Yes there's a big difference between suing a private entity and suing the state, but should there be?
Cops Barge Into Calif. Parents Home, Take Their Baby After They Seek 2nd Medical Op.
- Thread starter n2sooners
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Yes there's a big difference between suing a private entity and suing the state, but should there be?
Look at how many lawsuits there have been regarding wrongful deaths of children, they've been going on for years and children kept dying and nothing changed. Look at the recent class action lawsuit, or the other class action years ago(Terry D.) to reform and fix DHS, it didn't fix things and the tens of millions the recent suit will cost us will not change things either. Nothing will change when officials are not held accountable and the public has to pay.
That's why it needs to be risky for anyone to come threaten force in someone else's home.
In my situation(experience) yes, the cps left them in danger , and the Sheriff's Officers duly noted it,
(Thats why it only cost me $10000) or she would have dragged it out for years.
Its really hard to prove a mother, unfit. The courts leave custody to mothers, its up to the fathers to change it.
In most cases.
I had a friend who's ex-wife called DHS and accused him and his girlfriend of abusing their child simply in an attempt to gain full custody of the child since she didn't approve of the new girlfriend he had chosen. They came to door with a sheriff and a social worker and basically would not leave until the child was given to dhs. When my friend asked the LEO if they had a warrant to come in his home or take his child he was told no, but they will get one in a matter of hours if you do not release the child to them. Cop pulled in front of driveway so that he could not leave the home with his child and there they sat for about an hour. Eventually he released the child to DHS whom took his son to DHS daycare for 3 entire days while doing unbelievable examinations on the child while DHS set up court date, obviously there were absolutely no signs of abuse.
Luckily the judge reemed the social workers ass for taking child into custody by force like that as they had no sufficient evidence other than an anonymous phone report. But had the judge wanted to pursuit charges the child would have been turned over to mother and he would have to face civil trial where instead of being innocent until proven guilty you are guilty and have to prove your own innocence! This could happen to ANYONE here on this website simply based on an anonymous phone call. And to make matters worse, unlike a criminal trial you do NOT have the right to face your accuser nor sue said accuser as they are protected under a special federal act which errs on the side of safety for children.
Luckily the judge reemed the social workers ass for taking child into custody by force like that as they had no sufficient evidence other than an anonymous phone report. But had the judge wanted to pursuit charges the child would have been turned over to mother and he would have to face civil trial where instead of being innocent until proven guilty you are guilty and have to prove your own innocence! This could happen to ANYONE here on this website simply based on an anonymous phone call. And to make matters worse, unlike a criminal trial you do NOT have the right to face your accuser nor sue said accuser as they are protected under a special federal act which errs on the side of safety for children.
Yes, it's called "The Tender Years Doctrine".
As for leaving children in danger consider this case...
No. FD-2000-4985
http://www.kfor.com/news/local/kfor-news-murder-suicide-update-story,0,6541471.story
Murder-suicide update
MARIKA LORRAINE REPORTING
6:46 PM CDT, June 4, 2009
OKLAHOMA CITY -- Neighbors heard a woman pleading for her life last Thursday, followed by gunshots. Seconds later a 10-year-old boy is found running down the street; yelling for help.
The murder was followed by a half-day standoff with police before the gunman's body was found in the woods. Police say Patrick Vaught took his own life and the life of his ex-girlfriend Shandy Roof.
She was seven months pregnant. But leading up to the death was years of disputes with DHS and a troubling history of postponed court hearings.
Shandy's father says, "I knew something tragic was going to happen to her."
Robert Roof says his daughter was into drugs and had problems including a filthy house.
Roof says, "The best way I can describe it inside is like a dumpster turned upside down."
It was the alleged drug use, living conditions, and other concerns that caused Shandy's ex-boyfriend, Patrick Vaught, to seek custody of their 10-year-old son Arion.
Patrick's attorney, James Reid, says the custody case over the boy started in 2006 and was set for trial five different times over the years. The trial kept getting pushed back. The latest time it was delayed was right before the murder and suicide.
Reid says, "If we had just gone to trail, I think the judge would have found circumstances warranting a custody modification and we wouldn't be sitting here talking to you today."
Shandy's father blames more than just the court system.
He says, "The failure of DHS, I feel, caused this whole situation."
Most of the time, Arion lived with Shandy. It was a situation both families tried to change.
Roof says, "They wouldn't listen. They would not listen at all." Now both families say the tragic ending was the result of the stress caused by the battle over what was best for the 10-year-old boy.
Reid says, "With this last continuance, nobody was going to listen to him and he just couldn't wait any longer."
What stands out about this tragedy is both sides of the family agree about what went wrong, yet couldn't seem to stop it. Shandy's father is now working with Patrick Vaught's attorney asking for new legislation to keep custody battles from dragging on for years like this one. They also want a shake up of the DHS system.
All four grandparents now share guardianship of the 10-year-old boy.
Yea ,Sad Indeed.
Not Your story , I hope
Not Your story , I hope
Yes it could, even though anonymous tips do not constitute probable cause they are often acted on without a warrant relying on coercion instead. Even though the child was returned nobody involved was held accountable were they?
No, not my story. Just another example of how children are really protected. Interesting note, the child had several GALs who withdrew from his case, why?
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