Legal Question in Civil Rights Law in Iowa

My children were removed from my home by a child in need of assistance agency (cina) in council bluffs Iowa. They took my children from me after a domestic violence situation that was later dismissed in court. CINA told me I had to leave my place of residence with my children orthey would remove my children from my custody. I moved into a extended stay hotel room with my children temporarily while I figured out other living arrangements. Due to the domestic violence charge the told me I could not have contact with my children's father who is the primary financial provider for myself and my children. I reached out through third party to ask my significant other for financial help to by basic nessesities for our children. CINA then showed up at the hotel my children and I were residing and removed my children from my custody and placed them in a homeless shelter for children and later delegated them into different foster care homes. I have been dealing with what I feel to be a violation of my civil rights under the 4th and 14th afmemdment for over 3 years. Resulting from what took place through the CINA agency I became homeless and then was required to go through specific programs to have my children given back to me. After successfully complete ing these programs they denied my custody of my children and returned them to their father. The father has not confirmed paternity for any of these children. His name does not appear on any of the birth certificates. I feel the father and myself were denied our due process rights by using iowas "voluntary" safety plan and their "voluntary" foster care plan that exist solely between the CINA and parent (no courts involved). Iowa has a long standing problem at a federal level of abusing the foster care system. I feel they are violating constitutional rights by using the color of law to manipulate/ intimidate parents to cooperate with their adjenda by giving parents 2 options... 1) Agree and allow CINA to remove the children with the promise the children are only being removed temporarily or 2) go to court and CINA will work with DHS to ensure child will be taken away for a longer period of time and that the parents can potentially lose their parental rights to their children.

Sixth judicial judge Ian Thor hill found it to be unconstitutional for DHS to use voluntary agreements signed by only one parent ( in some cases the non custodial parent) when the agreement interferes with custodial rights of the parent/ parents. He referred that this type of interference by government infringes upon the fundamental liberty interest under the U.S. Constitution.

Safety plans aren't permitted to be used to remove children from their homes.

Using voluntary plans for child removal gives the appearance that DHS has lowered its rate of placing children in foster care because these voluntary agreements never see a judge.. there for not allowing parents to practice their due process rights by using color of law to manipulate, mislead and intimidate parents.

Legitimate concerns for child safety has turned into abuse of governmental power against families causing pain and suffering for children and parents.

Federally funded foster care costs are being sbused at an alarming rate in Iowa. I feel the voluntary system just allows more state funding while also collecting federal funding.

I was recently told they want to bridge my case drone juvdnile court into district court. My u deters ding is that they are trying to establish a parenting/ custody order in favor of the father. I feel our roghts have been trampled on and now have no where to turn to resolve this custody conflict as I now was forced to move back to Virginia with my parents. How do I correct what has been done? Also they granted custody of my oldest child to his father who was not involved with that child's upbringing. That child has now been living in a mental hospital for three years and I have been denied my rights to his healthcare and treatment! I know this is all over the place but can you please help guid me in the right direction? Seems like I've exhausted all of my options and nobody can help me.


Asked on 10/07/16, 11:17 am

1 Answer from Attorneys

Robert Luedeman solo practitioner

Is there a legal question in this that I can answer?

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Answered on 10/07/16, 3:28 pm


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