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Can I sue the hospital that wrongfully allowed CPS to take possession of my baby without a court order/ removal order, warrant, ? They just detained him in the NICU, presented homemade unofficial unapproved by judicial counsel, documents against hospital

This legal question related to discrimination & civil rights law... in MaderaCalifornia has been answered.

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. I want to sue the two hospitals who basically just handed over my newborn babies to CPS without ever seeing any court orders allowing the hospital too keep my children from me and ultimately both hospitals just handed my newborn babies over to the county in a form of medical kidnapping. I find it unbelievable that a hospital would allow this to happen. That’s a huge liability I think. In July of 2023 the cases were dismissed and all that but not without causing a primal injury to my sons and I. I think it’s interesting that the hospitals feel this response is normal and in compliance with the Acts which fund the prevention of child abuse called CAPTA AND CARA, when they are not. CAPTA &CARA DONT NOT REQUIRE THAT mothers who screen positive for illicit drugs must be report to CPS. The Act only requires that CPS be notified if a child is affected by illicit substance exposure, but makes no clear reference for mothers who screen positive but the infants are not affected. Medical professionals required to implement plans of safe care for mothers who screen positive it no other safety concerns exist , and send the little one home. . Not only did neither hospital utilize the required responses in accordance with CAPTA and CARA and those hospitals actively assisted in the unlawful abduction of my children  by the state. In California having a positive drug screen is not grounds for removal. Also there is no statutory authority for drug testing in dependency cases. Which then became to sole reason they withheld my children. I refused to be subjected to drug testing with no safeguards in place that would allow accurate reliable testing. Even though I was not court ordered to drug test at that time the department claims I refused to comply with “required voluntary” drug testing and allow untrained uneducated social workers to interpret the results. The county CPS does not utilize the use of a medical review officer in order to eliminate false positives. Which had one bed used in My cases i emote than likely would not have tested positive when I was unconstitutionally forced to submit to hair follicle testing. These people destroyed the natural bonding process of an infant and its mother and further caused serious emotional trauma to the babies when they were once again taken from their caregiver the foster mom and abruptly given back to me. Not only are social workers unclear what a plan of safe care is  but so are the medical personals who called and wrongfully “reported” the screening results to CPS. 

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Legal Solution

The response provided below is specific to discrimination & civil rights law... in the jurisdiction of Madera. If the response is inadequate, please submit a detailed inquiry.

Legal Analysis of Your Case

Relevant Legal Provisions and Sources

In cases like yours, where there's potential wrongful removal of a child by Child Protective Services (CPS) and alleged hospital negligence, several legal areas and statutes come into play, specifically within California law and federal mandates. Key legal provisions to consider include:

  • California Family Code: Pertaining to child custody and welfare.
  • Child Abuse Prevention and Treatment Act (CAPTA): Federal legislation that sets guidelines for handling cases of child abuse and neglect.
  • Comprehensive Addiction and Recovery Act (CARA): Addresses issues related to drug abuse, including in the context of parenting.
  • California Health and Safety Code: Relating to medical practices and patient rights.
  • Federal and State Privacy Laws: HIPAA and California's Confidentiality of Medical Information Act.

For specific statutes and clauses, consulting the California Legislative Information website and federal resources like the U.S. Department of Health & Human Services can be helpful.

Potential Legal Solutions

In addressing your situation, several legal actions could be considered:

  1. Medical Malpractice Claim: If the hospital acted negligently or outside the standard of care, a medical malpractice lawsuit might be appropriate.
  2. Civil Rights Lawsuit: If your or your child’s civil rights were violated, for instance, through wrongful separation without due process, a civil rights lawsuit might be viable.
  3. Administrative Complaints: Filing complaints with hospital administration and relevant state health departments or licensing boards.
  4. CPS Investigation: Questioning the lawfulness of CPS actions through administrative or legal channels.
  5. Consulting with a Lawyer: Given the complexity of your case, consulting with a knowledgeable attorney is crucial. You might want to find the right lawyer who specializes in family law, civil rights, or medical malpractice.

Cost Estimation for Legal Services in California

Legal Service Average Cost (USD) % Difference from National Average
Initial Consultation $250 - $500 +10%
Filing a Civil Lawsuit $1,500 - $5,000 +15%
Medical Malpractice Lawyer Fee $20,000 - $100,000 +20%
Family Lawyer for Custody Issues $5,000 - $30,000 +12%
Civil Rights Litigation $10,000 - $50,000 +18%

California tends to have higher legal costs due to its larger economy and higher cost of living. These costs can vary widely based on the case's complexity, the lawyer's experience, and the case duration.

Complexity of Cases Involving CPS and Hospitals

Case Study 1: Wrongful Child Removal

  • Issue: Unlawful child removal based on insufficient evidence.
  • Solution: Challenge the removal legally, emphasizing the lack of substantial evidence and procedural violations.

Case Study 2: Hospital Negligence in Reporting

  • Issue: Hospitals incorrectly reporting to CPS, leading to child removal.
  • Solution: File a medical malpractice suit and/or a civil rights claim, highlighting the failure to follow proper protocols and laws.

Case Study 3: Inadequate CPS Investigation

  • Issue: CPS conducts a superficial investigation, resulting in child removal.
  • Solution: Appeal within the CPS system and potentially file for a judicial review, focusing on the inadequacies of the CPS investigation.

These cases are complex due to the involvement of child welfare agencies, medical institutions, and the legal standards required to justify child removal. They often require specialized legal expertise.

Relevant Questions for Further Clarification

  1. Were you provided with any formal documentation or explanation by the hospital or CPS regarding the removal of your child?

    • Understanding the reasons given for removal can help assess the legal validity of the actions taken.
  2. Did you receive any legal counsel or representation during the CPS process?

    • Knowing whether you had legal support can provide insight into the process's fairness and your understanding of your rights.
  3. Were there any specific incidents or reasons cited by the hospital for contacting CPS?

    • Details about the hospital’s rationale can be critical in evaluating their actions and potential negligence.

Common Questions and Answers

Q1: Can a hospital legally detain a child without a court order?

Hospitals have limited rights to hold a child if there's immediate concern for the child's safety. However, without a court order, this action can be legally challenged, especially if it leads to CPS involvement without substantial evidence.

Q2: What rights do parents have when dealing with CPS?

Parents have the right to be informed, to seek legal representation, and to contest any CPS decisions in court. They also have the right to be treated fairly and without discrimination during the process.

Q3: What constitutes medical malpractice in the context of CPS cases?

Medical malpractice may occur if medical professionals fail to follow standard procedures, leading to incorrect reports to CPS or wrongful child retention. This includes not adhering to CAPTA and CARA guidelines.

Q4: How can I prove that the hospital acted negligently?

Proving hospital negligence typically involves showing that the hospital failed to meet the standard of care expected, which directly led to harm or damages, such as wrongful separation from your child.

Q5: Can a positive drug test alone justify child removal?

In California, a positive drug test in itself is not usually sufficient grounds for child removal. The key factor is whether the child is at risk or has been harmed due to the parent's substance use.

Disclaimer

This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

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Legal question "Can I sue the hospital that wrongfully allowed CPS to take possession of my baby without a court order/ removal order, warrant, ? They just detained him in the NICU, presented homemade unofficial unapproved by judicial counsel, documents against hospital " has been changed 1 year 5 months ago. Demonstrate your legal skills and willingness to help and answer right now! Issue is related to the location of Madera & area of law: discrimination & civil rights law....
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"Can I sue the hospital that wrongfully allowed CPS to take possession of my baby without a court order/ removal order, warrant, ? They just detained him in the NICU, presented homemade unofficial unapproved by judicial counsel, documents against hospital "

discrimination & civil rights law... Madera

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