Pennsylvania Family want to sue for such agency known as CYS whose remove the child in April May,of 2011.Such records reveal the caseworker"specialist"determine at 1st there is no basis,no"legal"basis,it adage,on the report,sent to the parents,for which the state is able to determine"this child"and other three,were being sexually abused/molested/injured/psychological NOR sexual/physical no type of abuse.Yet here we are now going into Mid Sept.2011,and child(ren)still are NOT returned.But yet the judge"yesterday"allow such foster parent,by "Caseworker approval"to take the children out of the country! Now i do not know about you,but i study law 24hrs.a day, and i have not at any time,read any case law here in PA or any state,allowing such that involve a "foster parent"whose just becoming a "foster parent" 4 or so months ago to take all of the children out of the "not the state"but country,is this legal? can they do this? and lastly,Parent feel she is being injured,cause by such violation exerted by the CPS, due to,the"continual failure to return her son,and daughters,back to her primary care when the state clearly IN writing, adage,"there is NO abuse of any kind founded."But yet,are not returning her kids,and now sadly 1 of her twins,has verifiable-stomachinjury for which mother took pix,and judge"ignore"this when caseworker spoke up to say"Well,judge you know...."things happen"etc. and he brush it off,as transcript support such vile statement,just two months ago.Do mother have a potential claim, PRO-SE without a attorney,AS SHE Contact our org for such support,and we are giving her just that.I study CPS law for 10 and a 1.2 years i say YES. due to the fact the mother was proven to NOT have abuse her child,but now state of PA. Agency CYS is planning to "terminate her right?"to allow foster parent to adopt the child,commencing proceedings in december.2011. So sad.Ok i await your well-written truthful answer,for which your able i hope to opine,based on its face,for what i am presenting to you today. Gracia.... from farrah...
State/Country relating to question: Pennsylvania
a multitude of case law.pennsylvania CYS code statute,on return of child if abuse is not founded
nor substantiated,etc. lawsuit,supporting this case.
The family can sue CYS. They can sue for Negligence. CYS had a duty to investigate and return the children to the biological parents if they found nothing. They can bring claims on behalf of the children, for false imprisonment. All family members can sue for negligent infliction of Emotional Distress if they needed mental health counseling or became sick. The children can also sue for negligence if they were put in a home where they were physically injured. The standard is the best interest of the child. The goal is to try and keep biological families together if possible. Foster parents cannot take children out of the country without an order from the judge. Good luck and remember to press accept so that I may get credit.
Former Torts professor and former personal injury paralegal
thx RJ.appreciate it.we are workin on this tonight and yesterday your very helpful.will use you again bye now.from farrah.adios!
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