I'm not an attorney and this is not legal advice.
You wrote: A father of a child in foster care was granted placement, has gone to court many times and has had multiple caseworkers, yet has not been able to pick up his child for twenty months (Anonymized)
If they give him placement, they lose Title IV-E incentives. Foster Placement is not for fathers. Fathers normally obtain custody through a change of custody with the reason being that mom is unfit.
Giving him misinformation that they might give him placement may be fraud. Stringing him along with useless proceedings may be obstruction of justice.
Consider an emergency motion to change custody to change custody from the allegedly abusive or neglectful parent who lost the child to foster care.
Illinois but other states are similar:
When There Are Grounds for An Emergency Motion
When considering restricting parental responsibilities the court will consider additional factors and the factors set out below will give you an idea of what the court deems an emergency:
Abuse, neglect, or abandonment of the child;
Abusing or allowing abuse of another person that had an impact upon the child; Use of drugs, alcohol, or any other substance in a way that interferes with the parent’s ability to perform caretaking functions with respect to the child; and Persistent continuing interference with the other parent’s access to the child, except for actions taken with a reasonable, good-faith belief that they are necessary to protect the child’s safety pending adjudication of the facts underlying that belief, provided that the interfering parent initiates a proceeding to determine those facts as soon as practicable.
https://gatevillerealestatellc.com/emergency-motions-to-modify-child-custody/
Possible failure to:
"protection of civil rights".
"use of the reasonable and prudent parenting standard"
42 U.S. Code § 671
https://www.law.cornell.edu/uscode/text/42/671
Possible failure to respect:
"There is a fundamental right under the Fourteenth Amendment for a parent to oversee the care, custody, and control of a child."
Troxel v. Granville, 530 U.S. 57 (2000)
https://supreme.justia.com/cases/federal/us/530/57/
Possible honest services fraud:
For the purposes of this chapter, the term “scheme or artifice to defraud” includes a scheme or artifice to deprive another of the intangible right of honest services.
18 U.S. Code § 1346.Definition of “scheme or artifice to defraud”
https://www.law.cornell.edu/uscode/text/18/1346
https://en.wikipedia.org/wiki/Honest_services_fraud
Possible criminal conspiracy against rights:
"If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or"
18 U.S. Code § 241.Conspiracy against rights
https://www.law.cornell.edu/uscode/text/18/241
Other possible federal crimes.
Possible:
Fraud
Fraud is both a civil tort and criminal wrong.
In civil litigation, allegations of fraud might be based on a misrepresentation of fact that was either intentional or negligent. For a statement to be an intentional misrepresentation, the person who made it must either have known the statement was false or been as to its truth. The speaker must have also intended that the person to whom the statement was made would rely on it. The hearer must then have reasonably relied on the promise and also been harmed because of that reliance.
https://www.law.cornell.edu/wex/fraud
Possible cause for a federal civil rights action under:
42 U.S. Code § 1983 - Civil action for deprivation of rights
https://www.law.cornell.edu/uscode/text/42/1983
US courts provide forms:
Complaint for Violation of Civil Rights (Non-Prisoner)
https://www.uscourts.gov/forms/pro-se-forms/complaint-violation-civil-rights-non-prisoner
Coercing him to waste time to obtain the federal incentive money for his daughter may be exortion:
Extortion
Forcing action or obtaining something by illegal means. Anyone may commit extortion through force or coercion. A public or private official may also commit extortion under the color of office.
https://www.law.cornell.edu/wex/extortion
Any deceptive telephone calls, messages, e-mails, or texts may be:
Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, transmits or causes to be transmitted by means of wire, radio, or television communication in interstate or foreign commerce, any writings, signs, signals, pictures, or sounds for the purpose of executing such scheme or artifice, shall be fined under this title or imprisoned not more than 20 years, or both.
18 U.S. Code § 1343.Fraud by wire, radio, or television
https://www.law.cornell.edu/uscode/text/18/1343
For both dad and his child, these actions may be the basis of a lawsuit for intentional infliction of emotional distress.
https://www.law.cornell.edu/wex/intentional_infliction_of_emotional_distress
This may be part of a pattern or practice of anti-father bias in Title IV-E funded child welfare programs.
https://www.reddit.com/r/MensRights/wiki/faq#wiki_14._is_there_evidence_of_sexism_and_corruption_in_the_child_protective_services_bureaucracies_in_the_united_states_.28title_iv-e.29.3F
This may be in effect a conspiracy to kidnap the child. Any conspiracy to kidnap may be racketeering:
(1)“racketeering activity” means (A) any act or threat involving murder, kidnapping, gambling, arson, robbery, bribery, extortion, dealing in obscene matter, or dealing in a controlled substance or listed chemical (as defined in section 102 of the Controlled Substances Act), which is chargeable under State law and punishable by imprisonment for more than one year;
18 U.S. Code § 1961.Definitions
https://www.law.cornell.edu/uscode/text/18/1961
A social worker or school worker who may have deceived dad to force the child to stay in foster care when dad is willing to care for the child mayb be denying the child access to a loving father intentionally for money, and may be abusing that child. In so doing they are failing to report their own abuse or if they are aware of it, the abuse of their coworkers, a crime.
A person who, while engaged in a professional capacity or activity described in subsection (b) of section 226 of the Victims of Child Abuse Act of 1990 on Federal land or in a federally operated (or contracted) facility, or a covered individual as described in subsection (a)(2) of such section 226 who, learns of facts that give reason to suspect that a child has suffered an incident of child abuse, as defined in subsection (c) of that section, and fails to make a timely report as required by subsection (a) of that section, shall be fined under this title or imprisoned not more than 1 year or both.
18 U.S. Code § 2258.Failure to report child abuse
https://www.law.cornell.edu/uscode/text/18/2258
Possibly defrauding the United States:
If two or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose, and one or more of such persons do any act to effect the object of the conspiracy, each shall be fined under this title or imprisoned not more than five years, or both.
18 U.S. Code § 371 - Conspiracy to commit offense or to defraud United States
https://www.law.cornell.edu/uscode/text/18/371
State child support, parenting time, and child protection, and elder abuse are all primarily funded under federal law Title IV-D and Title IV-E. Consider filing complaints.
HHS Office of Inspector General
Phone. 1-800-HHS-TIPS (1-800-447-8477)
https://oig.hhs.gov/fraud/report-fraud/contact.asp
HHS Office of Civil Rights
https://www.hhs.gov/civil-rights/filing-a-complaint/index.html
Department of Justice Civil Rights
The Civil Rights Division of the Department of Justice, created in 1957 by the enactment of the Civil Rights Act of 1957, works to uphold the civil and constitutional rights of all Americans, particularly some of the most vulnerable members of our society. The Division enforces federal statutes prohibiting discrimination on the basis of race, color, sex, disability, religion, familial status and national origin.
https://www.justice.gov/crt
Anyone may report federal crimes to the FBI.
(202)324-3000
http://tips.fbi.gov/
Possible basis of a class action lawsuit for similar situated people:
WHAT ARE SOME EXAMPLES OF CLASS-ACTION LAWSUITS?
There are many cases and issues that can be brought as class-action lawsuits. Often, class actions fall into one of the following categories:
...
Consumer: These class actions hold accountable business entities who engage in systematic and fraudulent or illegal business practices that scam or harm the consumer. Examples include antitrust cases like price-fixing, market allocation agreements and monopolistic schemes.
Employment: Employees who have been discriminated against, employees with immigrant worker issues, workers who have hour and wage issues and employees who have on-the-job injuries or suffer because of employer safety violations can bring class-action lawsuits against employers.
https://www.hbsslaw.com/about/what-is-a-class-action-lawsuit
CIVIL RIGHTS CLASS ACTIONS:
A SINGULARLY EFFECTIVE TOOL TO COMBAT DISCRIMINATION
For over 50 years, class actions have been among the most powerful tools to secure civil rights in America. Brown v. Board of Education, 1 which outlawed school segregation and set the stage for the entire civil rights movement, was a class action lawsuit. More recent examples include the case portrayed in the Hollywood movie “North Country,” based on the case Jenson v. Eveleth Mines and considered to be the first sexual harassment class action lawsuit.
CENTER FOR JUSTICE & DEMOCRACY
https://centerjd.org/system/files/CivilRightsClassActionsF.pdf
Any deceptive action by a social worker:
The National Association of Social Workers has a Code of Ethics:
https://www.socialworkers.org/About/Ethics/Code-of-Ethics/Code-of-Ethics-English
Possible misconduct by a social worker:
Social Workers:
How To File a Complaint
Steps for filing a request for professional review
NASW is very interested in reviewing situations that affect the integrity of our profession.
https://www.socialworkers.org/About/Ethics/Professional-Review/How-To-File-a-Complaint
Any lawyer involved in any potential deception leading to forcing the child to stay in foster care:
Complaints Against Lawyers
The ABA is not a lawyer disciplinary agency and has no authority to investigate or act upon complaints filed against lawyers. Each state has its own agency that performs that function in regard to lawyers practicing in that state. Locate your state agency from the Directory of State Disciplinary Agencies.
https://www.americanbar.org/groups/professional_responsibility/resources/resources_for_the_public/
I wish you the best of luck in your search for justice.
Tweet and gettr with me to seek justice:
A father of a child in foster care was granted placement, has gone to court many times and has had multiple caseworkers, yet has not been able to pick up his child for twenty months. Fix @OIGatHHS @HHSOCR @POTUS @AmbRice46 @GOPHELP #FathersRights https://www.reddit.com/r/MensRights/comments/13m8uf8/a_father_of_a_child_in_foster_care_was_granted/
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