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  #1  
Old 10-11-2000, 11:19 PM
beachdud
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Last October, I found out my 9 year old niece was sexually molested by her father. My sister (her mother) and my mother went to the school where she was most comfortable and they had her tell the school nurse. Being a teacher, I feel you always take a child where they are the most comfortable.
After this, CPS and DSS took my niece away from school and my sister thought she was lost because she did not come home from school at all. DSS took her without my sister knowing it... anyway here is my dilemma:
I lived in Virginia Beach until recently, and when I got a call from my sister and mother that my niece was taken away, and put in foster care, I was so upset, and torn up, I had to fly home.

My niece and I are very close - always have been. She is raised in the church, as I am very active in the church, and she has a great head on her shoulders. Well anyway, I came home to support the family.... and the day I was to head back to the airport, was a day the court decided if my niece could come back home.

The court ordered (of course) an Order of Protection against my niece and her dad, and to my surprise, they brought my name up and said her uncle... I was shocked!! What could be the reason for this?! I asked the judge why I am brought up in this, because I was only home to support my niece and the family... the judge asked the DSS' attorney and caseworkers, and they could not even give an answer, yet the judge allowed them to issue one on me against my niece. I was downright angry. Nobody could give me an aswer why - however, the court said it was okay for my niece to go to the airport with me and see me off! How ridiculous is that?

When I got back to Virginia, I wrote the DSS Commissioner, and made him sign for my letter HIMSELF.I wanted him to tell me why I was given a restraining order - he did kindly wrote back but gave no answer. So I wrote another letter, he also had to sign for, and said that he would take care of it. Supposedly it was done.

The only thing I can think of, is that when I was at home, I was upset and wanted to talk with my niece to make surte she was okay - they wouldn't let me at the school, so I was told to call DSS. This one caseworker was very rude to me, and I spoke to her on the phone in front of the SCHOOL NURSE! I feel this particular caseworker got this restarining order on me on purpose just to get even with me because I wanted to see my niece - eventually I got to see her (supervised). This woman was very rude to me from square one.

I feel I can't let this past be the past. What they did to me was wrong, as well as what they did with my sister - when her husband was the culprit and was arrested and sentenced for a year in jail, and just got out for good, due to 6 months good behavior. Now he is harassing my sister and the rest of the family. He should be the one DSS needs to be watching, now that he's a registered sex offender in the state of NY.

I also live in a small county in upstate NY with farms, etc. so everybody knows everybody, and it seems the attorneys or judges including those with the Department of Sosical Services don't do their job, and if they do, they do it unjustly.

I want to sue DSS and these two caseworkers who caused me grief during that time. Any ideas?? Is it possible??? Do I have a possiblity with maybe something like Defamation of Character or something like that?

Any help is appreciated. There are many victims of DSS and CPS out there I am sure.

Help me please.
Thanks.
  #2  
Old 10-12-2000, 12:02 AM
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Join Date: Sep 2000
Posts: 341
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I don't know if that is legal or not, much less if you could win. I think there is something about 'peace officers' not being able to be sued.

BUT, legal or not, MORALLY---GO GET THEM!!!!!
You're right, and if you read the boards you'll get plenty of stories to back you. DCF, whatever it is called in whatever state CAN and DOES screw up. And when it does, it is usually colossal and horrendous for the kids they are supposedly protecting.

I hope you go for the jugular and win.
  #3  
Old 10-12-2000, 02:48 PM
beachdud
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Thanks Illinois parent! I will do my darndest.. Just out of curiosity, what is a peace officer?

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Illinois Parent:
[b]I don't know if that is legal or not, much less if you could win. I think there is something about 'peace officers' not being able to be sued.

BUT, legal or not, MORALLY---GO GET THEM!!!!!
You're right, and if you read the boards you'll get plenty of stories to back you. DCF, whatever it is called in whatever state CAN and DOES screw up. And when it does, it is usually colossal and horrendous for the kids they are supposedly protecting.

I hope you go for the jugular and win.[/b]<HR></BLOCKQUOTE>

  #4  
Old 10-12-2000, 09:53 PM
Member
 
Join Date: Sep 2000
Posts: 341
Post

In Illinois, a Peace Officer is a public sector employee who 'upholds' laws but is not a cop, DA, or Judge - i.e., paramedic, Department of Children and Family Services caseworker, firefighter, etc. There are a lot of jobs that fit - and I'm not guaranteeing what is and is not legally defined as a peace officer. This is just the definition based on my understanding and experiences.

Please, let me know what happens. I can't decide if your situation makes me want to cry first or scream first.
  #5  
Old 10-16-2000, 07:54 PM
Xena:warrior princess
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Thumbs up

Hang in there beachdud!!!!!
I am in the process of looking for an attorney for my own mishap with CPS. It is soooo frustrating and I feel for you! I feel CPS retaliated in our case due to personal feelings as well, so I know how you feel!
Just wanted to wish you luck and keep us/me posted if you can at :jaqblanc@hotmail.com
Thanks!

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by beachdud:
[b]Last October, I found out my 9 year old niece was sexually molested by her father. My sister (her mother) and my mother went to the school where she was most comfortable and they had her tell the school nurse. Being a teacher, I feel you always take a child where they are the most comfortable.
After this, CPS and DSS took my niece away from school and my sister thought she was lost because she did not come home from school at all. DSS took her without my sister knowing it... anyway here is my dilemma:
I lived in Virginia Beach until recently, and when I got a call from my sister and mother that my niece was taken away, and put in foster care, I was so upset, and torn up, I had to fly home.

My niece and I are very close - always have been. She is raised in the church, as I am very active in the church, and she has a great head on her shoulders. Well anyway, I came home to support the family.... and the day I was to head back to the airport, was a day the court decided if my niece could come back home.

The court ordered (of course) an Order of Protection against my niece and her dad, and to my surprise, they brought my name up and said her uncle... I was shocked!! What could be the reason for this?! I asked the judge why I am brought up in this, because I was only home to support my niece and the family... the judge asked the DSS' attorney and caseworkers, and they could not even give an answer, yet the judge allowed them to issue one on me against my niece. I was downright angry. Nobody could give me an aswer why - however, the court said it was okay for my niece to go to the airport with me and see me off! How ridiculous is that?

When I got back to Virginia, I wrote the DSS Commissioner, and made him sign for my letter HIMSELF.I wanted him to tell me why I was given a restraining order - he did kindly wrote back but gave no answer. So I wrote another letter, he also had to sign for, and said that he would take care of it. Supposedly it was done.

The only thing I can think of, is that when I was at home, I was upset and wanted to talk with my niece to make surte she was okay - they wouldn't let me at the school, so I was told to call DSS. This one caseworker was very rude to me, and I spoke to her on the phone in front of the SCHOOL NURSE! I feel this particular caseworker got this restarining order on me on purpose just to get even with me because I wanted to see my niece - eventually I got to see her (supervised). This woman was very rude to me from square one.

I feel I can't let this past be the past. What they did to me was wrong, as well as what they did with my sister - when her husband was the culprit and was arrested and sentenced for a year in jail, and just got out for good, due to 6 months good behavior. Now he is harassing my sister and the rest of the family. He should be the one DSS needs to be watching, now that he's a registered sex offender in the state of NY.

I also live in a small county in upstate NY with farms, etc. so everybody knows everybody, and it seems the attorneys or judges including those with the Department of Sosical Services don't do their job, and if they do, they do it unjustly.

I want to sue DSS and these two caseworkers who caused me grief during that time. Any ideas?? Is it possible??? Do I have a possiblity with maybe something like Defamation of Character or something like that?

Any help is appreciated. There are many victims of DSS and CPS out there I am sure.

Help me please.
Thanks.[/b]<HR></BLOCKQUOTE>

 



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