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Hello, my name is Ms.Tate I have a open case with DHS., It will be 1 year come August. I have done everything I was order to do

Philadelphia, PA |

How ever DHS has failed 2 times in court by not having Documentation that was needed. I had all my paper work from every appointment attended. They could not answer any of the Child Advocate questions with a straight answer. They was held in contempt 2 times. They do not follow up with me on a weekly basic.I receive a phone call from DHS know more that 4 days before court will be approaching, asking to copy what paper work I have so they can note their files. They are hard to get a hold of when needed. They can be very nasty at times. They have stopped providing services that was Ordered by the courts. I am at the point of wanting to file a Law Suit against DHS by them failing to do their job correctly as a city employee that suppose to help families. & if so can you help me

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Attorney answers 3


You really can't sue DHS because, as a state agency, they have immunity from lawsuit and the individual agents are protected by virtue of their employment. The standard you would need to reach is way too high and would not help you in the end.

Ideally, what you should do is not provide them with copies of the documents and go into court, explain the situation to the judge, and ask that the judge seek to dismiss this action against you. Since I do not know the circumstances behind your case, I cannot predict with any certainty if a judge would be inclined to do so without more legal protection (it's always a dicey issue when DHS gets involved) so you should look into consulting with a private attorney in your area who handles custody matters and see what you can do. I would suggest getting an attorney so that you can finally be rid of DHS and get this over with and done.

This answer is provided as a general opinion to a question posted on an internet forum. This does not create in either party the expectation that an attorney-client relationship has been entered into between the original poster and the Law Office of Reid Seino, LLC. Any information provided should not be solely taken as legal advice but in the context of general information. Please seek legal representation for any specific legal questions.


Mrs. Tate, you really need to consult with an attorney to assist you in getting through this. There are many resources in Philadelphia for people who may not be able to afford a private attorney. Some of them are Community Legal Services, the Philadelphia Bar Association Pro Bono Program, and Philadelphia Legal Assistance. I've included links for them all. In addition, the law schools - Drexel, Penn, and Temple have programs as do some of the largest law firms. Just search for pro bono attorney Philadelphia. Good luck

Be sure to click Best Answer if you found this helpful. Disclaimer: Please note that this response does not in any way an attorney-client relationship between Kathryn L. Hilbush and the recipient. My responses are general in nature. They do not constitute legal advice. You are advised to consult an attorney regarding this and any other legal matters.


Ms. Tate, you indicate that you have an open case with DHS in Philadelphia and that they have not complied with court orders, nor assisted you. You state they have been held in contempt of court twice during the case.
At one time during my career I worked as a child advocate and parent advocate in Philadelphia. I understand your dilemma. However, it seems that the judge presiding over your case is trying to protect your interest by holding them in contempt. That is no small action taken by the judge, and it is rarely done, except in serious cases.
You might have an attorney appointed on your behalf already, who is doing everything he or she can do. If not, ask the court if they will appoint an attorney for you. Just continue the court cases with respect toward the court and the judge and I feel the judge will in turn respect you and rule in your favor, or hold DHS in more serious contempt. There are two sides to every story, and I am giving this advice based upon what you have stated in the post above. The actual facts may be different, which might call for a different answer. I wish you well.

Of course, this answer does not create an attorney client relationship and you should seek the assistance of a competent attorney to help you with this matter. The information presented is for general educational purposes only and there may be facts not disclosed which would call for a different answer.

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