Legal Question in Family Law in Virginia
Suing Foster Parents, dss and Casa workers
Our daughter's foster parents have obtained legal counsel and filed a motion for termination of parental rights with intent to adopt our daughter, This is not in keeping with the long standing goal of reunification. This reunification will take place on Wednesday, July 9th, 2003. The petition filed by the foster parents references psychological diagnoses of us that they have no access to. We believe that those came from the casa worker without a release of confidential information. I would also note that the casa worker got that information through dss without a release as well. The foster parents have been interfering with the plan for reunification and the filing of the motion was the final step in this ongoing interference. The foster mother has disregarded our parental rights despite the fact that we served her with a letter clearly stating what our residual parental rights entitle us to. I am wondering what legal recourse I may have to prevent this from happening to another family. Is there any way that my husband and I can sue the foster mother and casa worker for these violations? What is our recourse as to unauthorized release of information? Thank you.
2 Answers from Attorneys
Re: Suing Foster Parents, dss and Casa workers
My schedue today did not allow me to digest all the details and inferences which may have appeared in your story. A very salient item was NOT MENTIONED. What hearing has been had on the merits of this issue and if not when is it to be held and in which court? If still pending, you would be well advised to seek an interview with the case worker and treat them with great respect.
As to the unauthorized "release", it is quite problematical as to whether the case worker, as such has any legal culpability. However, there is no question that any kind medical office would be culpable if committing this error.
Re: Suing Foster Parents, dss and Casa workers
You should have an attorney representing you in this matter (if you don't already) who will defend your parental rights and interests against the petition filed by the foster parents and, hopefully, convince the judge that your children should be reunited with you. This person will, also, be able to evaluate any ancillary claims connected with this matter which you may have, including the unauthorized release of confidential information.
If you cannot afford to hire an attorney on your own, the court should be able to appoint one to represent you in this particular situation.
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