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Law EDU; Been a while. Getting the Appeal implemented

Law EDU; Hello again! Been a while. Getting...
Law EDU;
Hello again!
Been a while.
Getting the Appeal implemented timely.(I've put in a request,as a lawyer here for you was saying to do, for an adjournment to make it just right/perfect, for such strong persuasive arguement in our brief,being perfected as we speak. I have query for you today, sir.Are you available?I see you're on,so just making sure,thanks!"
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Answered in 7 minutes by:
10/16/2017
Law Educator, Esq.
Category: Legal
Satisfied Customers: 126,941
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

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Customer reply replied 10 months ago
I will attach one second thank you. *****
Read carefully prior to submitting answers.Question is:
We went over prior, over the years insofar as:
>Parent rights when not terminated, the rights of the parent et.al.,
>Troxel v.Granville et.al., few other notable cases, paramount to such win when suing a state worker, for state/federal violation, involving child/parent severed bond,premise on the unlawful actions of child protection workers.Question:
When going up on appeal
(see attachment) a lawyer with such prowess, is there for me.
He has already read all the answers you're able to share with me per request.I was wondering as we prepare to get this much warranted brief implemented to persuade
Appellate court, to do what is right, God-Willing:CPS employee being sued has stated that she cannot be held accountable, premised on:
-The child remained in "dad's legal physical care."Therefore since the child was "not placed back in state custody and care, he or she can't be held liable for anything.
Judge agreed?
-
Worker cites, "It was totally out of my hands, to reunite MOM and child, even though mom rights were not terminated, and hence, we are not liable for anything?" Judge again agreed reciting what state agency said, "NOTHING state worker could do at the time."and her actions/acts were reasonable.
-However:(Read attachment)Dad, shockingly told officer and agency worker, "I've signed over my parental CUSTODIAL right of my daughter to a man by the name of _________.[End Quote]
-
Dad, at this point was letting the authories known.
Not at any time i've received notice to attend court that much sooner,and have a state worker, work with me to procure custody knowing i was in court for almost a decade,spending six figure's to procure custody-return of child, ,State woudl have had to intervent when dad did such a thing, in order to assist in the new placement of the child.
-
A parent cannot just "give a child away to a foster care parent, without the permission and or the knowledge of the state agency,and or a judge in an OPEN CPS case.
Out of 10 caseworker's sued, discovery file and overlooked by judge who erred(lawyer with 25 yrs civil / constitutional right law experience assisting agreeing that at the least, 1 or 2 defendants names are ***** ***** over, police departmental reports; medical reports, and it is clear the specified workers for the agency/state knew, the child was not where she was supposed to be, hence not with dad"doing well at all,but bounced from foster care treatment home, from home to home,for years.As a result, she was badly gruesomely harmed, UNDER state supervision."I would love your feedback thorough answer on such relevance,,thank you."
-
NOTE:
The lawyer who is helping me(not fully representing me)But enough.and i appreciate it.He was citing(read attachment)how CPS, as i have said many times, would have had to intercede, on behalf of the child,(if it ever came to light the child was not at the father's residence, and or if the child was being feasibly abused in dad's primary care et.al.,)the file show in discovery how the child was at least 1/2 dozen times removed, and placed in foster care homes, "treatment foster parent' home."and or hospitalization time and time again.Thank you.

Thank you for your reply.

Well, once rights were terminated, if CPS did not place the child the worker could not be liable. The CPS social worker is liable for improperly placing the child and even for lying to improperly terminate the rights. Those would be civil rights violations directly on the CPS worker.

They could not return a child to a home of a parent whose rights had been terminated, but if they improperly terminated those rights they certainly could be liable for that improper termination of the rights. Immunity does not extend to the social worker personally who lied or fabricated evidence or failed to protect the child from abuse despite reports and evidence and was grossly negligent in performing their duties.

The CPS workers are liable for monitoring the foster homes and you need to figure out which ones did that. They would be liable for not properly supervising the homes, but not generally for the conduct of the foster parents, the foster parents would be named as defendants as well.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 10 months ago
Hi. i am just back online.
i actually was away from my I phone, and computer on the phone with lawyer, you're aware of now, and 1 thing Law Edu;
>My rights again were never legally, at any time terminated, as i think you said, they were?No.My rights were not terminated.
Judge erroneously cite, "There was nothing DCPP,DYFS workers could do because "cps said mom right was terminated."So there was nothing re:reunification in the home, that cps can do.Termination mean"this would have naturally LAW EDU, would have easily freed up a caseworker from having to:
-reunite in the home of the bio-parent."
-
>I recall you were citing, "My saving grace months ago last spring(may 2017)was how the 1 bombshell new document found in the overlooked discovery not seen by me, til march 2017"after"summ judgement was filed, saying how "dad" and it was known to dcp&pdyfs dcf, the worker knew dad" had at least in 2009-2010 signed over his "custodial rights" to a stranger a man who turned out to be a foster father."Yet, the judge said, "cps acts were reasonable?"'I was never informed, as you read in the docs presented here, for your answer.I was not given my due process to be in court and requesting when such shocker took place, to return my child to me, prior to a stranger/.a man who was procuring custody of my daughter, when my rights again were not terminated.
-NOTE: "We would have to ascertain which worker"did not properly monitor the home, that led to my child being able to get away, out of the foster home/and then raped, outside the foster home?"
I think i understand that over the years. But again, judge is citing,"Nothing state worker could've done since MOM rights were terminated. They were not at any time, for a decade terminated....Thank you sir."I await your response."

Thank you for your reply.

If CPS lied about rights being terminated, then that is the violation by the social worker of your civil rights. So that is where they become liable and where you need to focus on the fact they knew your rights were not terminated and lied about it (gee big surprise CPS social workers lying).

You were denied due process in that they purported or lied about terminating your rights to deny you due process, which is another civil rights violation of the case worker who did this.

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Customer reply replied 10 months ago
On the Constitution again sir:
Should we/can we argue the actual 14th amendment violation insofar as one's liberties, freedoms
in regarding my right to have my family in tact/under 1 roof, to raise my child without being "deprived?"
I know the judge was citing during "Motion to Dismiss early on few yrs ago in 2013-2014 he did yes agree"
there is feasible culpability here/and a federal violation for damage(s)if it can be proven, the state worker, had
-intentionally conspired to violate parent right to child.
-knowingly mislead the state family court during such proceedings et.al.,
-knowingly mis-state the child "true condition"time and time again et.al.,
Yet, new decision fast forward last spring 2017 shockingly, judge said, "Each one of these caseworkers acted reasonably and how my then, civil rights injury lawyer, failed to "cite/pin point who did what, who was in charge of child during foster care placement et.al.,"who failed to reunite mom and child, and he blame lawyer citing, "expert report also was not furnished."
Which constitutional right would i want to challenge/should challenge on appeal?I am guessing fourteenth amendment though, but i will wait for your answer, thanks.thank you.

Thank you for your reply.

Well, under Troxel, as we discussed the Supreme Court made this a civil right, it was never under the 14th amendment specifically, but in Troxel the court did say that it was tantamount to a violation under the 14th amendment without due process.

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Customer reply replied 10 months ago
LOL *chuckle* @ (Gee, a big surprise!) IKR.(i know right) and yes, Counsel.C.P.S.
for almost 1/2 or more of their submitted brief(s)remained focused on:
-
>State agency was not responsible or its individual workers, since after all mom rights were terminated.">Agency employees were also stuck on, if you glean over attachment, as the lawyer said, what will also feasibly militate a reversal at the higher court of (Federal)Appeals insofar as:(I've underscore what lawyer has cite sir, just in case you overlook such i will share here:DUTY OF STATE TO NON-CUSTODIAL PARENTThis includes a duty of notification under appropriate circumstances. This is of obvious relevance, and it undermines the district court's key finding that the state defendants acted reasonably. At a minimum, the non-custodial parent could have been notified of the extremely unusual circumstances. I have not seen in the papers any justification offered for their failure to give notice.
Extreme is exactly what happened to my child:
-Gang rape.
-Verbally/Emotionally abused at each time(by a male foster father, in which DAD furtively signed his custodial rights to this abusive foster parent, and yes, again CPS employee(s) had to know,as the police dept.cited such; and this was again not shared with me, in an OPEN CPS case,where proceedings were taken place. I had no idea.
-Also, mind you, LawEdu,;
the judge got all of the facts wrong.
the judge who should have known by now the complete posture of my case, were adjudicating/citing the wrong facts and applying such law insofar as why "summary judgement must fail."Had numerous facts wrong.
-
It was like he wasn't even reading what has transpired over the years at all, and just wrote what the state agency had said.(Can we invoke this to the Appeals court?)He was citing things that were not even a part of the case!(I.E., child was removed premised on a bike incident, and had to go across a highway, at only 7 by self.)This never happen LAW EDU; and this was never a part of my entire case. He is applying such law, to information that was not again part of the case.
-
Thank you!

The state agency is not responsible under law based on their immunity, but the social workers can be and are liable for civil rights violations.

The most disturbing part is the fact the judge recited all of the facts wrong and you have evidence to prove the facts were wrong, so on your appeal you will have to state each incorrect fact together with the evidence proving it is wrong.

Law Educator, Esq.
Category: Legal
Satisfied Customers: 126,941
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Customer reply replied 10 months ago
Thank you. Appreciate it.
Will utilize J.Answers again in the very near future.
Good night! OH! I accept the answer.
G-night.

Thank you.

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