If you are a parent with disabilities and your children were removed as a result, you were denied adequate services, and believe you have been discriminated against; you need to file a complaint with the U.S. Department of Justice, Civil Rights Division, Disability Rights Section - NYA.
Title II of the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12131-12134, and Section 504 of the Rehabilitation Act of 1973 (Section 504), 29 U.S.C. § 794.
Title II and Section 504 prohibits disability-based discrimination by DCF, including the denial of opportunities to benefit from services, the failure to reasonably modify policies and procedures, and imposing methods of administration that have the effect of discriminating on the basis of disability.
Title II applies to public entities, which include state and local governments, and their departments and agencies, such as DCF. 42 U.S.C. § 12131(1). Section 504 applies to the programs and activities of recipients of federal financial assistance. 29 U.S.C. § 794(b)(1)(A), (B). DCF operates child welfare programs and activities and receives financial assistance from the Administration for Children and Families, U.S. Department of Health and Human Service.
U.S. Code Title 18 Section 242:
Deprivation Of Rights Under Color Of Law
Section 242 of Title 18 makes it a crime for a person acting under color of any law to willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States.
For the purpose of Section 242, acts under "color of law" include acts not only done by federal, state, or local officials within their lawful authority, but also acts done beyond the bounds of that official's lawful authority, if the acts are done while the official is purporting to or pretending to act in the performance of his/her official duties.
Persons acting under color of law within the meaning of this statute include police officers, prisons guards and other law enforcement officials, as well as judges, care providers in public health facilities, and others who are acting as public officials. It is not necessary that the crime be motivated by animus toward the race, color, religion, sex, handicap, familial status or national origin of the victim.
The offense is punishable by a range of imprisonment up to a life term, or the death penalty, depending upon the circumstances of the crime, and the resulting injury, if any.
The Federal Rules Of Criminal Procedure:
Rule 3. The Complaint-
The complaint is a written statement of the essential facts constituting the offense charged. Except as provided in Rule 4.1, it must be made under oath before a magistrate judge or, if none is reasonably available, before a state or local judicial officer. (This can also be performed by the court clerk's office).
Rule 4. Arrest Warrant or Summons on a Complaint-
(a) Issuance. If the complaint or one or more affidavits filed with the complaint establish probable cause to believe that an offense has been committed and that the defendant committed it, the judge must issue an arrest warrant to an officer authorized to execute it. At the request of an attorney for the government, the judge must issue a summons, instead of a warrant, to a person authorized to serve it. A judge may issue more than one warrant or summons on the same complaint.
If a defendant fails to appear in response to a summons, a judge may, and upon request of an attorney for the government must, issue a warrant.
The following is a form letter to be included with your complaint RE: Misappropriation of Funds. Edit for your particular situation. Be sure to have this complaint signed in the presence of a state or local judicial officer.
Americans with Disabilities Act Discrimination Complaint
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Civil Rights Division
Disability Rights Section - NYA
Washington, D.C. 20530
To Whom it May Concern,
I am writing to file a formal complaint with this department regarding discrimination against me by state and federal employees in the state of . I have suffered discrimination by the DCFS/CPS of since my children were wrongfully removed from my care in .
The County Court and court appointed lawyers also discriminated against me, denying my civil and parental rights repeatedly.
A complaint has also been filed with the DOJ, Criminal Division and other agencies both in my state and nationally. Please help to protect my rights and bring my children home.
The Department of Child Support Services (DSS/CPS) and its employees denied my rights as a disabled citizen from to . My children were removed from my care after . I told social workers that I have disabilities from shortly after the detention of my children. I was denied adequate services throughout the reunification process. The department denied me services including: (housing, care, and adequate representation, or advocacy); as well as denial of other recommended services.
Agents of this department forced me into drug treatment programs and meetings, despite the fact that I have a verifiable disability and need medicine to manage my symptoms. Despite my efforts to not use prescribed medication for almost two years, I was denied custody of my children. I could not work and was repeatedly hospitalized during this time because my symptoms were not properly managed in order to comply with the orders of this department and court judges.
My parental rights were terminated on , based on the department's discrimination due to my disabilities, claiming that my disabilities preclude me from caring for my children. I have proof that their allegations are false, the social workers committed fraud in court and in reporting, and denied me services recommended by medical professionals.
I have appealed the court’s decisions repeatedly and have been denied by both the State Supreme Court of Appeals and the State Supreme Court, with no logical justification for their decision. I have written to the Attorney General, the Department of Justice, my U.S. Senator, and Governor of the State of . I have also filed a complaint with the Board of Directors. I have not yet received any assistance in this matter.
***Be sure to send your complaint notarized and fax them a copy.
U.S. Department of Justice Section Phone Number: (202) 307-0663
950 Pennsylvania Avenue, NW Section Fax Number: (202) 307-1197
Civil Rights Division Chief: Rebecca B. Bond
Disability Rights Section - NYA Principal Deputy: Chief Anne Raish
Washington, D.C. 20530
You should also send a copy to:
National Council on Disability
1331 F Street NW
Washington, DC 20004
Other legal resources can be found at:
Parents With Disabilities have rights too. Know your rights.
Parents with Disabilities are frequently denied their parental rights. In 2012 a study by the National Council on Disability found that most states have laws that allow discrimination of parents with disabilities. The states which are violating your parental rights based on laws created to discriminate against disabled parents presents a clear and convincing case of "deprivation of rights under color of law."
This page is provided to enable such parents to fight against discrimination by state employees. We all have rights and no one is above the law.
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Supporting Code and Law: The Constitution of the United States
Supporting Articles: Protecting Parents and Prospective Parents with Disabilities
Success Stories: Family Awarded $1.1 Million After Kids Were Removed From Home
Legal Disclaimer: This Website provides educational information and resources to those who is seeking to educate themselves on the family/juvenile court process. Any information provided may not be construed as the giving of legal advice to any person about a particular legal matter and should not be relied upon as the basis for taking a particular action or refraining from taking a particular action in any legal matter. If you want or need legal advice about a particular legal matter, you should consult a lawyer.
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