My son attends a pre school for three hours, three days a week. During one of the times that my child was at school a worker from the state came to investigate the school. My son was in rare form and behaved as a classic out of control ADHD child. Long story short the preschool worker expressed her concern and I being concerned took my child to a professional who found my child to be a child with a lot of energy and in no means ADHD. The state worker seems to think after spending one hour with my son that he needs to be on medication and that I am neglecting him by not doing so.
Zach
No as there was nothing negligent about what the person did. If they have a concern they have a right to report it and CPS has to investigate. If it was investigated and nothing was found, there was no harm done. I don't see any negligence here.
jp0094
Laura,
The question is - sue for WHAT? You're going to have to show there's been some damage or injury. Just because the worker thought your child might have ADHD doesn't mean you have a viable cause of action in court.
cyanne2ak
Yes, you can sue for this. You won't win, but you can sue. The worker did her job by reporting what she thought was a problem. You did your job by taking your kid to a doctor.
isurvived
Preschool has a legal obligation to report concerns.
Your child's behavior is the source of the problem.
Toodeemo
Caretakers are required by law to report suspected cases of child neglect and/or abuse. They do not have to "know" if it's true or not. If there is a reasonable suspicion, they MUST report it to the proper agency who will in turn investigate. If you were allowed to sue, nobody would ever report legitimate child abuse cases.
Also, any person in any kind of position of authority...police, doctors, nurses, camp counselors...anyone who has contact with kids is required to report this. I know it's inconvenient, but remember this report, while unfounded, was only to protect your kid. And all the other kids who may actually be in danger.
I-o-d-tiger
The problem is lots of children get diagnosed as ADHD just because parents want to control their children with medication. Children just want to get out and play and our system is to put them in front of the TV. any child that acts out they label with ADD or ADHD and medicate them so that they will be calm and manageable. This is wrong. She was being judgmental and falling into this category of people who want to do less work to "control" children. I would just change preschools. School and medical personnel are mandated reporters for suspected abuse, but she went too far. unfortunately your pain and suffering don't merit a lawsuit.
Orignal From: Can I sue someone for reporting me to CPS. The accusation was medical neglect and was unfounded?
Post a Comment