Can I sue child protective services for wrongully removing my children from me?

UPDATED: Sep 20, 2012

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Can I sue child protective services for wrongully removing my children from me?

I had contacted CPS to ask about recources they offer. I had made an appointment to meet with a case worker to review my situation. The last I heard from him was that he needed to contact my children’s father. (the caseworker He has several ways to reach me.) Well I apperantly had a court hearing, I am not sure what for. They said I should have had a sopena handed to me, but I never recieved one. No phone calls from the caseworker to say anything about me going to court. Or what was going on in the case And when I didn’t show up for it they came knocking and told me unexpectedly that they are taking my and off they went.

Asked on September 20, 2012 under Family Law, Ohio


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You need an attorney.  This doesn't sound right that you were not notified of a court hearing. The best thing to do is check with the lawyer on the status of this case and file to stay the proceedings and reverse the default judgment because that will be the only way to restore order here, get back your children and get this squared away. The next step is to possibly sue the agency and individual case worker for a breach of duty or negligence.

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