Write down the names, job titles, and direct contact information of every individual at CPS who contacted you or communicated with you in any way. You also want outlines of any other activities that have anything to do with your children or the reasons CPS became involved with your children.
If you had written documents that you can no longer locate, make a note of them. CPS should have copies as well, and you can request them later. You also want to gather any documents that have anything to do with the care of your children. For example, if you’re home schooling your children, gather school schedules, assignments, and curricula and make copies.
Civil rights attorneys typically offer a free initial consultation, so you can use this opportunity to speak to several attorneys. That can help you choose the best attorney for your case. These lawsuits can drag on for a long time. Pick an attorney who is passionate about your case and who you get along with – you’ll be spending a lot of time with them, and discussing some potentially sensitive issues. If you have been brought up on criminal charges of child abuse or neglect, you may already have a criminal defense lawyer. Ask them for a referral to a civil rights attorney who can help you sue CPS.
This is part of the reason documenting all of your interactions with CPS is so important. Something that seems unfair to you may not necessarily rise to the level of a constitutional violation. However, something you thought insignificant might actually be a big deal.
Your attorney will start with actual damages, if you have any. For example, if you and your spouse have been seeing a counselor as a result of the trauma you experienced from dealing with CPS, that expense may be considered actual damages. Additional damages, known as punitive damages, may be available to you if the actions of the CPS social workers involved in your case were particularly egregious.
You don’t have to prove anything or submit any evidence when you file your complaint. At this point, you’re merely making allegations. Your attorney will file your complaint in the federal district court that has jurisdiction over the county where the CPS agency is located. You may have to pay the $400 filing fee, or your attorney may pay it and add the amount to the costs of your lawsuit.
Your attorney will go over the response with you. Typically, the answer will deny all of the allegations and raise the defense of qualified immunity. The response from CPS may include a motion for summary judgment. Similar to a motion to dismiss, this motion argues you have failed to state a claim for which the court can provide any legal or monetary relief.
When CPS argues it is entitled to qualified immunity, the judge must hold a hearing to decide this question before you can move forward with the lawsuit. Until this matter is decided, you won’t be able to do any further work or information gathering on your lawsuit. Your attorney and the attorneys for CPS will submit lengthy briefs to the court arguing both sides of the issue. The judge may decide the question after reading these briefs, or they may have a hearing in court. If the judge denies CPS qualified immunity, you still may not be able to move forward to the next stage of litigation. CPS has the right to appeal that decision and argue to an appellate court that the agency is entitled to qualified immunity.
You will request CPS’s entire case file related to your family, as well as any internal documents, including emails, that are related to the investigation of your family. The documents and answers to questions may reveal additional problems or violations that you didn’t know about before.
You may or may not need to attend the deposition. Your attorney may want you there, or they may decide that it’s better if you’re not there. Regardless of whether you attend, your attorney will go over the deposition with you afterward and explain how it affects your case.
Generally, you want to answer the questions directly and honestly, but refrain from rambling or further conversation. For example, if you are asked a yes/no question, your answer would be “yes” or “no,” without elaboration.
Your attorney may object to some of the questions. If they do, they’ll explain to you why you don’t have to answer those questions. Even though these questions are in writing, they are still considered to be under oath. Answer each question as honestly and accurately as you can. If you don’t remember something, don’t guess.
Any settlement offers from CPS will be communicated to your attorney. Your attorney will present the offer to you and offer their advice. Regardless of what your attorney recommends, the decision of whether to accept or reject the settlement is solely your own.
