Out-Of-Control-CPS in California Loses $1 Million Lawsuit
Vindictiveness on the part of the public school led to CPS taking a 7-year-old boy from his parents after a peanut-allergy disupte at school.
Kern County has agreed to pay a Kern River Valley family $1 million for wrongfully taking their son in 2008 when the family was in a dispute with the South Fork Union School District over how school officials were dealing with the boy’s food allergies.
Attorneys for Darlene and Larry McCue finalized the settlement Tuesday, said attorney Robert Powell. They have also reached a settlement of $10,000 with the foster parents, whom the McCues sued for fraud. And a settlement with the school district is pending, he said.
As for Kern’s part, Powell said the $1 million is “very significant.”
County Counsel Mark Nations could not be reached for comment Wednesday evening, but had said earlier in the day that he had nothing new to report on this case.
Aside from the monetary settlement, Kern’s Child Protective Services division has also been working for several months on a new policy to require social workers to get a warrant before removing children unless they are clearly at “imminent risk” of harm or death in the few hours it would take to obtain the warrant.
Nations did say he expected that policy to be unveiled within the next month or so.
Removing children without a warrant was one of the main issues in the McCue case, as well as several other cases that have come to light recently.
The McCues had been at odds with the school district for some time over school officials not affording their son non-peanut options during school and after school activities.
The dispute escalated when the McCue’s reported the district to the State Board of Education.
They believe that school officials retaliated against them by filing false accusations with CPS. An attorney for South Fork has said previously that school employees were only answering questions from doctors and law enforcement.
Once CPS became involved, the McCues were accused of purposely endangering their son by having him undergo unnecessary medical procedures for imagined or exaggerated conditions.
Then in March 2008, when the boy was just 7 years old, the Sheriff’s Department picked him up at school without a warrant and no notification to his parents.
He was kept in foster care for four months before a juvenile dependency court found no evidence that supported his removal.
Shawn McMillan, another attorney for the McCues, has said the law is very clear that authorities must have a warrant to take a child unless they believe the child will suffer serious physical harm or death in the few hours it would take to get a warrant.
“There are no nuances, ” to the law, McMillan said.
County to pay $1 million to family whose child was taken
[The Bakersfield Californian 5/16/12 by Lois Henry]
REFORM Puzzle Piece
Darlene Grantham McCue has a serious mental problem and needs to be admitted to a Psychiatric Hospital. She is NOT mentally capable of raising a child. CPS was correct regarding unnecessary medical procedures for imagined or exaggerated conditions. Exaggeration is putting it lightly! Anyone who claims to have had their wallpaper removed, professionally cleaned and put back on the wall after smoke damage, has mental issues! She accused her brothers of giving the Dr. orders to give their mother a shot to kill her. She accused an elderly lady of poisoning her daddy and causing his death. Darlene told family members she had their daddys urine in a jar and was going to have it tested. Darlene accused her brother of drowning her boyfriend at the ROSS BARNETT RESERVOIR in Jackson, MS approximately 30 years ago, but she NEVER reported it to the authorities! The list goes on and on!! Confirmation of these accusations can be confirmed by family members, (The Granthams) of Jackson MS, “Star, Florence, Richland area”),Orange TX, Quinlan TX, Magee MS, and Monticello MS.
Those are some serious accusations about Darlene that we are not able to address. I think my readers would like to see another take on how the child is now getting along in this family. Here is an editorial that summarizes the case was written by Lois Henry See http://www.bakersfieldcalifornian.com/health/x1076260426/They-cant-get-along-so-taxpayers-cough-up-1M
In it, it says that Preston is 11 and thriving in a new school environment and that his medical condition is in check now because they have identified all of his allergies and have him on the correct medical regimen.What exactly is the imagined condition? Are you saying that UCLA doctors are liars?
I can only hope that you never have to deal with a loved one with allergies. It takes a lot of testing and time to figure things out.
REPLY TO RALLY: I am Darlene Grantham McCue and I am shocked at this comment but totally understand the reasoning behind it. Thank you Rally for setting this “FAMILY MEMBER” straight!! This family member-actually two family members put this together. Their names are Becky Grantham,(sister-in-law) Teresa Grantham Botsford (sister). They are both mad because they WILL NOT be benefitting from the monies we are receiving from this case. They both are broke and was very happy because they thought I would be sharing this bankroll with them. I noticed they were too chicken to idenitify themselves so thanks for the help in letting me know who the name “Family menber” was. It is a shame that they are mad because I refuse to take from my son to benefit them but my child will always come first. They did not give family member names, (because they were too chicken) that could verify their false accusations so I will give family member names who can verify they are liars. My sweet sister who has lived through some of their lies through the years, (Hilda Snellgrove Cell 205-792-4303), my sweet sister-in-law & wonderful brother Dennis & Joyce Grantham they live in Monticello, Ms, my dear sweet brother & sister-in-law Tommy & Barbara Grantham of Star, MS, and there is many others and will be glad to give you phone numbers if you call me 760-223-1479. Yes, you are correct UCLA, Dr. Clare Frankomono from John Hopkins University (who was called as an expert), Dr. Eric Mart from NH, (Munchausen specialist who was called as an expert), and Preston’s local doctors confirmed ALL medical treatments my child received over the years were medically necessary. And yes UCLA (Dr. Garcia) said Preston has several allergies that were OUT OF CONTROL when he first came to them. Also Dr. Raffi Tachjian from UCLA diagnosed Preston with CRPS, (complex regional pain syndrome). Dr. Garcia prescribed medication that Preston takes on a daily basis and he has NOT been sick in a long time. He is doing great, eating well and enjoying life now that we have finally figured out why he suffered so many years from all the illnesses. HE HAS SEVERE ALLERGIES AND A LOT OF THEM CONFIRMED BY UCLA!!! And as for the CRAP that was listed in this comment: ABOUT THE WALL PAPER-years ago I had a roommate that let some food he was frying catch on fire and there was smoke damage in my kitchen. I hired a wallpaper company to remove the smoke damage wall paper, steam clean the wall to remove the old wallpaper glue and install more NEW wallpaper, not sure why these two found that so unusuall. For the SHOT THAT WAS GIVEN TO MY MOTHER THAT KILLED HER: my dear mother was dieing slowly, her heart was stopping, doctors said there was nothing else they could do. She knew she was dieing and had told me “I want to die at home and I have a lot to tell YOU that I want you to take care of for you and the rest of my kids”. And she had been awake for a few days and would not go to sleep till she could go home and explain to me what all she wanted me to do. They whole family was worried about her not sleeping. Dr. Gary Starth told the whole family that there was a SHOT he could give her that would “PUT HER TO SLEEP AND TAKE HER ON OUT OF THIS WORLD” and I got very upset. I said NO please let her die on her own. I was trying to grant my dear mother’s wishes and I told my brother Junior Grantham that I am going to hurry to her house to meet the hospice nurse there so I can have the bed ready for my mother when she is granted her wish of coming home to die. I begged my brother junior grantham to PLEASE don’t let anyone tell the doctor to give that shot to my mother, he promised me he would protect her. I left the hospital and hurried to her house about an hour later my precious brother Ricky brought her in his van to her home and when he took her out of the van he said she is already dead cause junior told the doctor as soon as you left to give her that shot. And she completely passed away just as she was being laid on her bed. Yes I was upset and still am at Junior for allowing my mother to be killed. She was already dieing but had so many things to tell me and was not allowed to tell those who counted THE MOST her last wishes. So, yes this broke my heart and it has been 13 years and I still suffer nightmares about the day she died. And I DID NOT accuse my brother of something that he himself will tell he did not do, he will tell you he couldn’t stand to see her suffer and called for the shot thinking he was doing the right thing but I got upset with him because she wanted us to know things that today we will never know because of that shot. So, I did not accuse him of anything HE DID IT and will admit he did that. FOR THE ELDERLY WOMAN POSIONING MY DAD: my dad had a sweet lady living with him after my mom died and he was having a lot of medical issues. He would get real sick at home and go the the hospital and get all better and go home then in a few days sometimes weeks he was real sick again and back in the hospital. My brother Ricky whom I love & trust very much got worried about our dad getting sick so often and brought it up to me that maybe the lady that was living with my dad was poisoning him. I ask my dad if he thought his getting sick a lot had anything to do with anyone poisoning him he said no honey I am just old and sick. He was 82 and was fighting many medical problems. My brother Ricky called me many times in CA and would not feel comfortable that our dad was not being poisoned till I did something to check out his concerns. I had many test done on him and ask that the lab look for poisons and all the test came back negative. Dr. said all they could find was the medications he was taking on a daily basis. These two felt that was unusal that I would go out of my way to get my dad tested for poisons but it relieved my brother Ricky’s mind that our dad was not being poisoned. These two would NEVER put themselves out to pay their own money to help people like I have so when I refused to give them money that makes me mental ill!! Anyway about the DROWNING OF MY BOYFRIEND: My brother and several cousins and my boyfriend and I went swimming one day and my boyfriend drowned. It was a horrible experience, just two years before that my boyfriend’s brother had gotten into an accident and drowned and two years before that his oldest sister got killed in a car reck.So, this mother had to do the worst thing in this world she had to accept the fact that she had lost three kids to accidental deaths in less than five years. And when my boyfriend drowned his mother knew that my dad and my brother did not like him because they wanted to protect me so she always believed he was drowned by my brother. I talked to my brother and told him her thoughts and he said I would never do anything that would hurt you and I know he would have saved him if he could. These two always caused problems for our family and would have enjoyed stink they could stir up about this and everything else. My brother would help you, he was a very loving person. Just for the record the brother they are refereing to in this drowning accident is deceased, he past away 11-17-10 these two don’t even care that he has passed. He can’t even fight back and defend himself and they still are trying to start something to tarnish his name. But to me he is shinning his brightest now!! They better watch their mouth cause God will take care of those who do bad deeds!! Anyway this is what people do that want something for nothing. They don’t care about the fact that my child suffered and is still in therapy because of what this school done, all they cared about was trying to CREAT a mental illness for me by writting crap that was showing their education level. They need to sweep around their own front door before saying I have a mental illness. If the information that they have in their closets was printed on here then you could see who has a great possible of being diagnosed with a MENTAL ILLNESS. I am more educated and classy than that, I will just say there is some children that are with these two that would benefit from CPS. Call me and I will give you details!! But I am better than them and will not print things I can’t prove or things that I have mentally turned around cause someone will not GIVE me their money!!! And as for my child he is doing great. We have moved to TX, he will be in a new school district and this school said they will be glad to accommodate his severe allergies. He is so excited to be out of CA and away from the principal that started all this. And we are happy laws where changed because of our case. I am sure some kids needs CPS services but there are some who would do better being left in their home and now that the laws have been changed, it is going to be easier to help the children that truly need it. Thank you for standing up for my child. Yes it has been a long road we have traveled to keep him well and this new medication is a merical, we are so happy now he is living a siminormal life. There are stil limits but it is easier now that UCLA told us nwhat to do to help. Now we are living it up in TX and having the fun we missed this past four years.
AMENDMENT TO my, (Darlene Grantham McCue) original posting. You have to ignore the misspelled words. I was very shocked to see this comment and it was very late when I was replying to it. I forgive those who talk about me behind my back. Words will never hurt!! To Becky, Teresa, Joyce, Monica, Angela, Amanda, Please try to push out some of the hate you have in your heart and make space for God and your life will get better!!
You should see how this is still playing out. This kid is still “sick” from all sorts of mystery illnesses. I do believe this lady is dangerous to this child.
Wow SISSY after two years you are still jealous that I refused to take from my son and give money to you. You are coming on here saying things that you can be sued for. Because you are not smart enough to know and it’s obvious you are dumb to the fact that your words are traceable through email, so unless you wish to find yourself in a lawsuit with me and you will be the defendant you need to keep your slanderous remarks to yourself. I spoke to my attorney and he is ready and willing to take the case any time I want. And you know I got the money to win!! So keep it up and you will be sued!!! Your email and you are being watched for posting else where too, so if you post lies and slanderous remarks about me one more time, I promise you I will get to face you in court!! Have a nice day! Darlene McCue-Smith
Hi I would like to speak with Darlene if at all possible because I too would like to sue in regards to my case but I need a little advice as to procedures taken. Thanks. Tanisha. Email is tanflo5781@gmail.com. Thanks again