However, there is one potential strategy for holding these employees accountable: proving that the initial removal of the child was only accomplished through falsified information, testimony, or evidence. If it can be shown that the caseworker knowingly provided false information to the court in order to secure the removal order, they may be liable for damages resulting from that action.

Unfortunately, case law in many jurisdictions makes it very difficult to pursue claims related to anything that happens after the initial removal. So the focus needs to be on the events and evidence leading up to the removal order. If deception or falsification can be proven by the caseworker as the basis for removal, that opens the door for a civil rights claim.

It’s a high bar, but by focusing on the initial removal and being able to clearly demonstrate fabrication or lies by the caseworker, it may be possible to overcome their immunity. This careful, strategic approach gives parents and attorneys seeking accountability for wrongful removals a potential path for recourse through the justice system.