Q: CPS - child protective services - failed to remove a child from a dangerous home. Now the child is severely injured because of abuse. Can I do anything to sue CPS - child protective services - and hold them responsible?
A:Yes, but it depends on the specific facts and circumstances of each case. If child protective services CPS was ordered to remove a child to an emergency shelter by the juvenile court, but failed to do so in a timely manner, then you can file a lawsuit against child protective services in California and hold the county and CPS workers responsible for failing to comply with the mandatory duty to remove the child. Or, if the CPS workers increased the endangerment to a child before the severe abuse - by filing false reports or failing to make required inspections - then a federal civil rights lawsuit under 42 USC 1983 may be an option for that particular situation. Bottom line - it depends on the facts. Call or e-mail our State of California child abuse lawyers for a free analysis to see if we can help you help the child.