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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 110573
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I have a 14 year old felony background. My ...

Resolved Question:

Breach of Contract issue against State employee-I have a 14 year old felony background. My wife''s ex husband found out and made a fraudulant complaint with CPS. WA State Rules of evidence 609 states that my felony background is inadmissable to use in court but because CPS acted on it his attorney used it as his sole case. CPS on 5/08 signed and agreement giving us 30 days to provided documentaion or they would take the kids. 3 days later per that agreement the kids were placewd into their father''s care. By 5/14 CPS backed completly out of the matter failling to adhere to the signed agreement. I and my wife have adhered to it as I am currently going before the judge with regards XXXXX XXXXX documents CPS asked for but they are no longer in the case. DOES THIS CONSTITUE A BREACH OF CONTRACT/AGREEMENT? Do I have some sort of legal path as no RCW codes or WAC rules violated to constitute CPS involvment?
Submitted: 8 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 8 years ago.
Any person can make a claim to CPS and CPS must act on these claims, regardless. Since they have to investigate and CPS has pretty much unlimited powers in dealing with children. If you had a signed agreement with CPS and they violated that signed agreement, then you could have a breach of contract claim against them. Additionally, what you could have is a suit under state law for a violation of your constitutional rights if they unlawfully used the information against you in direct contravention to the law. However, the rules of evidence are for use in the courtroom, not in enforcement or investigative matters, therefore, you cannot hang your hat on that as the basis for your suit. You should hire an attorney to represent you and file your complaint against CPS and if you cannot afford an attorney ask the state bar about the pro bono programs in your area.

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