Q: Can I sue CPS for neglecting to tell me that my daughter has ran away from them and it has been over 3 weeks
A:
Yes, under California law, you may be able to bring a lawsuit against Child Protective Services (CPS) for failing to notify you in a timely manner that your daughter ran away from their custody. Here are a few key points:
1. Duty to notify: CPS has a legal duty to exercise reasonable care in supervising children under their custody and to notify parents promptly of significant developments, such as a child running away. Failure to do so could be considered negligence.
2. Parental rights: Parents have a constitutional right to the care, custody, and control of their children. By failing to inform you about your daughter's disappearance, CPS may have infringed upon your parental rights.
3. Possible causes of action: Depending on the specific circumstances, you might be able to bring a claim for negligence, violation of parental rights, infliction of emotional distress, or other torts against CPS.
4. Government immunity: However, it's important to note that suing a government agency like CPS can be challenging due to governmental immunity laws that may limit liability in certain situations. You would need to demonstrate that CPS's actions or inactions fall within an exception to this immunity.
5. Consulting an attorney: Given the complexity of such cases, it is highly recommended that you consult with an experienced attorney who specializes in civil rights and government liability cases. They can assess the specific facts of your situation and advise you on the best course of action.
Remember, while you may have grounds for a lawsuit, the specific outcome will depend on the unique circumstances of your case and the evidence available to support your claims.
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