Dawn Chappel

What can we do about the wrongful removals of children?

2023-08-19

The rise in misconduct among children's services social workers is becoming increasingly alarming, posing a significant threat to families. The lack of accountability within the department is a troubling issue that needs attention.

Social workers with questionable ethics might exploit their positions of authority, manipulating and exerting control over vulnerable individuals or families. Unethical social workers may falsify or manipulate reports, presenting inaccurate information to the courts and influencing critical decisions regarding child custody, well-being, or other important matters. Such misconduct can lead to wrongful separations, loss of custody, or unnecessary interventions that profoundly affect individuals and families.

However, in many cases, the juvenile court turns a blind eye to this misconduct. When a judge refuses to address claims of constitutional violations or social worker misconduct, it can be viewed as willful blindness. This legal concept refers to deliberately choosing to ignore or avoid awareness of illegal or unethical activities. It involves intentionally disregarding information that could expose a person to liability or responsibility. Willful blindness is often invoked to establish that even without direct knowledge of wrongdoing, individuals should have known about it due to their deliberate ignorance.

The underlying notion is that individuals cannot evade culpability or liability by intentionally avoiding information they have a responsibility to know. This concept can be relevant when individuals attempt to shield themselves from liability by claiming lack of knowledge of wrongdoing.

Child Protective Services (CPS) social workers are expected to uphold ethical guidelines and standards in their work. If a social worker acts negligently, engages in misconduct, violates an individual's rights, or causes harm through their actions or decisions, they could be subject to legal action.

Suing a CPS social worker usually involves demonstrating that their behavior deviated from their professional responsibilities and resulted in harm or damages.

42 U.S.C. § 1983, commonly known as "Section 1983," is a federal law that permits individuals to sue state or local government officials, including law enforcement officers, for violations of their constitutional rights. This law is vital for holding government officials accountable when they engage in actions that deprive individuals of their civil rights under the U.S. Constitution.

Section 1983 enables individuals to seek legal remedies, including monetary compensation, injunctive relief (court orders to halt specific actions), and attorney's fees, when their rights are violated by someone acting "under color of law." This means the violator is utilizing the authority granted by their government position.

Cases under Section 1983 encompass a wide range of issues, including police misconduct, excessive use of force, false arrest, and due process violations. If you believe your rights have been violated by a government official, it's advisable to consult an attorney specializing in civil rights law to understand your options and determine if you have a viable Section 1983 claim.
Securing legal representation that effectively advocates for a parent’s rights in situations like these poses a significant challenge. Regrettably, low income families are often the primary targets or victims in such cases. Statistically, the likelihood of a low income parent being able to obtain skilled legal representation is quite low. Moreover, there exists an unjust perception that low income families lack education, which can embolden those perpetrating such actions, making them feel immune to consequences. This underscores the importance of pushing back against these assumptions and demonstrating their inaccuracy. It’s crucial to stand up and prove that everyone deserves fair treatment, regardless of their financial status.
I initially tried to establish an email communication channel with my readers, but I encountered account-related issues. As an alternative, I’ve chosen to create a Facebook group. Within this group, there is a highly knowledgeable lawyer who actively engages with parents. I’m using the group to share various files, offering information that parents might find useful. I’m also providing examples of complaint filing to assist and guide parents through the process. If this interests you, feel free to search for and join the group. Keep in mind I’m not a lawyer I’m just learning myself, however there is plenty of useful information in this group https://www.facebook.com/groups/1358932964966920/?ref=share_group_link

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