Civil Rights Violated by State

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Latest post 01-02-2006 3:17 PM by Jacqu. 6 replies.
  • 12-29-2005 12:24 AM

    • Jacqu
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    Question [=?] Civil Rights Violated by State


    Hello !

    I have a situation ... where I was protected under Florida's laws, in that someone in the government should of overseen the change of parental powers. My mom died when I was 10, and I got a step-mom. I was originally adopted, and a contract was signed, but when the new step-mother took over, she did not notify the adoption agency, or the governing powers of Florida.

    Now, I reckon that my relationship with the adoption agency I was originally adopted through - ended when I was first adopted ... but since I was still a minor when my mom died ... I would think that since the adoption agency is governed by the laws of Florida ... that the state of Florida should of been notified of the change.

    My constitutional rights were violated, from the time I was 11 until I was 17 by my step-mother. Since Florida did not intervene on the change of parents (first adoptive mother to step-mother), I would think they have part liability here too.

    Because of the damage done ... either my step-mother is liable ... or the state of Florida.
  • 12-29-2005 4:00 AM In reply to

    • DOCAR
      Lawyer
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    • Joined on 12-09-2000
    • NV
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    Feedback [*=*] duplicate posting

    Once the adoption was completed, both the adoption agency and state of Florida lost power over the situation and neither would be liable for your fathers poor choice when he remarried or the consequences of that decision.

    Sorry, same question same answer.
  • 12-29-2005 11:03 AM In reply to

    re: Civil Rights Violated by State

    "My constitutional rights were violated, from the time I was 11 until I was 17 by my step-mother."

    What exact constitutional right do you feel was violated?

    Were you physically abused? Are there any medical reports substantiating this abuse?
  • 12-29-2005 7:31 PM In reply to

    Feedback [*=*] re: Civil Rights Violated by State

    "where I was protected under Florida's laws"

    What law? I don't believe many or any states have post-adoption protections in place. Nearly every state requires pre-adoption qualification of some kind, but the state's interest normally terminates at the adoption itself.

    "but when the new step-mother took over, she did not notify the adoption agency, or the governing powers of Florida."

    No state I know of would require this. Kids get step-parents every single day and the government doesn't get involved. Shouldn't be different for an adoption, unless you have some specific statute that gave you protection. Your general 'civil rights' would not.

    "since I was still a minor when my mom died ... I would think that since the adoption agency is governed by the laws of Florida"

    Not in any state I know of.

    "My constitutional rights were violated, from the time I was 11 until I was 17 by my step-mother. "

    Likely, not. General rights, maybe, if you were abused in some manner.

    "Since Florida did not intervene on the change of parents (first adoptive mother to step-mother), I would think they have part liability here too."

    Again, no state I know of has any obligation here. Moreover, the government is immune from lawsuit unless it has waived its immunity.

    "Because of the damage done ... either my step-mother is liable ... or the state of Florida."

    Step-mother, maybe. And if you are must past 23 or so, a statute of limitations has likely run.

    Consult an attorney in FL. To the best of my knowledge, none follow the boards.
  • 12-30-2005 1:02 AM In reply to

    • Jacqu
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    Feedback [*=*] re: Civil Rights Violated by State

    Don't I have rights as a citizen that guarantee me certain "rights to life" ? ... Maybe these rights are not listed in the Constitution ... but I know I have heard them as being the rights to every citizen of the United States.

    Yes, I was physically abused. There are no medical reports, but the Department of Rehabilitative Services in Tallahassee has this documented, when they removed us from the home for the abusive actions of my step-mother.

    I don't understand how an abusive second wife can enter into the life of her new husband's adopted son, and screw things up so royally ... and not be liable for the damages done ... and entirely get away with it ... I would appreciate it very much if you could explain that to me.
  • 12-30-2005 3:16 AM In reply to

    • DOCAR
      Lawyer
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    • Joined on 12-09-2000
    • NV
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    Feedback [*=*] re: Civil Rights Violated by State

    I don't understand how an abusive second wife can enter into the life of her new husband's adopted son, and screw things up so royally ... and not be liable for the damages done ... and entirely get away with it ... I would appreciate it very much if you could explain that to me.

    Your father married a bad step-mother. The state had no say in who your father chose to marry. She could be liable for any damages done that can be proven, if the statute of limitations has not run.

    The state could have prosecuted her, if there was sufficient evidence of abuse. But cannot be held liable if it did not.
    See a Florida attorney.

    BTW, the right to life is mentioned in the Declaration of Independence not the Constitution or Civil Rights laws.
  • 01-02-2006 3:17 PM In reply to

    • Jacqu
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    • Joined on 12-20-2005
    • Posts 5

    Feedback [*=*] re: Civil Rights Violated by State


    I thank you very much for your input. This is the most help I have gotten since I started researching this.

    Just so I know ... what is the statute of limitations for something like this ? And, is there any exceptions to that ... that could make it run additional years (if certain things prevailed), or maybe even cancel the statute of limitations if other things, such as "conditions I couldn't control, etc," could be proven ?

    Again, I thank you very much
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