Q: Can I sue Dfps if my child broke his arm while under their care?
My kids have been in cps custody for a year. They let the kids ride horses including my autistic son. The saddle on the horse was loose which caused him to slip off and break his arm. They never asked my permission and didn't tell me for like 2 days.
A:
If your parental right to sue on behalf of your child has not been terminated, you can theoretically sue on behalf of your child.
But I would caution you that you may not have a valid cause of action even in the best of circumstances. You will need to gather together the medical expenses you paid for your child's medical care in order to show the damages you sustained. You will also need to prove negligence. The mere fact that the accident happened is not proof of negligence. So make sure you get detailed statements from all eyewitnesses detailing exactly what acts DFPS took, and what omissions occurred that DFPS was responsible for. You will also need to follow the Texas Torts Claim Act and give all the proper notices.
You should discuss this situation with the attorney who is assisting you in your DFPS case to determine the best route to take. He may not be able, or willing, to assist you in filing a civil lawsuit for damages. You may have to hire another attorney with experience handling personal injury claims against government entities.
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