Legal Question in Civil Rights Law in California

CA Child Pertective Services

If a Child has been repeatedly Abuse by one Parnet & CPS Worker removed the Child and has placed The Child with The Other Paerent, Is the CPS's Report also sent to the DA's Office to decide if the DA wants to look into it or not, crime wise. Is this a CA Law or CPS Policy- Also- Is it Law that if any Policing Agency reported to a Childs Death' Age 10, even if the Death seemed to be Suicide and there were CA Court Records showing Past Child Abuse that all reports, Photos and all crime scene information and Invesigations would be sent to the DA's Office in the form of a full Report so the DA can decide on there own Investigation apart from the policing Angency?-Also Does the 3 year Statue of Limitations on Perjury start at the time of Testimony or at the time that the perjury can to lite? Also- Are there very strict rules and Laws used when Police Agencies use the California Sheild Law in a Internal Investigation to protect the Agency and also a Officer in the Investigation but to also drag all information on the Child's Death under the Sheild Law then Shred a under CA Law 5(5 years) all Documents of the Internal Investigation and also the Death Information and Investigation of the 10 year old Child- What are the laws Please


Asked on 7/27/07, 4:25 pm

2 Answers from Attorneys

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

Re: CA Child Protective Services

First of all, if your child died, I am very sorry for your loss.

Children die quite often -- by the hundreds each year -- after being in the CPS system. Many of these deaths are due to negligence on the part of CPS social workers, and parents have successfully sued CPS for wrongful death and for related violations of their civil rights. I have specific experience in handling difficult and emotionally wrenching cases such as these.

CPS often uses the confidentiality laws to attempt to cover up its conduct that caused childrens' deaths. If this describes your situation and you are in Southern California, I would very much like to hear from you. Remember, there are strict statutes of limitation which can bar any lawsuit or the right to recover damages if you do not act in time. Contact me, or some other attorney experienced in this specific type of litigation, without delay.

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Answered on 7/27/07, 4:41 pm
Terry A. Nelson Nelson & Lawless

Re: CA Child Pertective Services

If your question is: do government agencies have to report child abuse and cooperate in investigations, the answer is yes. Are there statutes of limitation on claims against agencies, yes, of course - generally 6-12 months max from the time of the incident or discovery. If you are talking about something 3 to 5 years old, you need to focus on the future and move on with life, as there would be no remaining claims to pursue against the government or its agents.

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Answered on 7/27/07, 5:55 pm


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