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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 111637
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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I've been involved with cps for 8+ years but this time I

Customer Question

I've been involved with cps for 8+ years but this time I signed my self in to the mental hospital for depression and there was a alagion made that I was going to hurt my child which is not true. And I took my child to the er thinking she was sexually abuaed. These to calls to cps are both used agent me they are living saying I need a drug test to wrap up the two allagions and if I don't they will take my child and I need to sign a paper for services and if I don't they will take my child I did a US 3 days before them coming to my house I have never had a positive drug test 8+ times they did one. On me is this getting to be hasstessment and can I sue them I'm getting tied of them this case worker even set me up and didn't call the drug test place and set it up which I would not have been able to if be didn't finally answer the phone which would have been removal right away
Submitted: 1 month ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 1 month ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, when you are dealing with CPS, you have to comply with all of their terms. While you may have never had a drug problem before, part of their standard requirements on every parent dealing with them is they mandate drug testing. So if you do not comply with the drug testing they will claim you are uncooperative and that is basis for them removing your child. So you do not want to give them any other reason to take your child, so you need to get the test set up. Then if CPS continues to harass you, you actually can sue them for violating your civil rights to have your children and raise them as the US Supreme Court mandated in the case of Troxel v. Granville, 530 U.S. 57 (2000).
So, you have to comply, but if you do comply and they continue the harassment, THEN you can indeed sue the incompetent and negligent CPS social workers for their harassment in violation of your civil rights.
Customer: replied 1 month ago.
What kind of lawyer would help me with that and what papers do I fill out in the Court
Expert:  Law Educator, Esq. replied 1 month ago.
Thank you for your reply.
First, you would use a family law attorney to fight CPS in family court. Once you get the issue dealt with in family court, THEN you would use a local civil rights attorney to sue CPS and their incompetent social workers in Federal Court for the civil rights violation.
You can find local attorneys in each area at the same sites used by other attorneys, http://www.hg.org or http://www.lexmundi.com