I know a couple who had a 14 year old daughter who was a delinquent. They didn't know what else to do, so they took her to cps and voluntarily placed her as a delinquent, in hopes to help the child.Cps made them pay child support while the child stayed in couseling and other treatments.The child started improving and wanted to come back home. The parents were made to pay a fee to keep the child in place there. When the mother lost her job due to no fault of her own, they could not make the payments and asked the social worker to lower the payement, the social worker refused and said that if they did not pay it, she would reverse the child status as voluntary and charge the parents with neglect for failing to provide help for the child. The child died while in a group home. The workers found her unconsciuos and she never regained conscious. She had a bruise on her head, and the workers say she may have fell and hit her head. We think someone may have did it. She was not suicidal? Help?
2007-03-02 08:31:22 · 8 answers · asked by Nyema 3 in Politics & Government ➔ Law & Ethics
Troubled teens are a nightmare that I would not wish on my worst enemy. With a daughter who is bipolar, I speak from experience.
Generally, cps has immunity from law suits. Obviously, that concept is insane, in and of itself. They are NOT immune from investigations from state authorities, especially if there is a death involved.
I have some very negative views concerning the legal and justice system in this country... and I won't go off on that here.
As possible information.. there was a case in Florida of a boy dying while in a youth "camp" and liability was shown.
They definitely need a damn good attorney.
2007-03-02 13:41:41 · answer #1 · answered by wendy c 7 · 2⤊ 1⤋
The parents of this child need to see a 'good attorney' who is 'conversant' and 'skilled' with this sort of case, to see if they 'may' sue the CPS, or should sue the 'group home' or both the CPS and the 'group home' ... but WHY they would want to do this should be a 'first order concern' ... do they want 'money' because their child is now dead, or do they simply want to 'call attention to this death to warn other parents of the 'bad' that can happen when their own child is 'held' by the CPS outside of the child's parental home? If the 'second' is true, they should 'definitely' sue, whether the case is 'settled in their favor or not' ... and if only the 'first' is true then they need to at least 'think again' before suing, because there is 'no amount of money' that can 'replace' the child they 'lost.'
2007-03-02 08:48:02 · answer #2 · answered by Kris L 7 · 4⤊ 0⤋
No matter who it is, social worker or judge, child support can be lowered when someone loses their job or has to take a lower paying job. (I receive Child support so I know). IF a child was injured or dies in state custody, it should be investigated. IF the state refuses to do this, then file a law suit to make sure that SOME ONE checks it out. IF the child as abused, how many other children in the group home are being abused?
2007-03-02 08:44:31 · answer #3 · answered by Anonymous · 3⤊ 0⤋
I would. I would look up the laws in your state. Even look into hiring a lawyer, also file a suite against the state for wrongfull death. I think that you definetly have a case here. It seems as if the parents were trying to do thier best for this child. Most of the time you have people who couldn't care less about thier children and the state doesn't do anything to put them in a better situtation.
In most states, a family can request an autopsy in a questionable death. (encourage the parents to do so.)
If you feel strongly about it not being suicide, then look into pressing charges against the state board of child welfare.
2007-03-02 09:35:53 · answer #4 · answered by wildrose4784 1 · 3⤊ 0⤋
Yes, they have a good case as the workers said she MAY have fallen so they admitted that they do not know what happened. It is evident that they did not protect her while in their care.
Even though they have a good case, I think they waited too long to bring her home especially if she did improve and longed for home.
2007-03-02 08:42:46 · answer #5 · answered by madisonian51 4 · 2⤊ 0⤋
Simply go on your Y home page, search for attny who handles wrongful death cases and contact the biggest, meanest, nastiest of them and tell them to hire the attny who is so arrogant and determined it makes them uncomfortable to sit in the same room with him/her.
That is how you find a good attny, my co-worker is currently cleaning a national chain of "dollar" stores out of money, rightfully so.
2007-03-02 08:46:02 · answer #6 · answered by Anonymous · 4⤊ 0⤋
No I wouldnt sue.
She was a troubled child. She fell and hit her head. Its no one's fault.
Why so mad at CPS all the time? Considering most parents dont do their job, I think most social workers are doing the best they can.
2007-03-02 08:38:52 · answer #7 · answered by independent101 5 · 0⤊ 5⤋
Yes. Sounds nasty-that's why we have the right to sue.
2007-03-02 08:35:12 · answer #8 · answered by Middleclassandnotquiet 6 · 2⤊ 0⤋