Southfield, MI asked in Personal Injury for Michigan

Q: What kind of lawyer has the skill set to sue child protective services for dereliction of duty.

This was a gross oversight by the agency that resulted in a death which could have been prevented had they done there job

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2 Lawyer Answers
Tim Akpinar
Tim Akpinar
Answered

A: I'm sorry for this situation. A wrongful death attorney would handle such cases in general, but from the brief details here, it looks like you would want to speak with someone who has insight into the agency. A starting point could be to speak with attorneys on this site, the Internet, or through the State Bar of Michigan.

Tim Akpinar

Brent T. Geers
Brent T. Geers
Answered
  • Grand Rapids, MI
  • Licensed in Michigan

A: Child Protective Services is a government entity, and with that comes the hurdle of governmental immunity. In a nutshell, you cannot just sue a government entity like you can an ordinary person or business.

I can tell you that there have been a number of claims made against CPS. The thing is that it's very possible to find that a casework failed to follow a policy or made some other misstep; what's hard is showing that that failure or misstep is the causation of someone's death.

You would need to find an attorney skilled in not only wrongful death cases but also governmental immunity.

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