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    armandoalejos's Avatar
    armandoalejos Posts: 10, Reputation: 1
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    #1

    Apr 26, 2010, 01:03 PM
    I need to sue dcfs in southern CA
    The Children were removed from there mother in October 2009 and place in my care. DCFS have been involved 22 times in the last 6 years and now in children's court. 2 years ago there was a TDM safety Plan for her and husband. I was denied to participate because the case was not against me. Two years later and 18 police incidents they both were arrested but no charges were filed it was mutual combative. I cooperate with DCFS but my opinions are never taken to consideration. I have contacted board of supervisors they forward it to DCFS administrator, then AR DCFS and so on. My children are still being impacted.

    Now DCFS received a call (the mother) in stating that Katia and I are being neglectfull false allegation. It is not the first time she has done this 4 years ago she stated I was forcing the children to watch porn. Ridiculous and now again I want to sue them so other famillies don't have to go through this. I want the funds go to establishing a Non-profit to raise awarness and change legislation and assign attorneys for parents who really are not abussing the children.
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #2

    Apr 27, 2010, 09:29 AM
    Quote Originally Posted by armandoalejos View Post
    The Children were removed from there mother in October 2009 and place in my care. DCFS have been involved 22 times in the last 6 years and now in childrens court. 2 years ago there was a TDM safty Plan for her and husband. I was denied to participate because the case was not against me. Two years later and 18 police incidents they both were arrested but no charges were filed it was mutual combative. I cooperate with DCFS but my opinions are never taken to consideration. I have contacted board of supervisors they forward it to DCFS administrator, then AR DCFS and so on. My children are still being impacted.

    Now DCFS received a call (the mother) in stating that Katia and I are being neglectfull false allegation. It is not the first time she has done this 4 years ago she stated I was forcing the children to watch porn. Ridiculous and now again I want to sue them so other famillies don't have to go thru this. I want the funds go to establishing a Non-profit to raise awarness and change legislation and assign attorneys for parents who really are not abussing the children.
    You cannot sue DCFS for doing their job. You may have a case against the mother, if she is repeatedly contacting DCFS and making false claims against you and your partner(I assume "Katia" is your partner?).

    Is there any consistency with the claims she is making - does she make them after she sees the children, after you have an argument, after she and her husband argue, etc?

    What does your court order say regarding visitation? How old are the children? Is there a guardian ad litem assigned to your case?
    armandoalejos's Avatar
    armandoalejos Posts: 10, Reputation: 1
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    #3

    Apr 27, 2010, 12:11 PM

    The visitation are scheduled 1hr fridays and 2hr sundays with her sister being the monitor. Yes she makes a claim on me when she is mad. The problem is that DCFS cannot disclose who filed it.

    I don't want to sue for them doing there job. To sue for their neglegence and the attorney that children's court asighn I feel he lacks the experience. I have emails to track have in case I ever need to use it to protect myself for DCFS neglegence.

    The ages are 14, 12 and 7. The middle child is currently being diagonosed it looks like he might have bi-polar and ADHD. Outstanding grades but very violant and makes threats, it looks like I am the only one who has him under control. The 14 year old has a hard time talking about the situation. He lacks skills in communication. The little one is just confused and sad. All 3 have been going to counseling since they were placed in my care.

    What is a guardian ad item? The children do have attorney assign to them.

    The DCFS attorney is saying that it all this now is a custody battle. All I care is for the welfare of the children. If I knew she was an appropriate mother. I would put my feelings to the side. Settle for what ever custody plan. Just so the children would not be damaged any more. They are the ones suffering.
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #4

    Apr 27, 2010, 12:19 PM
    Quote Originally Posted by armandoalejos View Post
    The visitation are scheduled 1hr fridays and 2hr sundays with her sister being the monitor. Yes she makes a claim on me when she is mad. The problem is that DCFS cannot disclose who filed it.

    I don't want to sue for them doing there job. To sue for their neglegence and the attorney that children's court asighn I feel he lacks the experience. I have emails to track have in case I ever need to use it to protect myself for DCFS neglegence.
    Negligence on what grounds? What are they being neglectful of?

    The ages are 14, 12 and 7. The middle child is currently being diagonosed it looks like he might have bi-polar and ADHD. Outstanding grades but very violant and makes threats, it looks like I am the only one who has him under control. The 14 year old has a hard time talking about the situation. He lacks skills in communication. The little one is just confused and sad. All 3 have been going to counseling since they were placed in my care.
    Years ago, I never would have suggested therapy for children but I now feel it's a very important tool. Not for everyone but certain circumstances require additional help, and I feel that yours is one of them.

    What is a guardian ad item? The children do have attorney assign to them.
    A guardian ad litem is a court-appointed attorney for the children. Typically, the GAL will meet with the children and speak to anyone from DCFS.

    The DCFS attorney is saying that it all this now is a custody battle. All I care is for the welfare of the children. If I knew she was an appropriate mother. I would put my feelings to the side. Settle for what ever custody plan. Just so the children would not be damaged any more. They are the ones suffering.
    I agree; the children are the ones taking the brunt of this. I can sympathize with what you're going through, much more than you know.

    My original statement still stands. You cannot sue DCFS for investigating a complaint - that is their job. Eventually, they'll get to the point that they know the mother is wasting their time.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Apr 27, 2010, 01:10 PM

    You have no grounds to sue.
    armandoalejos's Avatar
    armandoalejos Posts: 10, Reputation: 1
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    #6

    Apr 27, 2010, 05:13 PM
    Quote Originally Posted by JudyKayTee View Post
    You have no grounds to sue.
    Thank you for the advise but I have had bad experienced with attorneys. Spent all the savings I had... now the children are still in the same boat 6 years ago... this is why I am here.

    Example: On 4-19-2010 Mother change my 7 year old communion from 930 to 1130. I was informed by the director of religious ed, I asked her to please change it back to the scheduled time.

    I notified DCFS the supervisor of the case of what happened.

    4-23-201 mother requested an exparte to participate.. the reason is that there is a RO that was placed from her for me and all the children. Well needless to say children's court judge granted her to attend but to keep a distance of 25 feet.

    4-25-2010 she never showed up to the communion... now she claimed that I changed the hour of the confirmation on 4-23-2010 so she would not participate.

    4-27-2010 I was informed if I could go and as the director to type a letter stating Debra called and changed the original appoitment. I explaned to them that I called on 4-20-2010 and advised them of the change she did. I also spoke to them and discussed of what was going to take place on Sunday and advised them of the scheduled mass.

    This is what continues to happen and this why I send email with what is going on with DCFS to the Administrator.

    This is why I wish I can sue, if an attorney can take this and case is herd and there is monitory compesation. I am willing to let the attorney receive 70% and 30% is to be used to set up non profit to assist families in custody issues at free of charge or extremely low cost. Looking out for the best interest of the children and law need to be changed
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #7

    Apr 27, 2010, 07:43 PM
    Quote Originally Posted by armandoalejos View Post
    Thank you for the advise but I have had bad experienced with attorneys. Spent all the savings I had... now the children are still in the same boat 6 years ago... this is why I am here
    I don't understand your question. You want to sue DCFS for what you feel is negligent behavior... what does hiring an attorney have to do with DCFS?

    Example: On 4-19-2010 Mother change my 7 year old communion from 930 to 1130. I was informed by the director of religious ed, I asked her to please change it back to the scheduled time.

    I notified DCFS the supervisor of the case of what happened.

    4-23-201 mother requested an exparte to participate.. the reason is that there is a RO that was placed from her for me and all the children. Well needless to say children's court judge granted her to attend but to keep a distance of 25 feet.

    4-25-2010 she never showed up to the communion... now she claimed that I changed the hour of the confirmation on 4-23-2010 so she would not participate.

    4-27-2010 I was informed if I could go and as the director to type a letter stating Debra called and changed the original appoitment. I explaned to them that I called on 4-20-2010 and advised them of the change she did. I also spoke to them and discussed of what was going to take place on Sunday and advised them of the scheduled mass.

    This is what continues to happen and this why I send email with what is going on with DCFS to the Administrator.
    You're mixing two different issues. DCFS has nothing to do with your custody case - their job is to investigate allegations of neglect and/or abuse. The mother changing appointment times is not something that has anything to do with DCFS.

    What does your custody agreement state? I assume that you have sole custody, as you already stated that the mother is on supervised visitation. All you need to do is provide your children's teachers/doctors/principals/etc. with a copy of that agreement which shows that the mother has no legal right.

    This is why I wish I can sue, if an attorney can take this and case is herd and there is monitory compesation. I am willing to let the attorney receive 70% and 30% is to be used to set up non profit to assist families in custody issues at free of charge or extremely low cost. Looking out for the best interest of the children and law need to be changed
    Sue who for what? What has DCFS done that you feel you'll be compensated for?

    What law "needs to be changed"? You have no case against DCFS because they have done no harm to you or your family. Personally, I think you sound very angry and because you can't make your ex pay, you're looking to blame anyone possible - including people who are just doing their job.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #8

    Apr 27, 2010, 07:53 PM

    Like the others, so far I have not seen any instance of negligence on the side of DCFS. Yes the mother is playing games, but that's not DCFS' problem.
    armandoalejos's Avatar
    armandoalejos Posts: 10, Reputation: 1
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    #9

    Apr 27, 2010, 09:10 PM

    DCFS has allowed the same monitor to still be a monitor when she had broken the rules 7 times in the past 3 months, every single time has been reported and the monitor had been given an ultimatum and, yet she still breaking the rules and still being allowed to monitor. Also, DCFS scheduled a TDM to both parties on the same day and time knowing that there was a restraining order against the mother putting me (the father) in danger. DCFS also failed to protect the 3 children and myself from being exposed to emotional and physical abuse when the mother of the kids intentionally tried to run me over with her expedition at the DCFS's parking lot in precence of my children (we were actually walking together), I submited a report to them expecting them to do there job and report the incident properly and they did nothing and 'til this day they still allow the mother to visit and to participate in school and church events knowing that I will be there and giving her a chance to hurt me, my children and my fiancée. DCFS has also broken the rules that they had put themselves as for the hours and times of visits and failed to communicate apropiatelly with me about changes they make regarding visitation at the last minute, when there shouldn't be since we had already set visitation hours and times at a TDM and it hasn't been followed as it was said and agreed to by both parties and DCFS members together. I don't know what to do anymore I really fear for my life and my children's wellbeing; so, if there is someone that can advise me or refere me to someone that can I will trully appreciate it.
    stinawords's Avatar
    stinawords Posts: 2,071, Reputation: 150
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    #10

    Apr 27, 2010, 09:27 PM

    Okay, what country are you in? I'm going to guess the U.S. but I don't think you are originally from here (no offence intended but that is what I'm gathering from how I am reading your posts). Again I agree with above posters in saying that you are confusing DCFS with the police, the mother, and the court. If you are having problems with visitation then you have to go back to court. DCFS can not change the visitation or custody a judge has to do that. Now, the reports that DCFS make can be used in court but still you have no grounds to sue anyone but the mother. If she tried to run you over then you call the police and make a report not just tell DCFS. If there are problems with meeting times between you and your ex then that needs to be pointed out and maybe even show them a copy of the RO. You can't just expect them to do everything. While they do have somewhat of a good amount of power they are not the court. The judge is the only one that can make things final legally.
    armandoalejos's Avatar
    armandoalejos Posts: 10, Reputation: 1
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    #11

    Apr 27, 2010, 09:42 PM

    I was born in the us and reside in California. Served my country during desert storm and freedom.

    There are two courts there is Family Law and Children's court.

    When DCFS is involved they are investigating. But when the case is open in Children's court by DCFS. Children's Court over rides any court order from familly law. Children's court depend on the social workers assigned to the case to report back to children's court. What is recommended from worker to worker varies. It is a nightmare and a pain in the butt. It could be just me.. but I feel the courts in California give preferential treatment.

    I really do appreciate all the responses believe me it has been a struggle.

    Thank you
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #12

    Apr 28, 2010, 03:52 AM
    Quote Originally Posted by armandoalejos View Post
    DCFS has allowed the same monitor to still be a monitor when she had broken the rules 7 times in the past 3 months, every single time has been reported and the monitor had been given an ultimatum and, yet she still breaking the rules and still being alowed to monitor.
    DCFS is allowed deal with their employees any way they see fit. I would suspect they can justify keeping the employee on against their internal procedures.

    You can try to sue, but it will be an uphill battle. It will take years and lots of money before this ever gets to trial, if it does. I think you would be wasting your money and energy which can be better used to protect the children.
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #13

    Apr 28, 2010, 06:40 AM
    Quote Originally Posted by armandoalejos View Post
    I was born in the us and reside in California. Served my country during desert storm and freedom.

    There are two courts there is Family Law and Children's court.
    Can you post your source for this information? I cannot find anything separating Family Court from issues involving children.

    When DCFS is involved they are investigating. But when the case is open in Children's court by DCFS. Children's Court over rides any court order from familly law. Children's court depend on the social workers assigned to the case to report back to children's court. What is recommended from worker to worker varies. It is a nightmare and a pain in the butt. It could be just me.. but I feel the courts in California give preferential treatment.

    I really do appreciate all the responses believe me it has been a struggle.

    Thank you
    Preferential treatment to who? You continue to make blanket statements and never explain them.

    Just because DCFS made an appointment with you and the children's mother at the same time does not put them at fault. They are not responsible for the mother's actions. If she tried running you over, you should have called the police - DCFS has no part in any of that.

    As I - and numerous others - said before, there is no case against DCFS. You somehow feel that because the mother is unstable, DCFS should simply not do their job and investigate the complaints that are made. When a new worker is assigned, do you tell them each time that this has already been investigated? Do they check with the previous workers to see what the outcome of the situation was?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #14

    Apr 28, 2010, 08:19 AM
    Quote Originally Posted by armandoalejos View Post
    I was born in the us and reside in California. Served my country during desert storm and freedom.

    There are two courts there is Family Law and Childrens court.

    When DCFS is involved they are investigating. But when the case is open in Childrens court by DCFS. Childrens Court over rides any court order from familly law. Childrens court depend on the social workers assigned to the case to report back to childrens court. What is reccomended from worker to worker varies. It is a nightmare and a pain in the butt. It could be just me..but I feel the courts in California give preferential treatment.

    I really do appreciate all the responses believe me it has been a strugle.

    Thank you


    There is a Children's Court in California; there is Family Law in California. Children's Court determines issues according to Family Law so I'm confused by what you are saying.

    All of this is interesting but I see no lawsuit here. For the sake of discussion - you can only sue for damages. What is the dollar amount of your damages here?
    stinawords's Avatar
    stinawords Posts: 2,071, Reputation: 150
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    #15

    Apr 28, 2010, 09:32 AM

    Regardless of what you want to call the court a judge is the only one that can change orders. Yes, they do work off recommendations of qualified people. I too am wondering who you think gets the preferential treatment.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #16

    Apr 28, 2010, 10:01 AM
    Quote Originally Posted by stinawords View Post
    Reguardless of what you want to call the court a judge is the only one that can change orders. Yes, they do work off of recommendations of qualified people. I too am wondering who you think gets the preferential treatment.

    Undoubtedly women/mothers - isn't that the usual argument when the man/father doesn't get what he wants?
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #17

    Apr 28, 2010, 11:17 AM
    Quote Originally Posted by JudyKayTee View Post
    Undoubtedly women/mothers - isn't that the usual argument when the man/father doesn't get what he wants?
    Yes and no. I'm a woman with divorced parents - I think my mom got the better deal in their divorce. I don't know that it's just because she was a woman, but...

    And as for my current situation, I hate to say it, but I doubt my husband would get away with the crap that his ex is pulling. But that's just me :)
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #18

    Apr 28, 2010, 11:28 AM
    Quote Originally Posted by this8384 View Post
    Yes and no. I'm a woman with divorced parents - I think my mom got the better deal in their divorce. I don't know that it's just because she was a woman, but...

    And as for my current situation, I hate to say it, but I doubt my husband would get away with the crap that his ex is pulling. But that's just me :)

    No, no, I'm not saying that that is correct. I'm just saying it's what men say when they don't get what they want. I've seen alcoholic men lose custody and argue discrimination. Go figure.

    Women figure, well, that's what the Court ordered. Maybe it's deserved.

    Men think it's discrimination.

    (I've posted this before. And, yes, your situation - I absolutely agree.)
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #19

    Apr 28, 2010, 01:40 PM

    The term children's court is misleading. Its actually called juvenile court.

    Ref:

    California Courts: Self-Help Center: Families & Children: Introduction to Juvenile Court
    armandoalejos's Avatar
    armandoalejos Posts: 10, Reputation: 1
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    #20

    Apr 28, 2010, 08:53 PM

    Again thank you, I can asure you that I am not an alcoholic. I can admit that I contributed to the divorce six years. I can not control what happens.

    As a parent I am tired of what the children go through. Many times I stay quiet for the well being of the children.

    I can honestly say to all those fathers who truly are deadbeats. Gave all the good fathers a bad name.

    I just want the children to stop hurting and not just mine but all those in the system.

    I will keep you all posted on the May 2010 hearing. My understanding is DCFS is recommending the children to remain in my care. With the mother to continue monitor visits. What will the future be for the children who knows but I will pray for them.

    Thank you

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