Familial Integrity – Civil Rights Claims https://civilrightsclaims.com Learn How to Protect, Defend, and Seek Redress For Constitutional Freedoms Mon, 14 Aug 2023 15:17:34 +0000 en-US hourly 1 https://wordpress.org/?v=6.5.2 https://civilrightsclaims.com/wp-content/uploads/2023/08/cropped-DALLĀ·E-2023-08-16-11.51.35-eagle-crest-32x32.png Familial Integrity – Civil Rights Claims https://civilrightsclaims.com 32 32 Federal Judge Denies Motion to Dismiss in Landmark Civil Rights Case Against Arapahoe County Caseworker https://civilrightsclaims.com/2023/08/14/federal-judge-denies-motion-to-dismiss-in-landmark-civil-rights-case-against-arapahoe-county-caseworker/ https://civilrightsclaims.com/2023/08/14/federal-judge-denies-motion-to-dismiss-in-landmark-civil-rights-case-against-arapahoe-county-caseworker/#respond Mon, 14 Aug 2023 02:23:45 +0000 https://civilrightsclaims.com/?p=75

A major development occurred this week in an important civil rights case out of Arapahoe County, Colorado. Federal judge Charlotte N. Sweeney denied a motion to dismiss a lawsuit against Arapahoe County caseworker Robin Niceta, allowing the case to move forward.

The lawsuit was filed by parents including a mother and father who allege that Niceta violated their constitutional rights by making false claims about their parenting in order to remove their daughter from their custody. Niceta had the daughter removed without a court order or evidence of abuse, exploiting the significant power that caseworkers have over families.

Judge Sweeney’s ruling rejected the county’s argument that Niceta has qualified immunity from the lawsuit. This precedent-setting decision means Niceta can be held accountable for violating the parents’ and daughter’s civil rights. The court acknowledged that caseworkers cannot be permitted to forcibly separate parents and children based on unsubstantiated opinions and hearsay.

This ruling has major implications, as it opens the door for increased scrutiny of the immense authority that social workers wield over families. There is potential for this case to prompt reforms addressing abuses of power by child welfare agencies nationwide.

Many civil rights advocates are hailing Judge Sweeney’s refusal to dismiss the case as a significant step toward justice and recognition of every American’s constitutional right to due process before their family is torn apart. The case will now move forward to trial or settlement negotiations, where the plaintiff’s attorney Elliot Singer with Conduit Law will seek accountability and damages for the trauma inflicted on the family.

This development gives hope to parents who have had children removed unjustly, as it signals that caseworkers are not immune from repercussions when they abuse their position. The Arapahoe County case is being closely watched by civil liberties groups as well as social welfare agencies across the country. However it is ultimately resolved, this case will likely lead to long-overdue changes in an arena where civil rights violations can inflict immense damage on innocent families.

]]>
https://civilrightsclaims.com/2023/08/14/federal-judge-denies-motion-to-dismiss-in-landmark-civil-rights-case-against-arapahoe-county-caseworker/feed/ 0
The Right to Family Integrity and CPS Intervention https://civilrightsclaims.com/2023/08/13/the-right-to-family-integrity-and-cps-intervention/ https://civilrightsclaims.com/2023/08/13/the-right-to-family-integrity-and-cps-intervention/#respond Sun, 13 Aug 2023 16:59:12 +0000 https://civilrightsclaims.com/?p=65 Child Protective Service (CPS) is also known as Department of Human Services (DHS)

The 14th Amendment provides constitutional protection for the right of parents to raise their children without undue government interference. However, this right is balanced against the state’s interest in protecting children from abuse and neglect. Child Protective Services (CPS) is the agency authorized to intervene when allegations of child maltreatment arise.

Removal of Children

CPS has the authority to remove children from parental custody if they have probable cause to believe abuse or neglect has occurred. Parents have a right to due process including a court hearing to contest removal. Courts use the minimum standard of “reasonable efforts” to prevent family separation.

Reunification Plans

When CPS removes children from the home, the agency must create a reunification plan for parents to regain custody. This may include parenting classes, counseling, drug testing, home visits, and other requirements aimed at addressing the safety issues. Parents should comply with the plan and seek prompt reunification.

Termination of Parental Rights

If parents fail to remedy the family issues within the mandated timelines, CPS may move to terminate parental rights altogether. At this stage, family reunification is no longer the goal. Courts can permanently sever the legal parent-child relationship. This is an uphill battle for parents to contest.

Seeking Reform

There are ongoing efforts to reform the child welfare system to better support family preservation, require higher standards of proof prior to removal, improve accountability for CPS errors, enforce parents’ rights to due process, provide better legal representation for parents, and prioritize family reunification plans. Reform advocates believe strengthening the integrity of the family unit should be the ultimate objective. Parents dealing with CPS interventions should seek advice from a family law attorney to understand their rights and options when faced with the potential dissolution of their family.

]]>
https://civilrightsclaims.com/2023/08/13/the-right-to-family-integrity-and-cps-intervention/feed/ 0