Vallejo, CA asked in Family Law, Civil Litigation and Juvenile Law for California

Q: If cps has custody of a teen, who They have no control over, if something happens to teen ,can cps be sued

For letting teen live in unlicense homes, cps dont even know who, teen lives with or where teen is living at, if something happens to this teen while teen is still under cps and is still a minor, can the parent sue cps if harm comes to this child while they are out therr in the streets without supervision

1 Lawyer Answer
James L. Arrasmith
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Answered

A: I understand you're asking about a complex legal situation involving Child Protective Services (CPS), custody of a teen, and potential liability. Let me break this down:

1. CPS custody: If CPS has legal custody of a teen, they generally have a duty of care towards that minor.

2. Lack of control: The fact that CPS "has no control over" the teen doesn't necessarily absolve them of responsibility, especially if they're aware of the situation.

3. Unlicensed homes/unknown living situation: If CPS is allowing or is aware that the teen is living in unlicensed homes or doesn't know the teen's whereabouts, this could potentially be seen as negligence.

4. Potential for lawsuit: If harm comes to the teen while under CPS custody, there may be grounds for a lawsuit, particularly if it can be shown that CPS was negligent in their duty of care.

5. Parent's right to sue: The parent might have standing to sue, depending on the specific circumstances and their legal status in relation to the child.

However, it's important to note:

- Government agencies like CPS often have certain immunities or protections against lawsuits.

- The specific laws and precedents can vary by state and jurisdiction.

- The details of the case, including how CPS obtained custody, what efforts they've made to supervise the teen, and the nature of any harm that occurs, would all be relevant factors.

To get a definitive answer for your specific situation, I strongly recommend consulting with a family law attorney or a lawyer experienced in cases against government agencies in California. They can provide personalized legal advice based on the exact details of your case and current California law.

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