Legal Question in Juvenile Dependency in California

My child has been wrongfully and unlawfully removed from my physical custody without Constitutional DUE PROCESS or even the pretext of reasonable efforts having been offered. As mandated by: 42 U.S.C. 671 (A) (15) and 672 (A) (1) which removal meets the definition of KIDNAPPING according to 18 U.S.C. Sec 1203. Police detained my son, no social worker was present. There was no paperwork or contact information given or information on where he was being taken violating W.I.C. 308. False allegations, contradictions of information, false reporting, manipulation and omitting of facts, and creative writing that is misleading and malicious, have been submitted in the reports from CPS to the court. That is also a 4th and 14th Amendment Rights violation which is a civil Rights violation under 1983 and conspiracy against rights covered under 1985. I have documented proof of what I am saying. Despite Court Ordered visitation, CPS has only let me see my son 1 hour and 15 minutes since 01/02/2012. I am supposed to have one hour a week. The judge ordered the visits I missed at no fault of mine be made up by CPS and to date they have not. I have not been able to get ahold of my court appointed attorney. I have made numerous attempts to contact her with no response. My son was depressed, sad, and was begging to come home. I am being told that I am guilty of failure to protect because of domestic violence. I had moved out of the home and got a restraining order and had also reported all violations to the police and District Attorney's Office. I took all necessary steps to leave the situation and CPS lied to get a court order to remove my son from my physical custody.


Asked on 2/21/12, 3:41 pm

2 Answer from Attorneys

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

Welcome to CPS and to the next decade of your life. It's not clear whether you're looking for representation in juvenile court, or for a civil rights lawsuit, or you just want to vent. Also not clear where you are. In any event you have probably searched and found out that everything that has happened to you is (depressingly) normal. I greatly sympathize. Watch out for legal time limits if a lawsuit is in your plans.

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Answered on 2/21/12, 4:20 pm


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