Not logged in? Join one of the bigest Law Forums on the Internet! Join Now!   Latest blog post: Research Law Professors Before Choosing Law Schools

Advertisments:




Sponsor Links:

Discount Legal Forms
Discounted Legal Texts


Someone has made a malicious referral to Social Services about us, what to do?

Defamation Law Discussion Forum

Someone has made a malicious referral to Social Services about us, what to do?

Postby reid » Sat Apr 09, 2011 4:46 pm

Let it lay....

As long as you have nothing to hide, and there is nothing going wrong, child services isn't going to do anything. They have to check things out when a claim is made- but more often than not the claims are false- just business as usual to them.

We were investigated by CPS when my son was 3 months old because he had fallen off our (very tall) bed and fractured his skull. They came though, and found nothing wrong. They said it was state law that they investigate bone breaks and other injuries on children under age 2...and they were very concerned because he also showed an older break on his shoulder (his shoulder broke when I was delivering him) and the hospital failed to mention to them that the shoulder broke under their care so they assumed both had happened in my care.

It was invasive, and scary, but nothing came of it. They saw our house was normal and our baby happy and healthy and went on their way.

Also, you don't HAVE to let them in. They will pressure you, but you are well within your rights to deny them access. When CPS notified me that we were being investigated, I told them I would only let them in with a warrant. They came by a couple times, I denied them entry, and then they finally got a warrant and an officer came over with them. At that point I allowed them in to see my house and my child.
Sounds like it was probably your MIL. I would keep some distance from her and avoid her at all costs, if for no other reason, the rude/sexist comments she made while visiting. Keep in mind that your kids are safe no matter what crap anyone makes up. You know the truth and it will show.
If you're really determined to find out who it was, you could try calling your MIL and telling her that Social Services released the name of the person, because the claims made against you were clearly false. Then see how she reacts. If she asks who, say "All that's important, is that I know, and I don't want to talk about it.". Tell her you will be talking to an attorney. That should give you an answer if it's her because she will get defensive if it was.
Legally, I wish there was a law that would force the release of the name of the person if Social Services found the claim to be untrue and malicious. Especially, if it's done more than once by the same person. It seems like you should be able to file charges against them for defamation of character, emotional distress, and harassment. Also, you think Social Services would be upset with people who waste time and money by making up crap just to be malicious (not people who's claims are legitimate or out of reasonable concern). There really should be something in place to stop these people who abuse the system. You have a right to be upset, and if you wanted you could call and talk to a lawyer and find out if you have any rights in the state you live in considering you were falsely accused. Hope you get to the bottom of it. Good luck
reid
 
Posts: 16
Joined: Thu Mar 31, 2011 3:06 pm

Someone has made a malicious referral to Social Services about us, what to do?

Postby archy » Sat Apr 09, 2011 4:48 pm

There are unfortunately sick people out there that will do this sort of thing. It happened to my husband and I about 9 years ago when our youngest was 1 yr old. We were harassed for months by social services to the point we had to move to another city to get away from them. They continued to harass because they kept getting the same calls from the same person. When they get calls they have to investigate. After we moved we never heard from them again. It wasn't until 4 years later we found out it was a friend of ours who were making the calls for her own entertainment. The same friend I was calling and crying to during the investigations. She and he husband divorced and he finally told my husband it was her making the calls. Everything she would report was fabricated and the social workers knew that, but they don't have a choice but to investigate when they get the calls. I am so sorry you are going through this. I am not sure how you will ever be able to find out who is making these calls, as social services will never say. The callers are anonymous. They will not push for the accusser to give a name. That could potentially cause someone to not call and report a real incident.
archy
 
Posts: 11
Joined: Fri Apr 01, 2011 6:30 am

Someone has made a malicious referral to Social Services about us, what to do?

Postby jung-hwa75 » Sat Apr 09, 2011 4:59 pm

The person making these claims has to say that they personally seen these things occur, and they do have to give a name. My money is on the mother-in-law - mine did it to me before! Unless the neighbors have been in your house or you think they would actually lie about that, it wouldn't be them. If this person makes a second false report, you can press harassment charges and have them arrested.
jung-hwa75
 
Posts: 13
Joined: Thu Mar 31, 2011 10:39 am

Someone has made a malicious referral to Social Services about us, what to do?

Postby rheged » Sat Apr 09, 2011 5:11 pm

I would just relax and not do anything. I know your upset, any mother would be, but getting a rise out of you is what the person who called in the report intended to do. If the accusations aren't true, which i'm sure they aren't, then you really have nothing to worry about. I'm a soical worker, and I do see these types of cases all the time. People are generally nosy and think they know better than the parent does on how to raise their child, so they think that calling soical services is the way to go about things. Not that things shouldn't be looked into, i'm not saying that at all. There are times when there are things going on, but this doesn't sound like one of them. I have in the past had reports that were totally bogus and everything that was reported was not true, it does happen more than one would think. I wouldn't accuse your mother-in-law unless you can prove she did it, which social services can't tell you because everything is confidential. I would just kind of "mention" to her that "someone" called a report into social services and see how she reacts. If you can prove she did it then you can certainly take action if want. I know both sides to this situation. I'm a social worker, so I have dealt with parents who were totally innocent, so I understand why you are distressed, any good parent naturally is. I am also a mother of a 16 month little girl, so I can put myself in your shoes and understand why you are upset. If your truly feel that your mother in law is the one who made the accusations against you, then you can decide whether or not you want your son around her. As far as legal actions go, you would have to prove that she is the one who made the call with false allegations before you could take action, but if you can then I don''t blame you, you don't want someone in your life that is going to cause more harm than good.

Also, its best to cooperate with the social woker, rather than not, because they can bring the authorites into the case if you resist letting them talk to you or your child. I just wanted to mention that because the poster below stated to not speak with them. Why resist if you have nothing to hide, be cooperative and the process will be over and done with. If nothing is substantiated then there isn't even a case. There has to be proof of some type of neglect/abuse in the home before it can even be cosidered an open case, until then the report is under investigatin until something is substantiated or not. You do have the right to get a lawyer, but they still have to investigate no matter what. I know your mad, I would be too, but its best to just cooperate. They are doing their job, after all the caller is the one who is at fault here, not the social worker.
rheged
 
Posts: 18
Joined: Fri Apr 01, 2011 10:49 pm

Someone has made a malicious referral to Social Services about us, what to do?

Postby ayize » Sat Apr 09, 2011 5:17 pm

I'd be in a bit chy mood too if I was in your shoes.

Sounds like perhaps a malicious mother-in-law??? or perhaps another relative? Someone jealous??

A friend's mother-in-law told me she was tempted to report my friend for various problems (when actually it's the mother in law and her son who have serous issues). I warned my friend & told her if the cops ever showed up I wanted to hear about it. Later her mother in law told her the I was the one who said to report her!!! The woman lied to her son & daughter in law. What a witch. You just might have one in your midst too.

My sister went through the same thing with her sons when her ex husband called the police on her. My nephews set up the kitchen & other parts of the house to make it look like they were neglected & starved. When the cop showed up, my sister immediately said her ex was behind it because the boys (teen & pre-teen) were fighting her to go live with their dad several states away. The cop asked to check things out and my sister welcomed him in and let him freely walk around and observe.

My nephew started mouthing off and the cop quickly discovered the set up in the kitchen. The cop told him it looked like they were well provided for and if my nephew thought it was bad there, he'd be seeing Juvenile Detention if he didn't shut up and also be arrested with being an accomplice to filing a false report.

OK, so my point is......let the authorities come into your home. Tell them what's going on.

Just be sure the things are in the place, beds are made (you're pregnant have a toddler, and probably tired...so am I (no toddler though)....try to get some assistance with housework..but NOT the mother in law!!!!) .

Be sure the house is CLEAN and organized.

Start keeping tabs on who's being extra nice (over exaggerating their friendliness) or suddenly avoiding you. Those would be two red flags as to who reported you.

Best of luck.
Take care.
ayize
 
Posts: 13
Joined: Sat Apr 02, 2011 8:07 am

Someone has made a malicious referral to Social Services about us, what to do?

Postby adelphos » Sat Apr 09, 2011 5:26 pm

If they come by, DO NOT LET THEM IN unless they have a warrant.

Call a lawyer. USE YOUR CONSTITUTIONAL RIGHTS.

DO NOT try to prove yourself. Their only interest is YOUR BUST and taking your kids.

Do not talk to them. If they come by your home open the door and calmly say "I have nothing to say to you, I will have a lawyer call you - "do you have a phone number?". If they ask to see your kids say "I will let you see my kids with my lawyer present - if you do not have a warrant to search my home I demand you leave my property immediately". Say it calmly.

AGAIN DON'T BE STUPID AND TRY TO PROVE YOURSELF. Uphold your rights.

Believe me, this advice is GOLDEN. You could lose your kids. Those people are vicious.
adelphos
 
Posts: 21
Joined: Thu Mar 31, 2011 12:06 pm

Previous

Return to Defamation Law

 


  • Related topics
    Replies
    Views
    Last post