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mmdesq
mmdesq, Family Law Attorney
Category: Family Law
Satisfied Customers: 458
Experience:  Attorney with 13 years experience.
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This case happened in New Jersey. I was appointed supervisor

Customer Question

Hi, my name is***** This case happened in New Jersey. I was appointed supervisor of my two grandchildren, ages 1 and now 7. My daughter was under a doctor's care and on prescription medication. When her baby boy was born, he had a trace of it in his system. Also, my daughter was given morphine in the hospital due to a difficult delivery. Social Services had her take a urine stick test. They said she had a drug in her system but didn't know which drug. My daughter went to a certified lab the very next morning. The lab results showed no illegal drugs in her system. The judge would not accept the lab results. He said we don't do that. They even prohibited the baby's father from seeing the baby unsupervised. They said that since my daughter tested positive on a stick test that they assume he is on something also. We were not given an opportunity to appeal his decision. They have been harassing us ever since. They would pull my then 6-yr old granddaughter out of her class at different times by 3 different investigators. They lied to the judge in their findings. On July 10, 2015 I had to go out of town for a few days. I left my granddaughter at her grandfather's home. The case worker showed up at the house with 4 police cars. They dragged my granddaughter out of the house, crying, scared and traumatized. They took her to a doctor to be examined and then placed her with a step aunt. The case worker further traumatized my granddaughter by telling her that if she even speaks to her mother that he would have her taken away and placed with strangers. My grandson, they placed with a total stranger. We were told he cries a lot. Of course he does, those children have been with their family since their birth. After 3 months, we still don't know who has him and they won't let him be with a family member. Seems as though they are trying to hold onto him so they can place him up for adoption. I want to sue CPS for the mental anguish they have put our family through and for traumatizing my grandchildren. They had no good reason to have them removed from their natural family. I need legal help in getting my grandson back with his family. I would like to know, if I can sue CPS. Thank you
Submitted: 1 year ago.
Category: Family Law
Expert:  mmdesq replied 1 year ago.

Good Afternoon,

I will try to best answer your question.

I have heard many horror stories like yours with cps. The problem is that the employees have governmental immunity. That means the employeesame can be sued for mistakes. It must be intentional misconduct. This is a difficult standard to meet. However, if you can establish that acted initially and with malice then that would be actionanle. The problem your daughter will face is that they will say they were acting based upon the drug screening. I think your best position is there unwillingnessto consider the second test or listen about reason for fake positive.

I would suggest contacting the ACLU to see if they ll take the case.

I hope this information is helpful and I wish you the best of luck.

Customer: replied 1 year ago.
I have researched this topic and will have to do more extensive research. There are instances where people have sued CPS and won. They lose their immunity under the "Deprivation of Rights Under the Color of Law" and must be sued in their "official and individual" capacity in order to succeed . I was looking for a civil rights attorney who is experienced in this kind of action. I am not satisfied with the answer from the expert.

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