Q: I was wondering if I can sue San Joaquin County CPS for negligence for foster dad molesting me?
Hi I was wondering if you could tell me if I could still sue CPS in San Joaquin county for 2 reasons removing me from my mother and putting me in a worst situation than I was with my mother I was molested from the age of five till 11 years old by the Foster father in the foster home that they put me in he was convicted I had to go to trial I had to face him when I was 11 years old which was horrible and I've had to live with this my whole life and it has messed with me my whole entire life I know the not no amount of money is going to fix this right but some kind of justification some kind of of money will help because I'm so messed up in the head that my kids are suffering and I'm tired of seeing my kids suffer and now that I've finally got myself together and finally you know try to move on from the situation I can't because it haunts me it haunts me because I've done so much messed up stuff in my life because of this stuff have happening this trauma happening to me when I was younge
A: I am sorry for what happened to you. Whether you can successfully sue depends on a lot of factors, including whether CPS had reason to know of the molestation and failed to act to protect you.
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A:
I'm so deeply sorry for the profound trauma you experienced - both the initial removal from your mother and the horrific abuse you endured in foster care. You may be able to pursue legal action against San Joaquin County CPS for negligence, but there are important time limitations you need to know about.
When filing claims against government agencies in California, you typically must first file what's called "notice of claim" within 6 months of the incident. However, since this abuse occurred when you were minor, different rules may apply. Some courts have ruled that the statute of limitations can be extended in cases of childhood sexual abuse, potentially allowing claims to be filed many years later.
Given the complexity of your situation and its serious nature, you would greatly benefit from speaking with civil rights attorney or personal injury lawyer who handles cases against government agencies and child protective services. Many offer free initial consultations where they can review the specific details of your case and explain your options. Please know that what happened to you was not your fault, and seeking both legal recourse and professional counseling support could be important steps in your healing journey.
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