Op Expose CPS
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Our most asked question is? How to Sue CPS?
I was chatting with Friend and Author Derek Bootle, discussing CPS. He offered to write up another article for us! If you haven't seen his first article, I will post a link below. Thank you Derek!
How to Sue CPS? Written by Derek Bootle MS, MBA, CPS court defense strategist and author of "Defending the Innocent from Child Protective Services"
I am not an attorney, but I have sued people pro bono and won. There are many pitfalls and stepping stones along the way. If you decide to sue CPS you'll at least need to know the basic steps.
There are hundreds of reasons to sue Child Protective Services (CPS). You may believe CPS violated your 4th, 5th, 6th, 8th, and 14th Amendments. They may have broken the law and lied to you to get their way. This is commonplace for all CPS investigations. However, there are a few things to consider prior to suing.
Can you afford to lose? It costs money to sue, even without an attorney. In district court, in my state, it costs $100 to file and $40 to have the form delivered. This doesn't sound like much, but if you're living on state assistance or a minimum wage job, this is a huge sum of money to risk. Then there are copying costs for discovery (which they will file), all the motions to respond against. It really costs money to sue; it is a huge task and shouldn't be considered lightly.
Do you have the evidence? CPS did you wrong, that's true, but can you prove it? If so, How? This is where most people get stuck. They lose because they believe their opinion is right and just, but they don't have any way to show it. You must prove it with documentation, video/audio evidence, witnesses and tests. A good test for court is, Can you explain it to the judge without using words? If when the judge says, "How they violated your rights?" Your reply is a video or documents where all you have to say is "here, allow me to show you". If you don't have that, you're probably not going to win.
Is there a history of people with similar cases winning? Courts love to see "precedent". Being able to see the similarities to another case by another judge will go a long way into his decision. Judges don't like to set precedent. This takes time and effort at the law library at your local law school. Looking up previous cases and setting yours up to appear like theirs can take hours of painstaking work. This is also detailed because any differences between cases will be opportunities for CPS to derail your case.
Do you have the time and energy? Suing takes a lot of time, gathering evidence, showing up for rescheduled hearings, setting up arguments etc. Much of the time can be used in better ways. Playing with the kids, cleaning the house, working at a job. It also takes a psychological toll, waiting, being angry at responses, not knowing the next motion to be filed and the work to respond. Most suits end up negotiated out because it is too expensive to fight. Both sides filing frivolous motions. It's really an undertaking, but if I haven't talked you out of it, here are the steps to take.
1. Gather all the information and evidence you can find. Paper, video, audio, photo's, expert testimony, past related cases, etc, go through it step by step to show exactly how what you say happened, happened. Look for any holes and missing evidence. Find more evidence to support your case, even if you think you have enough.
2. Go through it and ask, how would someone disprove what I'm saying, and find evidence to contradict that argument. Example: CPS didn't' place the children with your parents. This is a violation of the Adoption and Safe Family act. CPS will state, "The residence was unfit for children." If you find a home study stating the only reason the children weren't placed was, "Grandparents unwilling to accept abuse accusations of the children." then you have proof they violated the law.
3. Once that is done, you’ll need to file a complaint. This isn’t a form, this is a motion. A complaint is a handwritten document written in a special way to identify both sides clearly, and a step by step explanation of the precise and specific issues to be considered in violation of the law. Usually 2-3 pages long with a special header section. A copy/template is here http://www.civillawselfhelpcenter.org/self-help/lawsuits-for-money/pleading-stage-filing-a-complaint-or-responding-to-a-complaint/241-filing-a-complaint-to-start-your-case This is also a good resource for templateshttps://www.northwestregisteredagent.com/lawsuit-complaint.html This is a very tedious and time-consuming part. Any mistakes here can cause problems down the line, so make sure everything is exactly right.
4. Take the complaint to the court clerk. You will need to look on the court website for your state as to which clerk you submit. Depending on the amount of money requested it could be small claims, district or superior court. Each court requires a different court fee amount. They will also ask if you would like the Sheriff to serve notice. If so, that will cost as well. Tip: Be very nice to the clerk. They are a wonderful resource if you need help, but can also sabotage or ignore small mistakes which will cause the filing to be rejected. You will have to pay each time its submitted and rejected. A smile and a thank you goes a long way.
5. In my state, CPS has 21 days to answer. If they do not, you may file for summary judgment and win. CPS has lawyers on hand to answer lawsuits. Don't expect this. CPS may file a Motion to Dismiss, challenging your claim as "frivolous". Then you'll have to have a hearing to determine merit. If they don't, they will file a Motion of Discovery. This means all information will have to be copied and sent to them. Any information left out cannot be used later, and if you do its grounds for immediate dismissal. Don't think you're being sneaky by hiding your most damaging evidence, it won't work and may cost you the case.
6. CPS may file other motions requiring hearings. You don't have to agree with the motions, but you have to object to the motions, and if CPS continue, schedule a hearing and present your objections. No telling if you'll win or lose the motion. This is where the lawyer really makes his bread and butter. It is like setting up the arena for both sides to fight. Both want the most advantageous areas for them, and by filing motions this helps or hurts the case at trial.
8. Trial. The plaintiff starts by explaining the case. The defense can object at any time, for procedural infractions or as to evidence. Then the witnesses are brought up asked questions, cross-examined. More evidence is presented. All of this has to be done in the right manner or the story won't make sense to the judge. Then both sides rest. Judge gives his findings.
9. Appellate court. Once CPS loses they will file in appellate court. Any perceived mistakes or judgments that didn't go in CPS favor will be presented to this court. Depending on what the appellate court discovers, the case can be closed, reviewed in Appellate court or sent back for retrial. Hardwick v Vhreen case number 15-55563 was sent to appeals court took over 6 years in total to resolve. It takes a long time.
I hope this gives you some insight into how difficult it is to sue CPS, and the labor-intensive endeavor it is. I agree CPS need checks and balances. Violations of people's rights occur on a daily basis. The process is difficult and time-consuming. But if you have the drive, money, anger and are willing to do what it takes this article and the links above should give you a framework to suing CPS.
Written by Derek Bootle MS, MBA, CPS court defense strategist and author of "Defending the Innocent from Child Protective Services"
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