Re: False Child Abuse Report
What is it that you're trying to ask? Whether you can sue the daycare because somebody made a good faith report to DSS? No, that would be covered by immunity. Whether what you've told us so far would prove that the report was false or malicious? Nope, not from what you've shared as of yet, although by all means have the details reviewed by a lawyer in your state if you're inclined to try to sue.
You're free to move your kids to a different daycare, if that's what you want to do. It sounds like the investigation is going to find that any abuse charge is unfounded, at least from what we've heard so far.
Re: False Child Abuse Report
The police did find the charges unfounded. Social services told me at one point that he would find them unfounded, based on the police report. But by the end of the conversation I had with him the following Monday, he then told me that he had to have a physical because the police report would not be enough. I don't see how this was a good faith report from the daycare when there was obviously 2 different reports made from the same person to 2 different sources (police and SS). I have taken my children out of this daycare due to the fact that we live in a very small town and word spreads fast in this town about things like this. My husband and I now have people looking at us like we have seriously hurt our children. This daycare has caused issues with my children. My 8 year old now gets talked about at school behind his back. A report like this could affect my job. How do I go about finding a lawyer in myh area to do a free consulation and give me some advice?
Re: False Child Abuse Report
How do people in your town know about a confidential report made to CPS and to the police?
And as Mr. Knowitall indicated, immunity will protect the daycare workers. Unless the report was made knowing it was false, the daycare is almost certainly legally required to report suspected abuse under CO law. Had the worker NOT reported it, the employee could have been charged with a crime.
And proving child services is lying is going to be difficult. Information you may have perceived or told could be incorrect and still not be actionable.
If you want to consult with an attorney you can look in the phone book or call the county bar association for a referral.
Re: False Child Abuse Report
[QUOTE=cdwjava;504267]How do people in your town know about a confidential report made to CPS and to the police?
People in our town know it's about us and that SS was involoved as well as the police because they went into my kids school and talked to my oldest. So there are speculations going around.
My biggest question is, how could they suspect abuse when there was "NOTHING" on my child for them to even suspect abuse. There have been no marks on my children unless from playing around. Mind you I have 3 little boys. I don't know what they suspected as abuse and they will not talk to us to explain anything. It feels to me like it was a false report the way everything has played out. I intend to talk to an attorney, just need to find one now.
Re: False Child Abuse Report
[QUOTE=littlemama020509;505044]
Quote:
Quoting
cdwjava
How do people in your town know about a confidential report made to CPS and to the police?
People in our town know it's about us and that SS was involoved as well as the police because they went into my kids school and talked to my oldest. So there are speculations going around.
My biggest question is, how could they suspect abuse when there was "NOTHING" on my child for them to even suspect abuse. There have been no marks on my children unless from playing around. Mind you I have 3 little boys. I don't know what they suspected as abuse and they will not talk to us to explain anything. It feels to me like it was a false report the way everything has played out. I intend to talk to an attorney, just need to find one now.
That in itself could be enough to trigger suspicion.
Re: False Child Abuse Report
The conclusions may have been unfounded, but unless you can prove some sort of gross negligence on the part of the original reporting party (unlikely) or that they knowingly and intentionally made up a false allegation, then you're dead in the water with regards to a civil suit.
As I mentioned, it is generally a crime to suspect abuse and NOT report it. And, for whatever reason, the investigation was taken forward so that means that someone saw or heard something that gave them some concerns.
And until or unless you can see any actual reports, what you are being "told" may be inaccurate and conflicting. Yes, you can speak to an attorney, but understand there may not be a whole lot that even he can do absent some proof of wrongful actions by one or more parties allowing you to make a claim and initiate a lawsuit and potentially compelling the release of those documents.
I have three boys myself. My middle son was and has always been a "boys boy" and is bruised and battered all the time. We have always been waiting for a call from CPS, but as we are a small town, even the teachers and others know that he was a rough and tumble kid and seeing him without a bruise or scrape would have been unusual. But, could a teacher have made a legitimate complaint of suspicion to CPS? Yep.
Re: False Child Abuse Report
Quote:
Quoting
cdwjava
And until or unless you can see any actual reports, what you are being "told" may be inaccurate and conflicting. Yes, you can speak to an attorney, but understand there may not be a whole lot that even he can do absent some proof of wrongful actions by one or more parties allowing you to make a claim and initiate a lawsuit and potentially compelling the release of those documents.
I have three boys myself. My middle son was and has always been a "boys boy" and is bruised and battered all the time. We have always been waiting for a call from CPS, but as we are a small town, even the teachers and others know that he was a rough and tumble kid and seeing him without a bruise or scrape would have been unusual. But, could a teacher have made a legitimate complaint of suspicion to CPS? Yep.
This helps. Thank you. And gto the previous person, when i said "playing around", I was talking about my children playing around with each other. Thank you very much, cdwjava for your help.
Re: False Child Abuse Report
Yes, I realize that's what you meant.
It does not change my answer. A mark is a mark is a mark - the school has no idea where it came from.