Criminal Law Questions? Ask a Criminal Lawyer.
Hello, how are you today? So your basic question is can you sue DHR?
i am doing good
Good, what are you seeking to sue them for, if you do not mind me asking.
i have five children two with me and three in al my children are being abused my13 year old threaten to hurt herself and they don't want to return my children to me and there was no abuse just made up stories
i am in indiana
I understand. The answer to your question is yes you can sue DHR/CPS. However, most of the time those actions are not generally successful because they are a state agency whose employees/agents enjoy qualified immunity while acting within their line and scope of their employment as an agent. In order to sue CPS/DHR or an individual agent and be successful, you will have to sue based on the intentional acts of the department to cause you malicious harm.
Have you filed to get custody returned and you were not successful?
my court appointed attorney is no help it takes her a month or two to call back and its been a year and four months none of the hearings was for the return home of the children and i done everything they ask but the icpc was denied
I am sorry to hear that. The judicial system does tend to operate very slowly. But to answer your question, if you wish to sue CPS/DHR then you are going to have to be able to allege intentional malicious acts by them against you personally in an effort to keep you from having your children returned. They have the benefit, as discussed earlier, that they are government agency that supposedly is acting in the "best interest" of the child.
Otherwise, your recourse is to stay diligent in the current action, and keep pressuring your attorney and the court to return the children to you because of the abusive 13 year old.
I am sorry I do not have more encouraging news for you! But it is my duty to provide you accurate legal information regarding your question, and I certainly understand your frustration!
there is physical evidence and my 12 year old i got an apology from dhr for her abuse and my 16 year old tells me not to say anything or i will make things worse and the worker told me the other day that they never had no attentions on returning my children home and they keep calling dhr on me here so my boys can get taken and they turned my daily calls into three times a week cause my daughter called me during the abuse
I am sorry to hear that. A bit of a pointer, if you wish to sue CPS, you will have to probably get an attorney outside the county where the DHR agency is located, because most attorney's in that area will not take such a case.
have you heard of lawyers helping with a pro-se
Do you mean pro bono? Or do you mean you as representing your self pro-se?
Most attorneys will not be inclined to take such a matter pro bono as it will be a heavily involved case, and will require a lot of time to accomplish what you are seeking to do. However, with that being said, you could check with local volunteer lawyer programs and the state bar association to see if they can not provide a list of pro bono attorneys.
Yes, a lawyer can help you as a pro-se, but you will have to sign what is known as a limited scope representation form basically stating that they are only representing you in a limited capacity such as helping you draft a motion or complaint.
what does pro bono mean
Means they will do it for free.
i cant afford an attorney but what are my chances doing it that way
They are not too good, as I described above, because the case would have to be heavily involved, and take a lot of time to accomplish.
Does that answer your questions?
If so, please provide a positive rating by selecting the smiley face and submitting. If you have any other questions or you would like me to clarify or elaborate on the answers provided please feel free to ask.
yes thank you so much for your help
You are most welcome, please do not forget to provide the positive rating and submit.