What You Need to Know About Suing Child Protective Services in California

Individuals can sue Child Protective Services (CPS) in California when their civil rights have been violated. Here is what you need to know about suing Child Protective Services in California.

Suing Child Protective Services in California can be a difficult process. Unless it is clear that civil rights have been violated, one likely cannot obtain a legal claim against the agency, no matter how distressing their routine processes are. However, if civil rights have been clearly violated, individuals can sue Child Protective Services in California.

Reasons to Sue CPS in California

Sometimes it may seem as though CPS is violating one’s civil rights, when in reality CPS is merely performing their routine procedures in case investigation. This is because most encounters with Child Protective Services are distressing, especially when it involves one’s child. However, the routine procedures of CPS do not automatically constitute a civil rights violation. In some cases, CPS workers may remove a child from a home immediately without a court order when they believe the circumstances to be emergent. This is still not considered a civil rights violation, even if the CPS worker was incorrect in their assumption or if the situation was distressing for a parent.

However, there are instances in which Child Protective Services may have crossed the line. In cases in which Child Protective Services violated civil rights, one can file a legal claim against the agency. CPS may violate one’s constitutional rights involving due process and search and seizure. In this case, one may be able to sue for monetary damages. CPS may have also acted in a way that is considered discriminatory on the basis of race, gender, or sexual orientation. In these cases, it may be useful to hire an attorney to analyze the objective facts and determine whether civil rights have been violated.

Related: How to File a Complaint Against CPS in California

The Process of Suing Child Protective Services in California

1. Find a Civil Rights Litigation Attorney

Research and gather information about civil rights litigation attorneys that may be of use for your particular case.

2. Compile and Organize Your Evidence

Organize any evidence that proves that your civil rights were violated by Child Protective Services. Talk to your attorney about this evidence and discuss the objectivity and validity of potential evidence.

3. Allow Your Civil Rights Attorney to File a Legal Complaint

Allow your civil rights attorney to file a complaint to begin the process of receiving legal relief for your case.

FAQs About How to Sue Child Protective Services in California

Can one sue Child Protective Services for false accusations?

One can sue CPS when they believe that they have been falsely accused of child neglect. Consulting an attorney may be of great use in the case of false accusations.

Related: Can You Sue For False Accusations of Child Neglect?

Can one represent themselves when suing Child Protective Services?

In California, individuals have the right to represent themselves in all cases. However, dealing with Child Protective Services can be an emotional time, making the details of the case subjective to the parties involved. A civil rights attorney can provide objective arguments regarding the case; for this reason, a favorable outcome may be reached easier with a civil rights attorney present throughout the process.

Contact Us

If you are seeking legal assistance in suing Child Protective Services (CPS) in California, contact us. We’ll get you in touch with the most qualified lawyer for your unique legal issue. Get your free consultation with one of our California Civil Rights Attorneys today!