PaulMJD OK thats what I thought. Thanks for answering my question but I have another. Now in the confusion my wife was trying to get the restraining order placed on my son. They put me in jail because i was here. The charge was dismissed because the judge or court did not put on there that it was a DV order now can I sue the county for false inprisonment? Can the famley court judge find me guilty of DV without evidence of any DV. I was never arested or brout to court about any abuse and can yfs take my child without any evidence? I have evidence copy of my Time sheet from work that says I was at work at that time that my son and wife were arguing. The judge did not let me enter it into evidence when we went to court and still has not let me enter it. I did appeal his findings and its still in the court of appeals he did not allow any evidence from me or my wife. We have two seprate atorneys and they said that we were not able to enter any evidence in the first hearing. Now I find out that I could and fired my attorney but the judge would not let my wife fire hers. the judge also said that we have to make inprovements in these classes when I tell the class the truth about what happend it like he is trying to force me to admite guilt about something that never happend can he twist mine and my wifes arm and make us do that it dont sound right. When there were never any DV charges filed against me or anyone no crimnal charges except vilation of restraining order. that was dismissed. We feel like we are being made to admite guilt when we did not do it. YFS had no evidence to prove any of thier aligations that they said was why they took our son can they just take children away like that for no reason? If not what can I do? What would you do? Can they just make up things and take them away? Thats what they did in our case.
Country relating to Question: United States
State (if USA): North Carolina
You cannot sue the county for making the arrest in this case because of them enforcing what they reasonably believed to be a valid court order, even though it was ultimately determined not to be a DV order. The family court can only issue a civil DV ruling against you and it would require evidence. As far as child protection, unfortunately as a highly powerful agency with broad power and discretion in protecting children, they can indeed exercise that power even if you believe they have no evidence (as YFS is an extremely powerful, yet negligent and incompetent agency). Once you get all of the violations cleared, you can sue YFS if they fabricated evidence to take the child without evidence. They frequently lie and manipulate evidence to achieve their warped goals and if you have evidence to prove it then you can file a civil suit for damages against them.
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If YFS made my wife sighn a medical release form without an interpeter and I calld the medical facility to have them stop the info to YFS and faxd a letter to them to stop it and they did it anyway I have a letter from the medical facility and I have a copy of my letter that said I wanted it stoped because there was not an interpeter to assist my wife at the time of sighning the form can I sue YFS and the medical facility for that
YFS made my wife sighn a medical release form without an interpeter I calld and faxed a letter to stop it due to my wife not understanding what it was for. I have a letter from the Medical facility that said they didnt care what I said that they were still going to give the records to yfs. I have all the copys of this stuff. Can I sue YFS and the medical facility fot Doctor pat. confidentuality?
At this point, you have multiple issues you may have legal claims to pursue. Yes, if YFS does not Subpoena the records and the medical facility has not already turned them over to YFS before you withdrew the HIPAA consent then you can seek to file a complaint with the US Department of Health and Hospitals as they are the sole investigation and enforcement agency on HIPAA claims and there is no private right to sue under HIPAA. You may also sue for breach of the duty of Confidentiality of medical records for them releasing records without a subpoena or your consent (or in cases of abuse they are mandatory reporters and do not need consent).
Thier was never any abuse. They did this to my wifes and my 1 year old sons medical records at the time we had custody and no court order for them to get them how do I call the US Department of Health and Hospitals Do you have a phone number?
You can contact the US Department of Health at: http://www.hhs.gov/ocr/privacy/hipaa/complaints/index.html
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