Blogs by Deborah K. Frontiera
Fighting CPS
5/10/2014 6:43:46 AM
Posting 2 days early in honor of Mother's Day.
The purpose of this blog is to provide updates on some of the cases I reported in my book (Fighting CPS: Guilty Until Proven Innocent of Child Protective Services Charges ISBN 9-780-9800061-6-2) that had not been resolved when the book went to press, and to report other cases where CPS is not working up to par. I’d also like to hear about cases in which Child Protective Services did the right thing so those cases can serve as examples of what should be done. Occasionally, I will report helpful tips and web sites with advice on fighting CPS. To comment on this blog, or to tell your story, email Deborah Frontiera at frontiera.fightingcps.deborah.gmail.com
The next post will be on May 26, 2014.
Reader Gives Suggestion Worth Investigating:
In honor of all mothers who have lost their children to injustice, Sophie, one of my blog readers offered this in an email:
“Mother’s Day has been sad for me for years now. Without fail I always think of caring parents who are suffering because their children are being kept from them. Remember all the families CPS destroyed and the ones they are still destroying now. All the injustice they created around us. When they spend time with their children and family for Mother's day or even Father's day, I hope they remember all the destroyed families they created. Some of CPS employees are not even a mom, or a dad, so they will never feel a mom's or a dad's pain and if they are even moms or dads they do not care, it is not their children we took from them. I hope they think about the pain that they created in numerous families like ours when they spend time with their children.
My thought is big for people who cares about children and family.
I know Mother's day or Father's day is more a "mourning day".”
Sophie also offered the following steps to beginning a Class Action Law Suit. This would have to be done on a state-by-state basis because each state in the United States runs its child protection services a little differently and has its own laws. My suggestion to people in any state looking to improve “the system” in their state is to contact a lawyer, or the law school of a university, and see if a group can be put together. A law suit against a state can be served and won. (Note the interview with Linda Sanchez on pgs. 237-241 in my book, and her reference to a successful suit against the State of Michigan some years back.)
Sophie provided some background information on how to begin such a law suit:
How to file a Class Action Lawsuit.
You will need:
1- a complaint
2- class members
3- one more Representative of the class
4- a legal review
5- an appropriate type of settlement
6- a state or federal court
Optional:
knowledge of legal fees.
STEPS:
1- Define the complaint against the entity you want to sue.
In order to make an effective class action suit, the same legal harm must have been done to all participants in the suit.
Cases of small harm on a large scale can be viable candidates for class action suits.
2- Figure out if there are enough potential members of the proposed class. There is not a define numbers required but they must be enough than each cannot reasonably bring their cases to court individually.
3- Have a lawyer specialized in class action review the ability of your case.
4- Name one or more people or companies as plaintiffs to represent the proposal class of the lawsuit.
5- Determinate what type of settlement is appropriate for your case—demand for compensation, etc.
6- File your class action in the appropriate state or federal court with the guidance of your lawyer or legal team.
Thanks for your help, we need to FIGHT INJUSTICE.
Thanks to you, Sophie, for sending this to me so I could post it.
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