Legal Question in Civil Rights Law in California

civil rights

i'm divorced and have soul legal, physical custody of the

children. the mother lives about 100 miles away. just recently

she's been charged with abuse to a child she was watching.

DCFS came to my home with two Sheriffs , two nurses. they

came in against my will and called for my three year old son.

The social worker took my son, sat him on the couch between

two strangers and interrogated him like a criminal for over a

hour on the where abouts of his mother. My son was terrofied

and tramatized. he cried and remained detained until they left.

They went down to my 5 year olds school and with one of the

Sheriffs took her away from her class and questioned her until

she was confused. We were never told what was going on

until days later when we were accused of hiding the mother

and she had been in custody four days. My baby son stop

talking for two months. What rights to file a case on these

terible people.


Asked on 3/15/09, 2:34 am

1 Answer from Attorneys
David Beauvais David J. Beauvais

Re: civil rights

I've been handling these cases for years and have discovered that many police officers and social workers do not understand that they need a warrant to enter someone's house without consent to conduct a child welfare investigation, unless there is a true emergency. The same is true if they are there to look for someone who is not immediately fleeing after having committed a felony.

You may have a claim for violation of your familiy's civil rights but more information needs to be gathered to be sure.

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Answered on 3/15/09, 3:28 am


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