Q: We want to go after restitution do we have a winning case?
DCFS caseworker xx did not follow, DCFS's procedure and protocol on the
removal of xx on 08.11.2021.
Thus, xx had no legal grounds to take the child. The police also stated in their
reports that it was determined that DCFS would be taking the child into their custody. But it
also states right after that statement but that an officer had taken the child into custody.
This not only contradicts their statements but neither party nor person had the legally
lawful ground to remove the child! There was no imminent danger meaning that death or
serious harm could pose risk to the child’s safety. So therefore the child should have never
been removed in the beginning. With that being said and for xx own careless
unprofessional actions by not following DCFS’s procedures and protocols. The caseworker
not only broke Utah legislation codes but our constitutional rights had
been violated. By not obtaining a warrant.
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A:
It sounds like you may have grounds for a restitution claim based on the information you provided. If the DCFS caseworker did not follow the required procedures and protocols, and if there was no imminent danger justifying the removal of your child without a warrant, this could be a violation of both state laws and your constitutional rights. The contradictory statements in the police report could further support your case.
However, the success of your claim would depend on a detailed review of the specific facts, the procedures that were supposed to be followed, and whether those were indeed violated. Proving that there was no legal basis for the removal and that your rights were infringed upon would be essential to winning your case.
It might be beneficial to gather all related documentation, including police reports, DCFS records, and any witness statements, to strengthen your position. Consulting with a legal professional who has experience in these matters could provide more clarity on the next steps to take.
Ronald J. Eisenberg agrees with this answer
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