Wednesday, December 19, 2012
I want to sue my Foster care agency for Defamation of My Character, False Accusations, Discrimination. How can I proceed ?:
Q: I am a parent who has an ACS case and my children have been wrongfully Taken away from me under False accusations , I was charged with Neglect on my oldest son back in 05 but it was a minor case until 06 after my second son was born and taken away from me 5 days later due to false accusations that i left my son alone in the shelter , that situation was never proven and both of my sons were adopted by 2008 . Ever since i got an ACS case my foster care agency in Queens Forestdale Inc has been non cooperative with me for the past 7yrs , they have been Discriminating against me due to me being learning disabled and hearing impaired since birth . I want to bring out a Lawsuit for Pain and suffering due to all 4 of my sons being put up for adoption without me knowing & understanding my rights.
David’s answer: Prior to being able to bring a lawsuit, the attorney would need to assess whether there are court findings that you committed child neglect. Moreover, the attorney would need to see whether the court terminated your parental rights. If this occurred, then the issue of whether the agency dealt fairly with you or not needed to be raised & proven in the underlying Family Court case. If you have court findings that the agency made "reasonable efforts" to reunite you with your children & this failed due to your own actions/inactions, then your only remedy would have been to appeal, not file a lawsuit. -- David Bliven (www.blivenlaw.net)