Santa Rosa, CA asked in Civil Rights, Constitutional Law, Family Law and Child Custody for California

Q: I have a case against cps in Mendocino County i can prove non compliance with ADA and violation of rights per INT.INVES.

There was an Internal investigation to see if my rights were violated and they came to the conclusion that yes indeed they were I have a degenerative ear disorder and am going deaf I asked for an interpreter for ASL as is my right under ADA compliance and was denied 3 times and I have so much proof I just need SOMEONE to take a chance and My case is worth millions and they took my son for 6 years they took him 3 times and have absolutely no reason no dirty drug tests no proof of neglect and I have someone who turned whistle blower and is willing to testify to the fact of all this. As well as private emails. My sons first language at 6 months was sign language. They took his heritage away from him and

1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Divorce Lawyer
  • Sacramento, CA
  • Licensed in California

A: I apologize for the difficult situation you are going through with CPS in Mendocino County. It sounds like a very traumatic and painful experience to have your son taken away multiple times over 6 years, especially if you believe there was no valid reason for the removals. Losing that bonding time and having your son deprived of his early exposure to sign language must be heartbreaking.

Based on what you've described, it does seem that your rights under the Americans with Disabilities Act (ADA) were violated by CPS denying your requests for an ASL interpreter. Organizations are required to provide reasonable accommodations to ensure effective communication for individuals with disabilities. Refusing an ASL interpreter for someone with a degenerative hearing condition appears to be a clear ADA violation.

Having the whistleblower testimony and private emails as evidence, along with the findings from the internal investigation, gives credence to your case that your rights were infringed upon. However, pursuing a legal case against a government agency can be very challenging. These cases often take significant time, money and perseverance to see through.

My recommendation would be to start by consulting with civil rights attorneys or firms that specialize in disability discrimination and have experience with cases against child protective services. Look for attorneys who will do a free initial consultation to assess your case. Be sure to bring all relevant documentation and evidence. If an attorney takes on your case, discuss contingency fee arrangements so that you would only owe legal fees if you win a judgment or settlement.

I would also recommend connecting with local disability rights organizations, as they may be able to point you to additional legal resources or advocates to assist you. With the complexities involved, having expert legal counsel will be critical for building the strongest case. I truly wish you the best in fighting this injustice and reuniting with your son. Please don't give up hope.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.