If DHS (Oregon) removes a child from the sole custodial parent with false and unsupported accusations, and the court finds those accusations false, can the DHS worker be held liable for not following DHS statutes? A DHS case worker did not verify ...
I'm afraid you aren't going to get the answer you seek in this forum. To determine if there was any wrong going you will need to hire an attorney who can review the DHS case record, the court's records, and the law and advise you. Generally speaking DHS workers cannot be sued for doing their job and their job allows them to remove children from a potentially dangerous situation before the allegations are fully vetted. This is because they would get sued if they left a child in a situation that was reported to be dangerous while they investigated and the child was seriously hurt or killed because they didn't remove the child immediately. This type of safety first, proof later approach is typical in all safety situations. So the DHS worker is given a lot of discretion to act first and ask questions later. What you are asking here is whether the DHS abused their discretion and we simply can't evaluate that here. Probably not, since the DHS worker has broad discretion to act on limited information and investigate later.
It is not completely clear whether the case has finished and the child has been returned to the mother or the case is continuing. Once DHS gets involved the process can be very slow and the parent under suspicion can be made to jump through a lot of hoops to satisfy DHS. The court appointed attorneys do the best they can and since the are in the juvenile courts a lot, they are in a position to know how the process works, but their position as court appointed attorneys means they are expected to handle a lot of cases and they can't put as much time into their cases as a privately retained attorney might be able to do. So if you really want to take on DHS for overstepping, you probably will need to hire a very experienced juvenile law lawyer and be prepared to pay a higher private retainer rate. Then you might get someone that will spend more time looking at what DHS has done critically. DHS has been taken to task for over stepping but I can't really tell you what the bright line is between allowable discretion and overstepping what the law allows.
Most people can't afford to pay full rates for a privately retained lawyer, so they do the best that they can with the court appointed attorney. The court appointed attorneys aren't bad attorneys. I worked on juvenile cases as a court appointed attorney early in my career. The attorney is usually allowed to see the confidential information that is gathered on the parent that is having problems and this is not shared with friends and family. Some records can't even be shared with the accused parent, they can only be summarized and discussed with the parent through their attorney. So there may be confidential information that supports what DHS is doing that you aren't privy too. That is why you will have to retain a private attorney if you want the matter fully investigated. (I do see that you mention psychological tests that were taken and had no merit, but we don't know who you are and how you would know that. If the mother is telling you this, it may not be completely accurate.) The bottom line is that no one reading your post on Avvo can really give you the answer you seek. Also it is not a good idea to discuss these highly personal cases on a public forum like Avvo so please don't response with a post containing more details. Consult a local attorney in private if you want to discuss this further.See question
When two people own a house but not married and one wants to sell his part ???
You will first need to meet with an attorney and go over the details of the partnership relationship, however informal. Joint ownership by people that aren't married is treated as a business partnership and absent a written agreement the court will have to determine the intention of the parties. There is a legal specifically for dealing with property when multiple owners can't agree as to the disposition, called a partition lawsuit. However if the partnership is actually a couples type of relationship without a marriage certificate, then it might be more appropriate to file a dissolution of a domestic partnership which can deal with other aspects of the couple's joint affairs including but in addition to the house. There are bound to be issues concerning debts and smaller types of personal property. There may be children involved. So a dissolution of a domestic partnership will work to more fully address all issues in dissolving the relationship. Although it sounds like a divorce for unmarried people it is not. You don't have the presumptions of joint ownership and joint liabilities that you would have in a divorce and there is no authority of the court to grant spousal support. However, one can allege just as in any business partnership, that the intention was to jointly share in the property acquired and the debts incurred. It will just require more specific proof as nothing will be presumed or assumed, as it would be in a divorce situation.See question
I currently have a probate attorney who did not give me a bill for over a year after repeated requests. When he finally produced the bill it was 26,000. and he told me it would double before the estate closed. I feel his bill is excessive
I would get a second opinion from another probate attorney first. If the opinion is that it is excessive then you can tell the court that you object to the bill. It is up to the Judge to approve or not approve the bill. You can also fire the attorney. Be aware that you will have to pay another attorney to fight the bill of the first attorney. Also the first attorney will bill for his time to defend his bill. You won't win just by complaining about the amount. You will need to show unnecessary work or negligence or incompetence.See question
In January 2016 I bought a home and my boyfriend and I moved in together. There is not a written agreement between us. He has never paid for rent or utilities. We were having problems and we agreed that he would stay with his parents while we work...
Since you own the house and he was never paying rent, all you need to do is change the locks, let him know that you no longer want to live with him and ask him where he wants you to send the rest of his things. Just change the locks, don't bother asking for the key back. It's safer because he can make a copy of the key before he gives it back to you. Changing the locks makes sure you are the only one with a key. (I don't think that you have evict him per the landlord tenant laws, but you might want to check that with a landlord tenant attorney just to be sure.)See question
a couple of months ago I was rear ended, on the freeway, by an unlicensed (illegal immigrant?) driver. Traffic in front of me, right lane to take exit, suddenly stopped. They didn't. Car is insured by owner, but the driver and passenger fled th...
As long as you have your own insurance you should be able to claim pain and suffering. The limitation on getting pain and suffering damages is when you, the injured party, doesn't have insurance at the time of the accident. So assuming you were insured, you first can use your PIP coverage to pay your medical bills. Then you will be able to make a claim against the person that was actually driving the car and the insurance of the owner of the car should kick in to defend and pay the claim because the insurance on the car is usually primary. If for some reason the owner's insurance says that they don't cover the claim, then you have your own coverage through your policy called UM/UIM and you can make a claim under your own policy for your damages including pain and suffering. Understand that the total damages you can claim is limited to the amount of insurance proceeds available to pay the claim. Hopefully you have both the policy of the owner and your own UM/UIM because as of January 2016 the law in Oregon was changed to allow you to get the combined amounts for the liable driver's policy PLUS your coverage for UM/UIM of the damages exceed the first policy.
Dislocated ribs are extremely painful. Chiropractors typically look for subluxations, which are movements of bone and joints out of their normal position, but this is not as painful and deblitating as a completely dislocated rib that has to be forcefully shoved back into place. https://healdove.com/injuries/A-Complete-Guide-to-Dislocated-Ribs-Symptoms-Treatment-and-Causes
Regardless of what type of dislocated rib you had, you were injured and you are entitled to some type of renumeration. It is extremely important that you hire an attorney to help you. Insurance companies are in the business of not paying claims and they are very skilled at avoiding paying out money. You need an experienced auto accident lawyer to help you to get the amount you deserve.See question
A judge decides an amount is a fair punishment. Then the court sells the fine to collection that adds charges and interest. Under what interpretation of what law is this legal?
A fine is just a debt you owe to the State (not the particular court.) Court's don't want to be in the collection business. Selling the debt is just one way of hiring an agency to collect the debt. There is nothing wrong with it. Any defenses you have against the debt being imposed you still have - the rule of law is that any defense one has against the primary creditor they still have against the assignee of the debt. Whether the fees and interests are allowable under the law, depends on the facts surrounding the debt. Normally any judgment in Oregon will have an interest rate of 9% unless the debt is based on a contract with another rate of interest specified. Certain costs of collection are allowed by Oregon statute. So if you want to know if the fees and interest are allowable, take the paper work you received to an attorney to discuss this.See question
2 weeks ago a driver hit my parked car in the parking lot of my apartment. They tried to leave but me and my husband called the police and they stayed. They had no car insurance of their own and the car they were driving wasn’t even theirs, it was...
If you have full coverage, just use that and let your insurance company deal with the other driver and the other insurance company. Your insurance company will be pretty aggressive and you might eventually get reimbursed your deductible.
If you don't have full coverage see an attorney. For damages less then $10,000.00 a demand letter under ORS 20.080 is very effective. I suspect that there is coverage under the owner's insurance but I can't guarantee it. Usually the owner's car insurance is primary under Oregon law. It is not uncommon for insurance companies to try to use coverage issues to get out of paying for liability. Your attorney will need to read the policy and read the Oregon insurance code. An insurance policy under Oregon law has to contain the minimum requirements for auto insurance proscribed by Oregon Law and even if the policy doesn't state that coverage, it will be required to cover what Oregon law says it has to cover. So there may be some research that is needed here.
Now there could be another insurance issue if the person driving was a member of the owner's household and wasn't listed on the policy. Insurance companies can exclude household members that weren't declared and added to the insurance policy. This is an exception that many people aren't aware of. The purpose is to protect the insurance company so that if someone is living with the car owner and they have a bad driving record, they must be added to the policy so the premiums can be increased to account for the higher rise they pose as driver. It is assumed that when someone lives in the household the odds of them driving the car of the insured increase.See question
I bought a house before I was married. I am the only owner listed. My husband destroyed my house and caused significant damage. When I spoke to cops and dispatch, they told me he was allowed to destroy my home because it was considered 'community ...
Oregon doesn't have community property laws and in any case that has nothing to do with what is going on. Your husband can be sued for destroying property you have an interest in whether your interest is 100% or 50% because the damage still hurts your interest. What the cops are really telling you is that they don't want to get involved by pushing criminal charges against your husband. They are telling you that you need to seek your own remedy through the courts.
Whose name is on the property doesn't determine whether or not there is a marital interest in the property. If you file for divorce, which sounds like a good idea, the court will look at all the circumstances in the marriage. Oregon uses a presumption of equal contribution for determining whether property is marital property or not. For property owned by one party before the marriage, the court will typically assign the value of the property at the time of the marriage to the spouse who owned it, but will consider the increase in value after the date of marriage as the marital property portion under the assumption that it was the joint efforts of the spouse from the date of marriage forward that contributed to the increased value. Understand that a marital contribution includes efforts by the non-owner spouse to clean and maintain the house and overall helping with the household. It doesn't require the non-owner spouse to actually pay the mortgage. Even paying other bills is deemed to be helping because that means fewer bills for the owner spouse to pay, leaving more money to pay the mortgage. So worst case scenario, your spouse will be entitled to 1/2 of any increase in the equity since you got married. You can however try to prove to the court that your spouse didn't contribute equally to the marriage. His destructive behavior is probably evidence of that although I don't know the entire picture of how he has been during the marriage. But you can try to convince the court that he shouldn't share in any appreciation. Of course if the value of the house has gone down, there probably isn't anything to argue over as you should at least get the value of the house at the date of marriage. You might need to get the opinion of an appraiser to establish that.
Bottom line, you won't get anywhere with the police if you are trying to teach your husband a lesson. This is a toxic relationship and it is time for you to bail. See an attorney and figure out what the economic consequences of a divorce are likely to be and get it over with. Get counseling if you think that you want to stay in this relationship "if only he would change it would be perfect", because you need to figure out why you would consider staying with someone that behaves this way and confront your fear of whatever it is that keeps you there.
FYI the best way to protect one's property going into a marriage is a prenuptial agreement. Then the presumption of equal contribution won't apply. It's too late for this unless you already have such an agreement and it was done before you got married.See question
the will read to be sold and split three ways my sister would not sell it in fact she asked to move in the 6400 square ft home there are to other trailor house on the property my brother lived in one for 4 years prier being in constuction I lost ...
This is so poorly written that I can't follow what you are saying. You will need to rewrite this and do a new post. Why don't you get some rest and try again tomorrow. This also doesn't sound like a guardianship case. Did you mean that this is an inheritance situation? Try posting under probate or under real estate.See question
I have already attempted to collect, waited the grace period, and still nothing. I was told I could file with the circuit court. Do I need to file an Enforcement of Judgement? Thank you for your help!
There isn't a form specifically for collecting medical reimbursement from the non-custodial parent. You can file for a show cause hearing for why the NCP shouldn't be found in contempt for violating a court order. You might also try contacting child support enforcement since medical can be included as part of child support. I assume that this reimbursement is for the co-pays or deductibles that were supposed to be shared.See question