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    Post: Can a Foster family sue DYFS?

    Posted by Jarek on 10/29/13


    My partner and I are wondering if foster families are able
    to sue DYFS? We have been fostering 2 teen brothers for 2
    and 1/2 years. After serious efforts we had decided that we
    were not equipped to help them with their severe delays and
    could not adopt them. That decision essentially blacklisted
    us from getting any other children placed for 9 months.
    Over this past summer we were offered an opportunity to
    take in a 5 y/o with PTSD. The case worker emphatically
    told us that because of our "history" with the other boys,
    they would need our "100% commitment" to adopt this boy.
    After 10 minutes meeting this child, he had our hearts. He
    instantly took to our entire family. For the first time in
    years we had a happy home. Less than 2 weeks ago, an
    allegation of inappropriate contact between a previous
    foster child and a current foster child was made. It had
    nothing to do with us as a resource family, nor did it have
    anything to do with the 5 y/o. The investigator spoke with
    each member of the family for 5 minutes or less. We were
    shocked at the allegations and knew they were baseless. The
    investigator told us not to worry-- it was just something
    they had to look into. Less than 12 hours later, the case
    worker for all 3 boys called to tell us that the boys were
    being removed for the duration of the investigation. They
    picked up their items and got the boys from their schools-
    we did not get a chance to see them before they were taken
    away. Our hearts broke. Here is the crux of the story, I
    found out from another parent that she overheard the case
    worker tell the teacher that the 5y/o will not be coming
    back to the school. So on the same day he was removed from
    our home, he was already planned to go to a different
    school in a different area (which is something we were told
    DYFS NEVER does. Our 2 older children were moved to a
    shelter. Not even a foster home, but a shelter! I found out
    3 days later that DYFS had already placed the 5y/o with an
    adoptive family. The allegations were already found to be
    untrue, and the child confessed to lying about the story.
    In the meantime my partner and I have been suffering with
    great emotional distress. The law guardian for the 2 older
    boys asked if we would take those 2 back. These boys have
    spent half their lives in DYFS, and now thrown into
    shelters, having accusations that they are too
    intellectually immature to handle, and have needed to be
    severely medicated since being removed. I'm sorry for being
    so long winded but I need to get this out. I understand the
    need for an investigation, but removing 2 children who had
    nothing to do with the allegation, and then giving away a
    child who was supposed to be adopted by us "ASAP" (in
    DYFS's terms), well it's just cruel. Our family has been
    torn apart. No one, and I do mean no one, at the local
    office will take our calls or return our messages. We only
    got the information previously mentioned by people who saw
    the great love we give to all our kids and wanted to tell
    us anything they could. Is there anything that can be done?
    Can DYFS be sued in any way for the emotional distress that
    has been caused to the 5 of us? Not just for myself and my
    partner, but for the fact they had promised us this child.
    We rearranged our life to take this boy in. He was part of
    our family for 3 months. And then all of them are gone. I
    will likely never see my 5y/o again. I am a broken hearted
    dad and we are a broken hearted family. If anyone has any
    ideas on how we can file a complaint, sue, or whatever,
    please share the information. Please help my family.

    Posts on this thread, including this one
  • Can a Foster family sue DYFS?, 10/29/13, by Jarek.


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