Legal Question in Civil Litigation in Pennsylvania

can i sue cps for not giving me my children back when I went to their office fbecause the women wanted to do a service plan with me and than making a report up stating they removed my children from my home with the police because I violated a service plan,when I never had a case or a plan from day one,she only came to my house less than 24/hrs of me coming to her office and then they stuck my two year old on abilify because the foster parent couldn't control her because she wanted to be with me plus their is so much more to what they put my children threw that they will never be the same because of all this.I only have until august 2010 until my 2 years is up,I have full custody of them now and it wasn't because of cps,cps closed the case awarded the foster parents custody but I went a fault through the family courts to get them back while cps kept showing asking the judge not to return them,he had told them they do not have a case so it's not up to them,I was awarded custody but now,I want to sue from damage they put my children through by them now going by the book I have proof of everything


Asked on 6/08/10, 9:54 pm

1 Answer from Attorneys
Rachel Hunter

Talk to a tort lawyer, however, you will have a very difficult time showing that CYS did its job negligently. Because this is a county agency, you have to go through the tort claims act. The act lmits the gronds on which you can sue. Assuming you meet this threshold requirement, then you have to show negligence. I know what you have told me, but I do not have all of the facts before me and I do not know what happened at the court hearings or what documents were submitted by CYS to justify placing the children in foster care.

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Answered on 6/09/10, 10:16 am


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