Recently we asked a family of people to leave our church because of conduct problems. The wife and daughter devised a terrible story about me and my wife and turned us into the department of human services (dhs). I know it was them although the dhs would not tell me who it was. I want to handle this matter in a legal fashion. Is there any way to get their names released so that I can act on prosecuting them? I am so humiliated!
Thanks,
Jerry
2007-05-02 16:54:22 · 6 answers · asked by stoddardphoto 1 in Politics & Government ➔ Law & Ethics
Working in the child protection field for over 5 years, I am very comfortable saying.... It is confidential, DHS will not and DOES NOT have to release the name/s of the reporting party.
It sounds as though, a report was made and nothing came of it. People have the right to report abuse/neglect weather it is or they believe it is happening. It is DHS and law enforcment to determine of there is a valid allegation.
You can not sue someone for them reporting something, that said... if they continue to report even after DHS has found no evidence and they are making total lies up and you can PROVE it's them reporting then you may have a civil case. But like I said in the beginning you will have a tough time getting DHS to hand over any information. (though unfortunate at times reporting parties are promised confidentiality) Unlike what other advise was given to you, you do not have the legal rights to cross examine reporting parties. You would if this was a criminal case, child protections cases are NOT criminal cases they are handled either in Civil court or juvenile courts. So you do NOT have the right to cross examine them.
Again, unfortante you can not get the information, you have no proof instead of your gut to say they did or did not report.
Obviously DHS did not believe them, and nothing will come of it.
Sorry to be the barer of bad news, but it's the correct news.
Good Luck
2007-05-02 17:38:46 · answer #1 · answered by Jeni 4 · 1⤊ 0⤋
Good luck I can imagine what's going on with the DHS they will listen to any statement even if it is not true they will listen to what ever garbage is feed to them. So much for inosent untill proven guilty hey!!. As you can tell I have had some dealings with the DHS and wonder if they actually do more bad then good for genuine cases I'd say alot of them are fake. I could understand if some one blew the place up trust me I've thourght of it!! Just Kidding.
Some thing has to be done about the DHS and the damage they cause over false statements. I now how much damage they can do to an inoccent person from a false statement. If you have any luck sewing them please tell me how you did it.
They told me it is a case of guilty until proven inoccent. That seems really wrong to me. Especially when all the evidence they had was a lie.
I'm not 100% sure but I think they are obligated to tell you who it is so you can persue the matter legally. They told me who it was making the statements about me. Other wise how are you going to sort out this problem.
I think the DHS sould be held resposable for beliveing anything they hear or at least make sure it is true. I wish I could sew the DHS problems they cause me and my family. My family is a mess because of the DHS it makes me so sad and it is all false some one has to pay for this!!!
Imagine the police had the same policies!
Who ever Jenny is I hope you don't destory to many families the DHS lady that caused all our families problems name is the same I hope it is not you :-(. I can understand the DHS has to protect children. But I thinks the should investigate the statements that have been made before doing anything. Instead of taking any statement made as truth.
"taking any statement made as truth" Even a 2 year old isn't that dumb!!!
2007-05-02 18:54:31 · answer #2 · answered by CrazyMp3Mp4Man 2 · 0⤊ 1⤋
As a right, request for the person who devised the story against you. It is a constitutional right to cross examine the complainant for the charge against you. The government must not deny you this right, otherwise, the case must be dismissed due to absence of due process.
2007-05-02 17:01:47 · answer #3 · answered by FRAGINAL, JTM 7 · 0⤊ 1⤋
You're probably not ever going to get the names from DHS. They work on confidentiality.
2007-05-02 16:59:35 · answer #4 · answered by kadensmama3 2 · 2⤊ 0⤋
comparable subject different than that DHS took the youngsters away through fact toddler abuse became into suspected. there became into not notification to the mum different than from the ex husband informing her that she had taken the chied to emergency room so as that they could take photos and declare toddler abuse and characteristic the youngsters taken remote from her.
2016-10-14 10:09:58 · answer #5 · answered by morabito 3 · 0⤊ 0⤋
If someone makes a false claim against you, you have a right to sue.
2007-05-02 16:58:49 · answer #6 · answered by Girly Q 4 · 0⤊ 1⤋