Lawsuit: Michigan DHS

By on 9-13-2012 in Adoption Fraud, Foster Care, Government lawsuits, Honest Representation, Lawsuits, Michigan

Lawsuit: Michigan DHS

Eight Michigan families plan to file a federal lawsuit against Governor Rick Snyder and the Department of Human Services Thursday.

The lawsuit will allege DHS employees abused 19 adopted children who are handicapped. It claims there were several counts of negligence, fraud and wrongful adoption. They also face allegations of constitutional violations, violations of civil rights, violations of federal and state foster care and adoption laws, discrimination on the bases of handicap, race and age and violations of medicaid regulations.

The attorney says DHS also refused to give these families financial assistance once their children’s handicaps were discovered.

The families reportedly will say they were told the children were physically and mentally healthy at adoption, but say that wasn’t the case.

“It’s heart wrenching when you hear the stories of these families. Many of them are going bankrupt trying to pay for the tens of thousands of dollars of costs for care and treatment and placement of these children and that’s what this adoption subsidy is supposed to pay for and they’re being denied that assistance,” said Attorney David Kallman.

A DHS spokesperson says their counsel is looking into the allegations, but since the complaint hasn’t been filed yet, they didn’t have a comment.

The law firm representing the families will hold a press conference Thursday. 6 News will be sure to follow this story and bring you updates as they develop.

DHS later released this statement: “DHS has already prevailed in the majority of cases referenced by this attorney at the administrative level, and Michigan courts on review have repeatedly ruled in DHS’ favor in most of these cases.  Because DHS takes all issues of child safety seriously, the state Attorney General’s office– on behalf of DHS– met with Mr. Kallman regarding his allegations this past August.  Subsequently, the Attorney General’s Office has requested information from Mr. Kallman to assist with this matter, thus far to no avail.”

Handicapped Adopted Children Allege Abuse by DHS

[WLNS 9/12/12 by Maria Hechanova]

“There’s a claim that the civil rights of the parents are being trampled upon by the state because of the state’s failure to disclose information. Who is in the best position to gather information about a child when the child is put up for adoption? It is the state. And if the state is not taking on the responsibility of gathering that information and disclosing that information, that becomes a civil rights violation, that’s a federal issue,” said Langton.

Lansing-area attorneys David and Stephen Kallman told the Detroit Free Press officials from the Department of Human Services and adoption agencies routinely withheld medical records and information about financial subsidies for special-needs children, misled prospective adoptive parents about their rights and stonewalled their attempts to seek assistance.”

“Some parents claim their adopted children, most of whom were removed from homes of their biological parent or parents by court order, tortured pets, attacked family members and set fires.

The lawsuit also claims that several light-skinned ethnic minority children were “passed” as Caucasian for the sole purpose of depriving them of federal and state assistance to which they were entitled.

“It would be in the best interest of everybody if the state would disclose whatever information the state knew about these children before they adopted. I mean, disclosure is the name of the game in so many things. We have disclosure laws when you buy a car or a house, so why shouldn’t we have disclosure laws when you adopt a child,” said Langton.

If disclosure laws were in place, Langton said he thinks the number of adoptions would actually increase.

“You have to know what you’re buying, what you’re getting. I don’t want to make it on so impersonal terms here, but we’re talking about the life of a child, that if the parents are doing something good for the children, they should know what they’re getting so they can plan ahead accordingly… I think the state has a duty to go out there and investigate the background of this particular child and the family as well. It would help not only people in Michigan, but across the whole country,” said Langton.

Families included in the lawsuit are seeking as much as $13 million.”

Parents Sue Mich. DHS For Adoption Fraud

[CBS Detroit 9/13/12]

The 113-page federal complaint can be found here.

REFORM Puzzle Pieces

5 Comments

  1. This is why THE STATE OF MICHIGAN should stop selling—or should I say trafficking our children! The children should go to family and not strangers when they absolutely have to be placed outside the home! Fostercare and adoption of just ways for Michigan Department of Human Services to steal Title IV funds(Social Security) and traffic our children—especially African-American children to white people. These people knew something was wrong with the children when they got them, but a lot of the FUNDING has dried up and so now they are going to sue for it! IT’S THAT SIMPLE. I’m going to sue the bastards, myself.

  2. Those children were not passed as white! White people have been stealing our children for years! They knew the ethnicity of those children and have passed the children off as being white up until now. They want the money and that is it. My daughter was stolen by white workers and given to a white woman, so don’t come on here with this bullshit! I’m going to find out where this will be held and I will appear and testify because this is a LIE—NOTHING BUT A SCAM. FOSTER PARENTS COLLABORATE WITH MICHIGAN DEPARTMENT OF HUMAN SERVICES!

    My daughter was stolen from me and I had to fight like hell to get her back—and I couldn’t find an attorney within the entire state of Michigan to represent US in a lawsuit, but they come on here attempting to draw sympathy? This is nothing but the latest scam!

  3. By the way, The State of Michigan uses uses racism, steering tactics, racketeering, and other forms of discrimination to steal the children of African-Americans, single mothers, the disabled, women attempting to leave domestic violence situations, etc. We are subjected to various emotional and physical abuses within the system—and NOBODY wants to help you when your skin is darker than what they think it’s supposed to be. I have documented PROOF! I AM THAT PROOF!

  4. my son was taken aug 27 2013 returned feb 12 2014 and our case closed May 14 2014. We want to sue DHS and the state as well as his LGAL who did never come to our home to check on him as his duty would say he should. The government agencies, court, dhs workers, even our lawyers all say to just walk away and forget it. THEY USED A FALSE PETITION to remove 2 weeks after an exparte request for removal based on things that did not ever exist petitioned by a DHS worker that HAD NEVER BEEN TO MY HOME and the sheriff, etc etc all still supported it. Why wont any lawyers admit that our constitutional rights where more than trod upon and my husband being a 5 year medically retired Vet Army Sgt was actually something the court and DHS used against us. Wood 8 and fox news GMA included wont touch the story. Where can I find a lawyer that can help my family get justice? I believe just like these kids (even tho my son is not handicapped) he has been traumatized beyond anything I could imagine and abused and neglected by this the great state of MI.

  5. What is this attorney doing taking buyouts from the government? Ann investigation needs to be done. Too many families hurt.

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