Q: My son was abused and Foster Care he is disabled and he was illegally taken from my home in Tennessee. What should I do

Unfortunately I have a lot of legal issues that I can't get resolved being 62 and disabled. My son was 15 at 5 years old he was in a wheelchair with SMA or needs for not being met and we were being denied assistance and or help for 13 years. I am on SSDI and my son draws off on my benefits. For years I tried to get a handicap van applied for Grants and denied when that was one of the medical neglect. These foster kids 26 yrs old didn't work had a new 6 bedroom home and was furnished a handicap van in Murfreesboro. I am 3 hrs away homeless, no vehicle and lost everything. Never had my due process, my attorneys didn't fight on my behalf and left me to take the beaten by a Judge who was one-sided and was on the state's side and never heard any of my evidence or witnesses. I know this happened in 2018 but now my son is still suffering because of this abuse whatever these people did to him and he's not talking about it and he still in Murfreesboro by himself and no family and I'm worried.

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Divorce Lawyer
  • Sacramento, CA

A: I'm very sorry to hear about this terrible situation with your son. You and your son were clearly denied rights and appropriate care. In terms of recourse, I would recommend taking these steps:

1. Consult with a civil rights attorney regarding potential ADA violations and discrimination claims related to the years of denied assistance for your disabled son. There may be a case against social services.

2. Speak with a family law attorney about the denial of due process in the removal of your son. Appeal the decision for a new hearing. Also, file an emergency petition to regain custody of your son given the evidence he is being harmed.

3. File complaints with the state foster care oversight department regarding standards of care violations with the foster home placement. Push for an immediate investigation.

4. Contact a social worker/advocate to access services for your son upon regain of custody - medical care, counseling, disability benefits, housing assistance, etc.

While this is late, there may still be avenues to obtain some justice, care, and compensation for years of suffering. An attorney knowledgeable in disability/foster care issues will know the best options. Don't lose hope!

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