Anonymous
Anonymous asked in Politics & GovernmentLaw & Ethics · 1 decade ago

Is it true that social workers are part of the STATE LAW?

After I turned 18 & got out of foster care, I was looking into filing a lawsuit for the social worker encouraging my foster mom to NOT give me my trust fund money from my biological dad. It was $5,500, & my former foster mom said, "You can't sue the socia worker! She IS the law! How are you gonna sue her?" I needed to sue the social worker & the foster mom. Also, I had about $4,000 in Social Security back pay, & she took that, too. I wasn't able to sue because I didn't have enough money, & I had no proof. How can someone prove theft? I showed them my award letters & they said that's not proof enough. Also, they were very forceful upon me & the social worker MANDATED that I let my foster mom put her name as the head of my bank account, & she said that if I didn't do it, then I wasn't gonna get my checks. Then, I found out all my money was GONE. Her name wasn't on either of my checks but they were on the bank account. I was 18 & old enough to have my OWN acct. I'm 24 now. I didn't know

Update:

my legal rights back then like I do now. I still don't know the law that well. & the social worker threatened to not let me go to college, & she wouldn't let me go to the college of my choice.

***Thanks for the help. I know this was 6 yrs. ago, & it's too late, but I'm still bothered by it. If it weren't for this, I wouldn't have to be taking out student loans. & every penny I spend, the foster mom DEMANDS an answer for what I did with it, & last yr., my foster mom's daughter butted in my business & said, "Let me see a copy of your bank statement & give me your bank account #." Isn't that illegal? & when other people take advantage of me, they call me STUPID.

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  • 1 decade ago
    Favorite Answer

    THAT social worker did not care to understand her job description. I am a social worker and I help the kids on my caseload fill out applications for college, financial aid, apartments, Victim Witness Funds, Social Security and whatever else they need assistance with.

    In California, the Social Worker spends the money on APPROVED items that YOU can take with you when you leave the foster home and believe me, those items have to be APPROVED and verified monthly that they are still in YOUR posession.

    There is a checks and balance system with MANY signatures before ANY funds are approved and receipts have to be presented with a picture if the item....hopefully your foster home with YOU standing next to it.

    File a complaint with your District Attorney. The statute if limitations may not have ended.

  • 1 decade ago

    You can absolutely sue them, you just need to decide if that's the best route to get your problem solved. An attorney could subpoena records related to your case to identify any instances or patterns of mishandling of your funds. Medicaid requires strict accountability for the handling of any money that you were to have received, so that information should be readily available to a lawyer acting on your behalf. Where do you find one? Look in the city government section of your local phone book and look for legal aid services. You should be able to find a low cost or free attorney to assess the strengths of your case. Social workers have limited power of attorney to act as "guardian" on your behalf in legal and financial matters until you're old enough to do so on your own. That's likely how your funds wound up missing. Now, they could be gone as part of costs of maintaining your upkeep while you were in the foster program, so be prepared for that possibility. But if that's the case, there should be a clear paper trail of documentation that supports the fact that this is what happened...and they must account for every single cent. (In the state I live in, I think trust fund money is exempt from being messed with by anyone.)

    Good luck to you.

  • 4 years ago

    It relies upon. distinctive states have distinctive regulations. Strictly conversing, state social amenities do have a level of criminal authority, enormously the place little ones are ce in contact. even although, there is not any blanket immunity from criminal action (consisting of complaints). States DO supply a level of risk-free practices. that's needed--or a cop could get sued every time he wrote a site visitors cost ticket. yet that risk-free practices merely is going so some distance. back, the policies variety--yet you do have criminal recourse. it could't be in th eform of a civil lawsuit against the persons--the thank you to try this's something for a lawyer to return to a determination. that's with connection with the social worker(s). Foster mothers and fathers are actually not state workers and so some distance as i comprehend have no particular prestige. this would not be genuine in all states, yet so some distance as i comprehend they are in a place to be sued as ought to the different inner maximum citizen.

  • Anonymous
    1 decade ago

    sounds like you've been ripped off by the very people and agencies who are supposed to be acting in your best interests. sadly, social services often contracts with foster parents who are less than caring and ethical.

    How can you have no proof? there's always documentation of pay, social security payments, etc, even if you have to do a lot of legwork to get it together. this should teach you to keep good financial records in future and starting now.

    meantime, the best you can do is find an attorney who's willing to take your case on a contingency basis -- meaning they don't get paid unless you win the case. unfortunately, they take a big chunk of the settlement and you're not talking about huge amounts (though it may seem like it now).

    my best advice: forget about it and get on with learning to take care of yourself and being self-sufficient. good luck.

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  • 1 decade ago

    Sounds like the makings of a civil case to me. Pop along to any community legal centre to get some free advise, or a solicitor that offers the frist consultation free. Anyone can sue anyone else. No one is above the law

  • Anonymous
    1 decade ago

    Im also in foster care and im 17 and i KNOW that they cant do that. the only way that would be possible was if the account was started when you wernt 18. and even after that you should be able to get your cash when you turned 18. but if was gone when you went to get it then you definitly got screwed

  • 1 decade ago

    Yes and no. Yes they have the authority to act on the behalf (?) of a child or family, and yes they have the power to break up families and often do, however, your situation sounds not quite right to me. I would speak with an attorney if I were you.

  • 1 decade ago

    Sure you can sue them both. You've already uncovered the problem...paying for a lawyer will cost more than whatever you can recoup. If you somehow lose, it's even worse.

  • there not part of the law.

    Go and see your LOCAL lawyer and ask for help.

    If i were you get a restraining order against ur STEP MUM.

  • You should consult an attorney......

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