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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102368
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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can I sue my county for not doing anything about my 4 year

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can I sue my county for not doing anything about my 4 year old Grandsons continuing abuse?
Hello, my name is Ely. Welcome to JustAnswer. Please note: (1) this is general information only, not legal advice; and (2) my function is to give you honest information and not necessarily to tell you what you wish to hear. Note: there may be a slight delay between your follow ups and my replies.

I am very sorry for your family's situation. Can you please tell me:

1) Who is abusing the grandson?
2) Has the county's office of Florida Department of Children and Families been contacted and if so, why have they declined to take action - what is their position?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 4 years ago.

The mother, and maternal grandmother. The DCF, says they have 2 on going investigations. He has not been removed from the home even though there is physical proof. My grandson has been taken to Gainesville Fla. where they talk to him and examine him and report back to DCF. They reported that he is being abused and they recommend him to be taken out of the home. Still nothing has been done by DCF. When DCF questions him it is at the home of the abusers and being 4 he is scared to death. This family whom is abusing, also knows the Sheriff, as well as alot of other people here. We have been unable to legally get anything done. My son ws also tol by a deputy, "unfortunantley, until something severe happens our hands are tied." So apparently being beat as a 4 yr. old is not severe.

Thank you for your clarification.

On this website, I do not always get to give good news, and I am afraid that this is one of these times.

Without even touching on the base of whatever cause of action you would claim, the problem is that as a grandparent, you have no standing to sue on behalf of the child. This is because only the parents and/or a court-appointed legal guardian of the child may sue on their behalf (yes, I understand that it is the parent that is abusive, however, this still does not change the law). In other words, you can no more sue the Florida Department of Children and Families or the county any more than an aunt, or a family friend - you have to be the parent of the child or the court-appointed guardian to have this power.

So bringing suit may not be a choice here. However, someone in your situation does have relief. You may wish to contact your representative in the state legislature and explain the situation, and the legislator may weigh in with a letter which might spur the county to act (faster). Many legislators have constituency desks that help their constituents in their daily lives - this is what you elect them for, after all.

Florida Representative - here
Florida Senator - here

This may help. Good luck.

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