2007-09-19 08:21:22 · 7 answers · asked by Curious1 1 in Politics & Government ➔ Law & Ethics
you would have to show that the people at child services knew the accusations where false but intentionally went ahead with the investigation very hard burden to show
2007-09-19 08:33:44 · answer #1 · answered by goz1111 7 · 0⤊ 0⤋
Depends if you can prove:
1. That they knew the accusations were false when they made them, or acted in clear negligence with no factual basis
2. That they portrayed the acusations as factual without due process or just cause
3. That you suffered damages as a result
Then you have the makings for a libel suit. And yes, you can sue the State. A good example is the Duke University student who was falsely accused of rape; he is pursuing legal action, since the prosecutor pursued the case without basis of evidence.
The State has a right to investigate you for any alleged wrong-doings, but they can't act like you did something or cause you to suffer consequences for something that has yet to be proven or established through due process. They can't pursue allegations with disregard to a lack of evidence or evidence to the contrary, or presume you as guilty until proven innocent. They can't take your kids away or tell your neighbors you're a bad parent because they got an anonymous tip about you. But they can tell you that you've been accused of something and take action to investigate the claim.
You'd ultimately need to consult with an attorney to go over the details and determine whether they've crossed the fine line.
2007-09-19 08:37:17 · answer #2 · answered by Firstd1mension 5 · 1⤊ 0⤋
If they intentionally made an accusation they knew was false, yes. If they were doing there jobs trying to protect a child and made a mistake, you won't get anywhere in the courts.
2007-09-19 08:29:03 · answer #3 · answered by Michael C 7 · 0⤊ 0⤋
children services didn't make the accusations but acted on a tip. do not be afarid to let children services investigate, if they find nothing then they find nothing. the tip is held confidential unless similar ones are repeatedly made by the same person then they will investigate....
2007-09-19 08:35:04 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Sure, but it will be extremely difficult to win. You would need to prove they maliciously and knowingly filed false accusations without any probable cause.
2007-09-19 08:35:30 · answer #5 · answered by raichasays 7 · 1⤊ 0⤋
Lots of luck doing it! It is next to impossible to prove that a social worker lied.
2007-09-19 09:18:27 · answer #6 · answered by Brigid O' Somebody 7 · 0⤊ 0⤋
You can file against anyone but it would be incredibly difficult.
2007-09-19 08:28:34 · answer #7 · answered by Lex 7 · 1⤊ 0⤋