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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 117370
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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The state has taken my daughters children and put them into

Customer Question

The state has taken my daughters children and put them into foster care, she is trying to get them back She felt that she did not need an attorney because she was innocent, but it has gotten out of hand and she is over whelmed
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
The first thing you need to understand is that child protection social workers are the most incompetent, negligent, biased and abusive individuals you will ever deal with. They do not operate for the best interests of anyone but themselves and they certainly do not protect parents or children. The problem is they interject their own personal bias into cases and they even sometimes fabricate evidence and make up information to accomplish their own personal bias. Many parents who know they are innocent feel they do not need representation because they believe these social workers will play fair, but they do not play fair and if they have ignored the evidence with your daughter's case and are not cooperating to reunify her with her children, you need to consider getting her an attorney because her next step is she has to file a petition for reunification in court and force child protection to come to court and actually prove that she is not fit to have her children. If they cannot prove she is unfit by clear and convincing evidence and the court finds she should have her children back, then she can also sue the social workers for violation of her constitutional rights in a civil rights action in federal court and seek monetary damages pursuant to the US Supreme Court case of Troxel v. Granville, 530 U.S. 57 (2000).
While Troxel involves grandparent rights, it is also a case that says a parent has a FUNDAMENTAL RIGHT (civil right) to raise and decide for their children and if the social worker took the children away without clear and convincing evidence she was unfit or the children were in danger, she can sue for civil rights violations and get money damages for the violation of her civil rights in taking her children unlawfully under the color of law.

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