You can sue them in their official capacity.

  1. Prove they are following an unwritten law or policy.
  2. Proving this means you have to have very hard multiple forms of evidence.
  3. This must be a widespread custom.
  4. Come on people we all know what that is!
  5. When CPS takes kids for “neglect” that is not imminent danger.

According to case law only the most extreme forms of neglect even results in the child being abuse and in those cases would be physical such as starvation right?

Cases in which parents misuse drugs or alcohol but do not neglect their child fail to justify such drastic state intervention. The lack of causation between parental drug use and harm to a child, the child’s interest in staying with his natural family, and the bleak outlook for a child in the foster care system demonstrate that the government’s interest does not outweigh the individual privacy interests of a child in cases involving drug use. “[T]he desire to avoid a domestic dispute cannot form a reasonable basis for depriving [a child] of his fourth and fourteenth amendment rights”

[1] Wooley v. City of Baton Rouge, 211 F.3d 913, 925-26 (5th Cir. 2000)