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Seeking attorney to sue dcf for violation of my due process rights and etc...

Davenport, FL |

I need attorney that handles sueing dcf and whoever esle that has been involved for taking my kids over hearsay. They filed a private petition with the courts. Went to hearing after that did not get to see my kids until 31 days later? Violation of the 72 hour? And more to come

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Attorney answers 3

Posted

DCF is basically immune from suit in the exercise of their child protection duties. They can be sued for children who are injured while in their care, but not for violating your right by removing your children.

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Posted

I agree with my colleague, because of the egregious abuses of children in Florida and other states, in an abundance of caution, the legislature and the courts allow for incredible flexibility under the law in dependency cases. I once had a dependency client who allegedly left a gun out in the open where it was accessible to his children. The abuse hotline report about the gun was made by one of the father's disgruntled relatives. Because of the false allegation, the court ordered a very invasive search of the home in what would have been otherwise classified as an illegal search.

DCF employees are not immune from lawsuits where children are abused or neglected in Foster Homes. There was a $14 Million settlement with Florida DCF over a case of that nature around 2007. The federal suit brought on behalf of 20 children alleged the DCF workers violated the children’s civil rights by depriving them of their rights to life, liberty or property provided in the 14th Amendment’s due process clause of the U.S. Constitution. The abusive foster mother Nellie Johnson received 60 years in prison for abusing the children that she had placed with her.

Asker

Posted

Immunity is full for DCF except when a minor is harmed or killed on their watch? Really? I thought there was some exposure for them, with use of federal court system? No?

Carolyn Mae Gramlich

Carolyn Mae Gramlich

Posted

No attorney has stated that DCF has full immunity. The above comments such as, "basically immune" and "courts allow for incredible flexibility" should not be interpreted as statements equivalent to DCF having absolute or full immunity.

Asker

Posted

Um, OK. I took the verbiage as pretty definitive. Apparently my error. I stand corrected.

Carolyn Mae Gramlich

Carolyn Mae Gramlich

Posted

Sorry if we did not make it clear :)

Asker

Posted

Also, curious what happened to the folks whose home was tossed without a warrant? Just had to 'take it?' If you feel free to elaborate. The 'we're right, you are (probably) guilty' stance by DCF is new to me; had no idea of this alternate universe until recently...

Asker

Posted

no you said they are immune to the 72 hour trial. is that true. i'm in mass with a dcf agent whos got the hots for my ex and is harassing me daily...the ombusmans office was create to stop that i thought. the agent i have thinks he's god. laughed at me said he could take my child at any time. so please be clear. who's holding their riegns because if you notice none of this ibecils have children of their own.

Carolyn Mae Gramlich

Carolyn Mae Gramlich

Posted

Hi, please have a consultation with a local family law lawyer who handles Dependency cases. That is the best way for you to discuss these issues ensuring confidentiality rather than posting them here.

Posted

I agree

Asker

Posted

wow...really. did you go to law school to learn how to say that

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