Legal Question in Civil Rights Law in California

Department of Family and Children Services

Social Worker(s) negligence resulted in father not being allowed to see his daughter in over 1 year. Allegations were made, Social Worker interviewed Child's mother, and child as well as reviewed an incomplete/one-sided police report. Social Worker substantiated the allegations. Note: Social Worker never interviewed the Father. Family Court, due to governing laws, ordered no-contact with father and daughter as a result. Police concluded their investigation and report and the allegations to be 'unfounded'. Father subject to not seeing daughter for over a year, family court services recommend father be undergoe a humiliating evaluation due to Social Worker conclusion. Child Therapist assigned to case revealed that child has been coached and coerced to make statements against father. DFCS fail to release investigator(s) and screener(s) narrative/report nor set a review for the report for father despite several requests. DFCS Case Reviewer assigned to case later revealed her title to be the DFCS Law Enforcement Liason to obtain Family Court Records. After complaint filed, then DFCS gave a review date. More detailed information is available regarding this matter. What can Father do to ensure justice is held in this matter?


Asked on 5/23/07, 6:19 pm

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

Re: Department of Family and Children Services

Some attorneys experienced in civil rights law (42 USC 1983) have had good results in this type of case. For example, Government Code Section 820.21 states that social workers can be sued for withholding or fabricating evidence. They can also be, and they have successfully been, sued for illegal gender discrimination. If you lived near me, I would want to talk to you (sorry, since you don't, I don't). There is an atty in Berkeley who recently won a large verdict against DCFS but unfortunately I don't remember his name. Keep researching and good luck. Watch out for very short legal time limits.

Read more
Answered on 5/23/07, 6:48 pm


Related Questions & Answers

More Civil Rights Law questions and answers in California