Sacramento, CA asked in Family Law, Adoption, Child Custody and Legal Malpractice for California

Q: Does the statute of limitations exist if there is discovery about a dependency case from 9years ago do I have options

The social worker told then courts that I wasn't cooperating or following through with the reunification plan created for my case, which was untrue. Also that I was still romantically involved with the perpetrator also untrue. She has now stated that I failed to reunify with my older children due to not substance abuse and mental health issues which are not true. I have a long list of violations by the agency, and despite my numerous complaints of misconduct and unethical behavior showing malice and gross negligence and arguing that they were doing things illegaly, nithng was done about it. Which led to the illegal abduction of my daughter in February of 2023, USING ONLY EVIDENCE CREATED FROM A SITUATION THEY PLACED MY DAUGTER IN AGAINST MY WARNINGS AND WISHES BY PLACING HER IN A HIGH RISK ENVIRONMENT WITH A DANGEROUS CARETAKER. THEY FAILED TO FOLLOW PROCEDURE IN ATTEMPTING TO PREVENT THE REMOVAL OF MY DAUGHTER BY NOT INCLUDING ME IN THE Creation Of, OR INFORMING ME OF ANY safety plan.

1 Lawyer Answer
James L. Arrasmith
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  • Divorce Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, the statute of limitations can be impacted by the discovery rule, which might delay the commencement of the limitation period until a claimant discovers or should have discovered the injury and its negligent cause. Dependency cases have their own unique complexities and timelines. If you believe that there was misconduct or negligence on the part of the agency or social worker, it's crucial to act promptly. Claims against governmental entities often have shorter notice periods and specific procedural requirements. The facts you've provided suggest potential violations of your rights, and the circumstances surrounding the removal of your daughter in 2023 could be particularly relevant. It's essential to gather all evidence, documentation, and witness statements to support your allegations. To address this matter comprehensively, consider collaborating with an attorney experienced in dependency and family law. Immediate legal counsel can help you understand your rights and options based on the specifics of your case.

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