Try federal court. NOT state court. Make it a constitutional issue. Been there. Done that. I fight CPS for a living. And have had quite a few appeals against them that the appeals court supported me upon. I am now off to the state supreme court. You need to understand that many say they want to sue CPS but being able to do so is much different. Get counsel familiar with federal court and go from there.
I was thinking the same thing in regards to federal court. A civil attorney suggested for us to go to the state police with an attorney, but they are state workers as well. Daughter 1, 2 and my children are native american and the Indian child protection laws were not followed. The cps workers did not file the proper paperwork or falsified documents to keep the tribe from intervening. I was told by other cps workers that nobody wants an ICWA case because its to much work. That would be a federal issue correct? I am aware it is not easy to sue CPS. I have looked up several successful cases for reference. I was thinking FBI over state police.
ummmm....that would have been very important to say in the beginning!
Thank you, this helps!
Good. I was hoping it would.
The only problem with this is we are not yet sanctioned with tribe, however we are eligible. I have been trying to sanction with tribe. Our problem is my ancestors hide the fact of who they were for protections. If CPS filed correctly and did not falsify documentation the tribe very well may have taken over. All the CPS worker has to state in court is they investigated it even if they didn't and the court proceeds, then CPS list us a different race. CPS changed my date of birth and failed to put my family members in efforts to hide or they don't file anything at all. I can prove they were given all information. We are in process of sanctioning currently. I have read the Indian child protection law states "Eligible tribe members".
Curiouser and curiouser.
Neither is Ohio.
You are not a member of the tribe however so therefore, you are not eligible.
We are eligible by blood. My great-grandparents are members and from there decided not to enroll their children, give them one name at birth and use a different first name all their life. They had their reasons I suppose. We already received some benefits such as Indian education. It was never important to me to sanction into tribe until a lying cps worker showed up and I learned it makes a difference. I did the application of enrollment, then tribe needed records such as birth, death and marriage. Those records are a little pricey and I had to learn where everyone was born or got married. We have it all now and should be receiving our enrollment ID's.
When you "self-identify" as a particular race or ethnicity, you can be required to prove what you claim.
Cite, please.
