QUESTION

my husband and I are wanting to sue dfs in two counties for failure to protect a child and for discrimnation ,harassment and failure to do their jobs.

Asked on Nov 08th, 2012 on Civil Litigation - Missouri
More details to this question:
every time we have called dfs in regards to the way our daughter is being treated and cared for whenshe comes back from her mothers, it is thrown to the side as not enough evidence to substantiate the case being opened. they have seen police reports, pictures of bruises that have been on this child and have voiced there concerns and agree that the child shouldnt go back to her mothers but then fail to do anythin to prevent this child from going back. The most recent case that is happening is that my husband brought the child out to the er for bruises and a bad rash that was on her butt. The er doctor thought it was child neglect and called the police and dfs to step in and a report was filed. The dfs worker today said those bruises were done at our house according to the other party as well as the rash and we had only had the child in our care for less that an hour before she was taken to the er. we are needing help and the best lawyer that can help us
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1 ANSWER

Litigation Attorney serving Greenwich, CT
Partner at Hilary B. Miller
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This does not sound like a promising fact pattern for you. In order to prevail in a tort claim against a government agency, you will face significant obstacles. This is especially so when the agency in question is charged with erring on the side of being more protective of children when the facts are amgibuous. See an attorney about this. You will need to disclose more facts than this for a comprehensive analysis of your situation to be made.
Answered on Nov 09th, 2012 at 10:21 PM

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