Go to the federal courthouse to look for cases using their computer database system. Find cases filed against the Department of Social Services in your state. Next, ask to look at those cases; they should be a matter of public record. Find the names of the attorneys who filed the cases, and contact those lawyers, asking for a free consultation. Don’t stop with just one – find as many names as you can and do interviews. Getting the best and most motivated attorney at the best price is your goal.

What law do CPS victims file?

Many CPS victims choose to file a federal lawsuit, to sue for violation of 42 U.S.C. § 1983:

How to find the nearest federal court?

Locate your nearest federal courthouse using the Federal District Court Online Locator Service. Wherever that nearest court is, be prepared to go there during the course of your federal lawsuit. The District Court is the trial court level of the federal court system. If your case is appealed, bear in mind you’ll be involved with the Federal Appellate Courts. Learn about the different federal courts here: Federal Courts.

Can a CPS victim file a civil lawsuit?

Most of us, however, would have a difficult time managing a civil lawsuit. Filing a lawsuit is a complex task, and it helps to have an attorney evaluate your chances of winning the case before you get started. Many CPS victims choose to file a federal lawsuit, to sue for violation of 42 U.S.C. § 1983:

How to sue child protective services?

Before you sue child protective services, build your case by creating a chronological outline that logs all of your encounters with CPS workers. Because civil rights lawsuits are notoriously complicated, hire a civil rights attorney to help you identify which of your constitutional rights were violated, then calculate the damages. To initiate your lawsuit, file a complaint in the federal district court that has jurisdiction over the CPS agency. Then, have CPS served with the complaint and evaluate their response with your attorney. From here, you'll need to attend a summary judgment hearing to see if the judge denies CPS qualified immunity, so you can take them to trial. If you're able to go to trial, prepare for your deposition with your lawyer beforehand to improve your chances of reaching a settlement. For more tips from our Legal co-author, including how to depose the social workers involved, read on.

Where to file a complaint against CPS?

Your attorney will file your complaint in the federal district court that has jurisdiction over the county where the CPS agency is located. You may have to pay the $400 filing fee, or your attorney may pay it and add the amount to the costs of your lawsuit.

What happens when a complaint is served on the attorneys of record for CPS?

When CPS is served with your complaint, the agency has a limited period of time to file an answer with the court. A copy of that written answer will be delivered to your attorney.

What happens if a judge denies CPS immunity?

If the judge denies CPS qualified immunity, you still may not be able to move forward to the next stage of litigation. CPS has the right to appeal that decision and argue to an appellate court that the agency is entitled to qualified immunity.

What to do if you have been charged with child abuse?

If you have been brought up on criminal charges of child abuse or neglect, you may already have a criminal defense lawyer. Ask them for a referral to a civil rights attorney who can help you sue CPS.

When CPS argues it is entitled to qualified immunity, the judge must hold a hearing to decide this question before

When CPS argues it is entitled to qualified immunity, the judge must hold a hearing to decide this question before you can move forward with the lawsuit. Until this matter is decided, you won't be able to do any further work or information gathering on your lawsuit.

Can you sue CPS for emotional distress?

CPS investigations can be traumatic and stressful for both parents and children. However, emotional distress alone does not give you the right to sue CPS.

What is Dupuy v. McDonald?

In 1997, a class of parents and child-serving professionals filed a lawsuit against the Department of Children and Family Services, seeking extensive reform of DCFS investigations, based on violations of due process. Over 150,000 Illinois families and professionals are members of the certified class. The case has resulted in sweeping changes in the investigations of child-service professions, Dupuy v. McDonald, 141 F. Supp.2d 1090 (N.D. Ill. 2001), implementing injunction of July 2003 affirmed in part and reversed in part sub nom Dupuy v. Samuels, 397 F.3d 493 (7th Cir. 2005). This aspect of the litigation was finally settled on March 9, 2007, with the terms of the settlement subject to a two-year monitoring period. At the same time, in a separate second phase of the Dupuy litigation, terrifying practices involving a basic question of family liberty and state authority to intervene in family life have not yet been remedied. The issues in the case involve a basis of due process and the rule of law. This gave rise to a petition for certiorari in the United States Supreme Court which was supported by 21 groups including the Illinois State Bar Association. Unfortunately, on June 16, 2008, the Court denied the petition despite significant media speculation that the Court might well accept it (including from Linda Greenhouse, New York Times, June 17, 2008, who referred to it as a “closely watched” case).

How many Illinois parents have moved out of their homes?

Since 1995, State child protection authorities have compelled an estimated 10,000 Illinois parents to move out of their homes or have their children leave their homes at the outset of investigations on the basis of an uninvestigated Hotline call reporting “mere suspicion” only. The State forces this action upon families by threatening to take children into foster care if parents do not leave their homes or relocate the children to a relative’s home. If they do comply (as all reasonable parents do), the State labels their decision a “voluntary choice” and denies the parents any opportunity to challenge the basis for imposing this “choice” upon them. Similar policies and practices are in place in other states, as the ISBA’s counsel Jenner and Block has learned. In fact, the Third Circuit Court of Appeals outlawed similar practices in Croft v. Westmoreland County Serv., 462 F.3d 859 (7th Cir. 2006), creating a split between Third and Seventh Circuits on exactly the issues the Dupuy case presents. This split, however, apparently was not sufficient grounds for the Supreme Court to accept review in Dupuy, leaving intact in Illinois the same policies and practices that the Third Circuit outlawed.

How long was Dupuy II trial?

While Dupuy II has a huge trial record (based on a 22 day trial in 2002), the essential facts can be easily summarized. One example from the record demonstrates the basic fact pattern.

Which circuit held that DCFS safety plans are voluntary?

The Seventh Circuit (Posner, J.) disagreed with the trial court’s conclusion that the circumstances under which DCFS requires safety plans make them involuntary. It held that the plaintiffs had no constitutional grounds for complaint, because voluntary agreements do not deprive families of any protected liberty interest in familial association. While it did not dispute any of the trial court’s findings of fact or declare them to be clearly erroneous, it reached a legal conclusion that safety plans are voluntary agreements and concluded that the plaintiffs therefore had no grounds for relief. 465 F. 3d at 760-63.

What is the purpose of the Family Defense Center denial of certiori?

With the denial of certiori, the Family Defense Center plans to make legislative efforts to curtail some of the abuses challenged in the lawsuit a priority for its work in the next few years. Major law firms are assisting the FDC in developing a legislative policy agenda, and ISBA support for FDC’s proposals is likely to be requested in the near future.

What factors affect the voluntariness of a safety plan?

In addition, many other factors, such as the parent’s intelligence, education level, access to and availability of information and counsel, and relative bargaining power, render suspect the voluntariness of any safety plan agreement with a State investigator.

What is the purpose of certioriari?

The petition for certioriari to the Supreme Court asked it to determine that families have the right to remain together, free of coercive threats and directives, unless the State has objectively reasonable evidence of abuse or neglect and provides the parents with the right to a meaningful hearing to challenge the State’s basis for separating families. This position encompasses several corollaries: