Legal Question in Constitutional Law in California
Just recenty my two sons were taken by cps. (from the mother) Me(the father) Has terminal illness and unfortunatly dont have to much time to live. The mother got arrested.The mother upon arrest stated that she wanted the aunt to take the children.She also give them my address and ph.number at the time of arrest. They did not contact me untill 3 days later to advise me of court date of children.I went to court and an attornney was appointed to me and the mother.I informed the judge that I tried to get intouch with cps and he told them to contact thier supervisor. I called her and finally got in touch with a person who told me that my social worker had changed.She told me that i could have a 6 hr visit for christmas.I picked them up and the visit went well.My 10 yr old me they wouldnt let him see his 3yr old bro.for 5 days and when they did they scolded both kids for crying.I got a little angry and called cps they told me that it wasnt a scolding it was a learning experience.The next day I called and was told they wasnt there any more and to contact my social worker once again i tried and tried finally my son called me and said they put him in foster home there he got lice,beat up and nobody ther speaks english.We went to court agaln and once again they said they couldnt get in touch with me and the mother hadnt stated where she wanted the children to be placed.The aunt and i turned them to the child abbuse hotline posted this on the web.The judge knew we had been don wrong so he immediatly give me 6hr unsupervised visits the next day I picked them up and while on our visit the social worker called me and said take them straight to the aunts house. c an I sue these people
1 Answer from Attorneys
From the facts you stated the general rule is that social services is not liable for foster parents. It does not sound like a strong case just based upon those facts.
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