CPS refused to take report of suspected child abuse, 11 months later child was removed from home by CPS. Do I have a case?

Asked about 2 years ago - Akron, OH

I am a non-custodial parent. I attempted to report abuse to DCFS hhotline, but was told "sir, this sounds like a custody issue, we can not help you. You need to contact an attorney" and the person hung-up on me...twice. 11 months later, a report was made by a panel of doctors to the same DCFS. Child was immediately removed and placed in emergency protective custody. Allegations were substantiated. I lost my job, house, everything in my pursuit to protect my child. I am now being treated for extreme emotional distress and PTSD relating to DCFS ruefusal to investigate or even take a report of abuse and dismissing me as a "disgruntled father who is simply unhappy with his parenting agreement"
Do I have a case against DCFS for ignoring my reports of abuse?

Attorney answers (1)

  1. Josh Lamborn

    Contributor Level 8

    Answered . You should consult with a personal injury attorney in you jurisdiction who specializes in child abuse. Your case for PTSD is likely not a case an attorney would want to take on as those are difficult cases and you would need to have a formal diagnosis and need treatment in order to recover any damages on that claim. However, it sounds like your child may have a cause of action against the agency for failing to respond appropriately to your complaints. This would need significant investigation to prove, but if the agency failed to follow its own rules or their files indicate that they were negligent in some other way, it may prove to be a good case.

    Answers submitted by this attorney posted on Avvo are not legal advice and under no circumstances form an attorney... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

26,930 answers this week

3,069 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

26,930 answers this week

3,069 attorneys answering