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armandoalejos
Apr 26, 2010, 01:03 PM
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
Apr 27, 2010, 09:29 AM
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
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
Apr 27, 2010, 12:19 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.
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
Apr 27, 2010, 01:10 PM
You have no grounds to sue.

armandoalejos
Apr 27, 2010, 05:13 PM
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
Apr 27, 2010, 07:43 PM
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
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
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
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
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
Apr 28, 2010, 03:52 AM
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
Apr 28, 2010, 06:40 AM
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
Apr 28, 2010, 08:19 AM
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
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
Apr 28, 2010, 10:01 AM
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
Apr 28, 2010, 11:17 AM
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
Apr 28, 2010, 11:28 AM
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
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 (http://www.courtinfo.ca.gov/selfhelp/family/juv/intro.htm)

armandoalejos
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

this8384
Apr 29, 2010, 06:17 AM
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.
Just to clarify, Judy was not saying that you particularly are an alcoholic. She was making a generic statement that some parents blame the courts and claim bias or preferential treatment, rather than admitting that they are just not the best place for the child(ren) to be.


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'm happy to hear that. Too often, parents put children in the middle and it doesn't benefit anyone whatsoever. As hard as it may be, you need to be the bigger person in all of this and not speak ill of their mother.


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
Sounds great; thanks for keeping us updated. Odds are the kids will stay right where they are, as it would take something extremely serious to remove the children from their current situation and place them with someone who only has supervised visitation at this point.

armandoalejos
May 13, 2010, 11:43 AM
Hi everyone,

Just need to vent, well were do I start. About 4 weeks ago DCFS received a call that my girlfriends 15 year old sister was being physicall abusive towards my 14 year old son. The way this phone call was generated is that the mother during her monitor visitation was questioning the children. One of the children indicated that both kids got grounded for arguing and pushing each other. Needless to say the mother added more to it. The good thing is that the investigation showed no abuse and case was closed.

Ever since she has had my 12 year old boy call his attorny for every little thing. If he feels is punishments are unfair. He is the one with the Behavior disorders. His condition has been getting worse.

To top it off I told the supervisor of DCFS that the 8 year old first communion was going to be at 9 am that I switched it from 11 to 9.
Seven days before the communion after I was told it was going to be at 9am. Mother and I went to court 3 days before the communion and she was trying to get permission to attend. I was against it do to her trying to run me over 3 month before. Needless to say the court approve her the visitation. The bad thing was that my attorney knew the time and so did the supervisor of DCFS. Only one has integrity and its not DCFS. But the mother of course is stating I did it intentionally. My past experience and my conduct has always shown I put the children first.

What upsets me is that my children were questioning me and they were devastated thinking that I was capable of doing malice. I had to sit all 3 and go through my behaviors and actions of the past with them. Needless to say after that they were OK. I assured them that if they ever felt I was out of line to go to someone and talk or bring it to my attention.

this8384
May 13, 2010, 12:12 PM
Hi everyone,

Just need to vent, well were do I start. About 4 weeks ago DCFS received a call that my girlfriends 15 year old sister was being physicall abusive towards my 14 year old son. The way this phone call was generated is that the mother during her monitor visitation was questioning the children. One of the children indicated that both kids got grounded for arguing and pushing each other. Needless to say the mother added more to it. The good thing is that the investigation showed no abuse and case was closed.

Ever since she has had my 12 year old boy call his attorny for every little thing. If he feels is punishments are unfair. He is the one with the Behavior disorders. His condition has been getting worse.

To top it off I told the supervisor of DCFS that the 8 year old first communion was going to be at 9 am that I switched it from 11 to 9.
Seven days before the communion after I was told it was going to be at 9am. Mother and I went to court 3 days before the communion and she was trying to get permission to attend. I was against it do to her trying to run me over 3 month before. Needless to say the court approve her the visitation. The bad thing was that my attorney knew the time and so did the supervisor of DCFS. Only one has integrity and its not DCFS. But the mother of course is stating I did it intentionally. My past experience and my conduct has always shown I put the children first.

What upsets me is that my children were questioning me and they were devasted thinking that I was capable of doing malice. I had to sit all 3 and go thru my behaviors and actions of the past with them. Needless to say after that they were ok. I assured them that if they ever felt I was out of line to go to someone and talk or bring it to my attention.

Trust me, I can relate with what you're going through - my husband and I have been accused by his exwife of everything in the book, barring sexual abuse - but as hard as this is, you need to stop discussing this with the children. They do not need to be involved with the court process. They can speak to their guardian ad litem, but they don't need to know what their mother is saying about you and they don't need to hear negative things about their mother, regardless of what she says about you.

Who is supervising the visitation with the mother? Can they speak with the GAL regarding the actual conversation that took place between the mother and the kids regarding the fighting that occurred with your child and your girlfriend's sister?

The GAL's job is to represent the best interests of the children. Your 12-year-old saying he doesn't like a punishment certainly isn't grounds to remove the children from your household - that's what all kids say at some point. The GAL has probably had hundreds of kids tell them that they thought their punishments were unfair; the bottom line is as long as you're not abusing or neglecting them, the GAL is actually going to think it's good that you're providing them with discipline and structure.

armandoalejos
May 13, 2010, 12:32 PM
I am sorry that I gave the impression, I was discussing what was taking place in the court house. I actually never did tell them what took place. What I did tell them was to reflect back with my charcter and actions.

That I have always invited there mother and her side of the familly to all functions. On christmas they were supposed to be with me. I put my feeling to the side and made arragements for them to be with there aunt, uncles, cousins and there grandma. To bring joy to there lifes and take away some of the darkness they are going through.

It is hard not to say bad things and I am learning not too.

That portion of the guardian ad litem. Thank you for easying my fears.

alarmer
Jun 22, 2010, 09:30 PM
I too have had massive problems with dcfs in socal. I agree with you and think that they should be held accountable for what they are doing to innocent families. If you have have any info about how to start the process let me know.

GV70
Jun 22, 2010, 09:38 PM
I too have had massive problems with dcfs in socal. I agree with you and think that they should be held accountable for what they are doing to innocent families. if you have have any info about how to start the process lemme know.

Actually they have immunity from lawsuits

GV70
Jun 22, 2010, 10:01 PM
http://www.atwoodcs.com/0516976_Immunity_Broken_Federal.pdf
UNITED STATES COURT OF APPEALS
The district court eventually granted summary
Judgment to the defendants on the remainder of plaintiffs’
Claims, but those issues are not before us, as plaintiffs appeal
Only the dismissal of claims based on absolute immunity.
It follows that social workers have absolute immunity
When they make “discretionary, quasi-prosecutorial decisions
to institute court dependency proceedings to take custody
away from parents.” Id. At 898. But they are not entitled to
Absolute immunity from claims that they fabricated evidence
During an investigation or made false statements in a dependency
Petition affidavit that they signed under penalty of perjury,
Because such actions aren’t similar to discretionary
Decisions about whether to prosecute.

robert3078
Sep 24, 2010, 05:11 PM
I too have had massive problems with dcfs in socal. I agree with you and think that they should be held accountable for what they are doing to innocent families. if you have have any info about how to start the process lemme know.

Do you think that the dcfs worker is qualified to make decisions on your child's future? Do you think that it violates the civil rights of a child to make decisions on their future based on accusations or hearsay? Do you think the state needs to hire more qulified individuals to make those types od decisions?