Showing posts with label Avvo free legals questions answered. Show all posts
Showing posts with label Avvo free legals questions answered. Show all posts

Monday, August 25, 2014

AVVO- On What Grounds Can CPS Take Custody With Out A Court Order?

 

 

Asked 3 months ago - Dallas, TX

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If cps asks u to take a mouth swab drug test and u take it but after over 15 minutes of not only you but also the caseworker swabbing the test around your mouth the test will not show a reading not positive or negative can they say that it is the same as being positive and remove your child?

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Attorney answers (3)

  1. Licensed in TX

    Roderick Carlos Lopez

    Roderick LopezPro

    Car / Auto Accident Lawyer - Laredo, TX

    Contributor Level 8

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    1

    Lawyer agrees

    Answered 3 months ago. I would say there needs to be a showing that your child is in immediate danger before they can take your child.
    An exception is a prior CPS violation where a safety plan violation occurred.

  2. Licensed in TX

    Dorothea Elaine Laster

    Dorothea LasterPro

    Family Law Attorney - Lake Dallas, TX

    Contributor Level 18

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    Answered 3 months ago. I wouldn't think so. I would expect her to retest.

    Ms. Laster practices in Dallas, Denton, Collin and Tarrant Counties. Principal office located in Lake Dallas,... more

  3. Michael Barry Arkin

    Michael Arkin

    Lawyer - San Diego, CA

    Contributor Level 2

    Answered 3 months ago. The SW should ask for a second test. If you refuse, that is generally treated as a positive. Your history with CPS, if any , plays a part in this scenario. For example a history of evading tests will make a failed result more likely to be viewed as a positive.

 

 

http://www.avvo.com/free-legal-advice/Child%20Protective%20Services

http://www.avvo.com/legal-answers/on-what-grounds-can-cps-take-a-child-without-a-cou-1716638.html

What can a 16 year old do about the severe verbal and physical Abuse from adopted family?

Asked 28 days ago - Marana, AZ

 

I was contacted by a 16 year old who is being extremely physical and emotionally abused by the adopted family. What can we do and what can this 16 year old do?

 

Attorney answers (2)

  1. Licensed in AZ

    Danielle K Graham

    Danielle GrahamPro

    Business Attorney - Phoenix, AZ

    Contributor Level 8

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    Lawyer agrees

    Answered 26 days ago. Absolutely call the police. If you are looking for a civil remedy (i.e., getting money from the abusers), you can file a lawsuit to recover for the emotional abuse. The more urgent matter is getting the 16-year-old out of harms' way by calling the police (or 911 should the abuse happen again).

  2. Licensed in AZ

    Ryan W Cummings

    Ryan W CummingsPro

    Domestic Violence Lawyer - Scottsdale, AZ

    Contributor Level 14

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    Answered 29 days ago. Call the police. If a person is suffering from physical abuse the police will intervene. The next stop would be cps.

http://www.avvo.com/legal-answers/what-can-a-16-year-old-do-about-the--severe-verbal-1818199.html?utm_campaign=30_day_ask_jd&utm_content=question_legal&utm_medium=email&utm_source=return

Wednesday, December 12, 2012

Understanding Who You Can Sue Under Section 1983

Written by: John Barto McEntire IV

Federal Crime Lawyer

 

State and Local Officials

State and local officials can be sued in their personal capacities, even though the claim for relief arose out of the official's formal responsibilities. These officials cannot be sued in their official capacities, except when a person is suing for prospective relief.

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Municipalities and Municipal Entities

Municipalities (e.g., Spokane County), can be sued under Section 1983.

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States and State Agencies

Section 1983 does not allow for suits against states and state agencies.

4
Municipal Officials

Section 1983 allows suits against municipal officials in their official capacities. That said, a claim against a municipal official (e.g., the Mayor) in his or her official capacity is tantamount to a suit against the municipal entity itself. Thus, when a plaintiff sues both, courts often dismiss the suit against the official as redundant.

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Municipal Departments, Offices, and Commissioners

Municipal departments, offices, and commissioners are normally not considered suable entities. This is purely stylistic. In other words, instead of naming the Spokane County Sheriff's Department as a defendant in a Section 1983 action, the plaintiff should simply name the governing municipality (i.e., city, town, or village) of which the department is a part.

http://www.avvo.com/legal-guides/ugc/understanding-who-you-can-sue-under-section-1983

Child Custody Questions

http://www.avvo.com/topics/145-child-custody