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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32532
Experience:  Began practicing law in 1992
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CPS place our Great-Grandson with us for the first 5 mos of

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CPS place our Great-Grandson with us for the first 5 mos of his life. Commissioner sent his to live with his Dad in a very questionable home. Dad/Mom and baby were forced to me due to domestic violence.. lived with an aunt/uncle. He had pneumonia mid December died Jan 24th.. autopsy shows cause of death as acute and chronic bronchopneumonia and bronchiolitis.. Natural causes but he had no medication/antibiotics nothing in his system. We feel this was total negligence on the parents part. Is there anything that can be done against the parents, CPS, Casa or the COMMISIONER? Rumor has it that the Commissioner has had 4 children die after he has placed them in questionable homes. We do not want money.

JD 1992 :

Hello and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.


Unfortunately, there are no good answers for you on a case like this.

JD 1992 :

You don't have "standing" to bring a lawsuit for negligence or wrongful death since you aren't a parent.

JD 1992 :

CPS obviously isn't going to do anything about it since they were involved and would be a party.

JD 1992 :

You could go to the District Attorney but I've found them to be almost worthless in going against CPS because they have to work with them so often.

JD 1992 :

You could consider going to the Attorney General of the state and see what happens.

JD 1992 :

You could also consider going to the press and see if you can get them involved and maybe spark some kind of public outcry that gets something done.

JD 1992 :

Another avenue you may want to consider, after you go to the DA if the DA doesn't want to help, is to go to your state Senator or Representative's office and complain and see if they would be willing to get involved.

Customer:

Ok this is what we thought... it's just sad especially since they left him at the morgue for a month and now at the funeral home for 2 months.

JD 1992 :

It is terrible and it breaks my heart.

Customer:

Thanks for the info. Diana

JD 1992 :

This is one of those areas of the law where there is no good solution if the DA won't do something.

JD 1992 :

I am truly sorry to give you what I am sure is bad news, but please understand that it would be unfair to you (and very unprofessional of me) to provide you with anything less than an completely honest response. However, if your concerns were not satisfactorily addressed, then please let me know, and I will be happy to clarify my answer. Please remember to rate me based upon whether I answered your question, and not upon whether the answer was good news or bad news since I have no control over whether the law is in your favor or not.

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