Legal Question in Criminal Law in California

1st I dont know what area of law this question falls under

2nd my problem....i had a daycare in my home and a 4 month old baby i was caring for had a seizure. standard procedure was for social services to invistigate. social services kept coming after me and harrassing me at my home dispite my attorney telling them not to. they pulled my son out of class and questioned him alone. then i got pulled in to the parents trial, the state of calif. was trying to get me to testify against the parent. i took the 5th because i had only knew them a few weeks and no one would tell me what was going on. 2 years later (after we had moved) i requested the records because i had a right to them and instead of social services sending them to me they came after me again trying to get me to agree to sign papers saying i would never work with kids again. i refused and got an attorney all he did for me was get me the transcripts of the trail. i have read all 1500 pages and what it breaks down to is the baby had a stroke due to a combo of a brain injury at birth and medication he was on. the state of calif. was trying to terminate the parents rights baised on medical neglect. 3 experts testified that the seizure he had was due to the brain injury at birth...there for i couldnt possibly be responsible. but social services still isnt happy and now i have gone and applied for a preschool job and when they ran my prints they cleared with department of justic and licensing but social services wont clear them because of this. can they block me for something that isnt my fault and what are my rights? I have been looking for work for 9 months now and were on the verge of bankruptcy because i cant get work., this is the first place that has told me why they cant hire me. what do i do?


Asked on 9/17/11, 12:40 am

1 Answer from Attorneys

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

You could have a good lawsuit against social services (the county). Get it in writing that you can't have the job because of your listing in the child abuse index or whatever, then take that and the trial transcript to a civil rights attorney in your locality, for example David Beauvais in Berkeley. Watch out for very short legal time limits and other requirements for suing public entities.

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Answered on 9/17/11, 1:38 am


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