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JD 1992
JD 1992, Attorney
Category: Personal Injury Law
Satisfied Customers: 33554
Experience:  Board Certified Specialist in Personal Injury Trial Law, Member of Million Dollar Advocates Forum
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I am an adoptive parent, of a 4 year old. Her biological

Customer Question

I am an adoptive parent, of a 4 year old. Her biological brother was killed at the hands of her parents both are in jail serving time for the death of her brother. We recently found out that there were 4 CPS investigations and this 7 year old child still died with CPS taking no actions. In addition, our daughter and her half sister have reported sexual abuse at the hands of the jailed parents as well. In both cases, the children's psychologist filed reports, but CPS said they didn't have enough to go. Their biological father will be out of jail in less than 5 years. We were told off the record that CPS workers were afraid to enter the home at the time of the abuse. So they rushed to close out the case. We just don't understand how CPS could come out 4 times, with a 24 month period and this young man still die
JA: Is this a civil court case or criminal court?
Customer: We are wondering if there could be a potential for a civll wrongful death suit against CPS and the biological parents
JA: Has anything been filed? If so, what?
Customer: Both parents rights have been terminated but no we have not filed any wrong death or other civil proceedings
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 10 months ago.
Category: Personal Injury Law
Expert:  JD 1992 replied 10 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Expert:  JD 1992 replied 10 months ago.

There is the potential for a wrongful death case but these are generally very very tough under the facts you describe. When did this happen and in what state?

Customer: replied 10 months ago.
thank you
Expert:  JD 1992 replied 10 months ago.

You're welcome.

When did this happen and in what state?

Expert:  JD 1992 replied 10 months ago.

It matters because some states have certain notice requirements, which are very short times, and if you miss them then the case can't be pursued.

Customer: replied 10 months ago.
This occurred in Michigan
Expert:  JD 1992 replied 10 months ago.

There is a requirement that notice be given to the state within a shortened period of time (as short as 180 days) and a formal claim must be filed within six months and suit must be filed, usually, within 2 years if the claim is rejected.

THe claim would have to be on behalf of the child's "estate" (even though the child didn't actually own anything, the estate owns the right to sue) and potentially the child you haev adopted.

These cases, and I have been involved in several, are extremely complex because they involve not only torts but also state and federal civil rights issues. Most of these cases involve 20k-50k pages of documents that have to be gone through "with a fine toothed comb".

If you want this pursued then you need to immediately contact a lawyer. You can find one at www.lawyers.com and in the section for Area of Practice enter Personal Injury or Wrongful Death. That should give you two lists of lawyers in your area. At that point it is a matter of finding one with whom you are comfortable. They won't charge for the meeting and if you hire them they will do the case on a %.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.

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