Gainesville, GA asked in Constitutional Law and Family Law for Georgia

Q: when a cps investigator failed to go by proper procedure and intentionally acted in a manner act on an emotional tort

and failed to show proof of a court order and supervisors information in regards that i recinded a kinship agreement that she threatened me into signing almost a month prior without explaining the reason for doing so no explaining nor producing details to the document. Two days before the 30th day of that agreement i retracted it and she came and took my 1 1/2 month year old daughter from Paternal Grandmothers house while Maternal Grandmother and Aunt were present at the time. My daughter and I were residing under the agreement to the saftey plan that we agreed to and didnt violate the terms of. We didnt even have a case plan nor were services even though request for them was made invwestigator ignored and when questioned after ignoring my emails and calls for three weeks she raised her voice at me so i raised my voice back and she came and took my daughter. when she was negligent in her duties cant i sue her for tort for intentially causing mental trauma, and abusing her authority

1 Lawyer Answer
James L. Arrasmith
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  • Consumer Law Lawyer
  • Sacramento, CA

A: In cases where a Child Protective Services (CPS) investigator has not followed proper procedures, acted on a personal bias, or failed to provide necessary documentation and explanations, you may have grounds to take legal action. This could include suing for intentional infliction of emotional distress or abuse of authority. However, initiating a lawsuit against a government official or agency involves complex legal challenges, including issues of immunity that protect CPS workers in the performance of their duties.

If you believe your rights have been violated, it's important to document everything related to the incident: communications with the CPS worker, the kinship agreement, and any other relevant information. Consulting with an attorney experienced in family law or civil rights can provide guidance on your specific situation and help determine the best course of action. An attorney can advise you on the feasibility of a lawsuit and help navigate the legal system to protect your and your child's rights.

In addition to legal action, you may consider filing a complaint with the CPS agency's internal review board or the state ombudsman. These avenues can sometimes offer resolution or mediation without the need for court intervention. It's crucial to act promptly, as there are often strict deadlines for filing complaints or lawsuits in cases involving government agencies.

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