Post: Can a Foster family sue DYFS?
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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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