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You also have the right to due process under the Fifth and 14 th Amendments. If a DCF caseworker takes your child without a good faith belief that the child is in immediate danger, even temporarily, then your child has been “unreasonably seized" in violation of the Fourth Amendment.

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You have the right to be free from unreasonable searches and seizures under the Fourth Amendment. When DCFS is involved, two federal rights come into play more than others: the right to be free from unreasonable searches and seizures, and the right to due process. This is the harder of the two elements to prove. The first element is a violation of your federal rights.

The violation was committed by someone acting under “color of law".

There was a violation of your Constitutional or federal statutory rights (a civil rights violation).

section 1983, you may sue DCF if you can show two things: Under a particular federal statute, 42 U.S.C. This example illustrates two possible claims that can arise against DCF. Your reaction to a nightmare like this may be to call a lawyer. Although a judge ultimately finds the neglect claim to be baseless, it takes two weeks before you get your kids back. The police come, take your kids away, and put them into temporary foster care. The caseworker decides that your kids are at extreme risk of serious harm - they could get hit by a car, after all - and contacts the police. You do your best to cooperate, but you don't like where this is going.

Do you always let them play alone in the street?.

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You get a long series of questions that include: “I'm here to investigate a report of child neglect." You have no idea what they are talking about.

You open it and find a DCF caseworker, first day on the job, standing on your porch. They are riding their bikes in the street. You see your two kids through your kitchen window. Of these, about half were found to justify DCF intervention. In 2019 alone, DCF agencies nationwide received about 4.4 million referrals for about 8 million children. "Any recent act or failure to act on the part of a parent or caregiver that results in death, serious physical or emotional harm, sexual abuse, or exploitation, or an act or failure to act that presents an imminent risk of serious harm."īy the age of 18, more than one in three children are involved in a child protection investigation. States define abuse and neglect differently. How Many DCF Maltreatment Cases Are There? In this article, we focus on claims against DCF that arise out of alleged abuse or neglect. It may go by different names (such as Child Protective Services (CPS)) depending on where you are.įindLaw has more information about suing CPS in the article linked here and a blog about suing CPS for emotional distress linked here. What Is DCF?ĭCF is the name of a state agency that is responsible for child protection. Strongly consider getting the legal advice of a skilled civil rights attorney or a personal injury attorney (some practice law in both areas). These cases are more complicated than your typical personal injury case. You would need to show either that DCF violated your civil rights or was grossly negligent. Yes, in certain situations you may be able to sue the Department of Children and Family Services (DCF).