DFCS False Report - Legal Recourse

[jwittlin]

What is the name of your state?I am wondering if I have any recourse in this situation?

I have a child in kindergarden at a Georgia School. Recently the school counselor filed a DFCS maltreatment report against my family. A teacher heard a conversation my child was having with another child. DFCS investigated and this report was false and unsubstantiated. Furthermore, the DFCS agent informed me that this coulselor cries wolf more often than any other counselor in the county school system. My outtake on the situation is as follows:

The counselor was negligent and did not perform due diligence prior to calling dfcs.

The principal of the school was not informed of the situation – my understanding is that the principal must initiate a dfcs case file. She was negligent as well.

My child is being harassed by the teacher.

There is a lot of friction between the school and my family – almost a discriminatory situation.

I wrote a letter to the principal requesting some items – or I would pursue other avenues.

I requested the following:

All parties involved take a course from dfcs on how to determine if there is a reason to call dfcs.

A written letter of apology from all parties involved.

All school record of this situation be destroyed.

All dfcs records of this situation be destroyed.

The counselor is to have no contact with any of my children – whatsoever.

I am really in a tough situation. In general, there is no way for this to go away - ever. I feel as if this will hang over my family until all my children are out of the school. I’m afraid that this will in some way negatively impact their education. This situation has caused friction in my family, friction between the school and my family and a lot of lost sleep. The only way to avoid the friction that the staff has caused is to re-locate to another school system.

If relocation is necessary, I am not ready to spend a lot of my money to move because of a situation due to negligence on the part of the school counselor, teacher and principal.

Any help would be appreciated.

 

[seniorjudge]

What is the name of your state?I am wondering if I have any recourse in this situation?

I have a child in kindergarden at a Georgia School. Recently the school counselor filed a DFCS maltreatment report against my family. A teacher heard a conversation my child was having with another child. DFCS investigated and this report was false and unsubstantiated. Furthermore, the DFCS agent informed me that this coulselor cries wolf more often than any other counselor in the county school system. My outtake on the situation is as follows:

The counselor was negligent and did not perform due diligence prior to calling dfcs.

The principal of the school was not informed of the situation – my understanding is that the principal must initiate a dfcs case file. She was negligent as well.

My child is being harassed by the teacher.

There is a lot of friction between the school and my family – almost a discriminatory situation.

I wrote a letter to the principal requesting some items – or I would pursue other avenues.

I requested the following:

All parties involved take a course from dfcs on how to determine if there is a reason to call dfcs.

A written letter of apology from all parties involved.

All school record of this situation be destroyed.

All dfcs records of this situation be destroyed.

The counselor is to have no contact with any of my children – whatsoever.

I am really in a tough situation. In general, there is no way for this to go away - ever. I feel as if this will hang over my family until all my children are out of the school. I’m afraid that this will in some way negatively impact their education. This situation has caused friction in my family, friction between the school and my family and a lot of lost sleep. The only way to avoid the friction that the staff has caused is to re-locate to another school system.

If relocation is necessary, I am not ready to spend a lot of my money to move because of a situation due to negligence on the part of the school counselor, teacher and principal.

Any help would be appreciated.

I have a child in kindergarden at a Georgia School.

Okay...and what state are you in?

 

[rmet4nzkx]

What is the name of your state?I am wondering if I have any recourse in this situation?

I have a child in kindergarden at a Georgia School. Recently the school counselor filed a DFCS maltreatment report against my family. A teacher heard a conversation my child was having with another child. DFCS investigated and this report was false and unsubstantiated. Furthermore, the DFCS agent informed me that this coulselor cries wolf more often than any other counselor in the county school system. My outtake on the situation is as follows:

The counselor was negligent and did not perform due diligence prior to calling dfcs.
There is no requirement to do due dilligence, only to report. THERE IS NO NEGLIGENCE.

The principal of the school was not informed of the situation – my understanding is that the principal must initiate a dfcs case file. She was negligent as well.
There is no requirement to inform the principal, in fact that may violate confidentiality. THERE IS NO NEGLIGENCE.


My child is being harassed by the teacher.
Take that up with the principal.

There is a lot of friction between the school and my family – almost a discriminatory situation.
And your child is only in kindergarten? Something is happening here but so far nothing from what you have said.

I wrote a letter to the principal requesting some items – or I would pursue other avenues.

I requested the following:

All parties involved take a course from dfcs on how to determine if there is a reason to call dfcs.
Mandated reporters follow state requlations for reporting, you do not determine if there is a reason to call DCFS or if they need a class or who provids the class.

A written letter of apology from all parties involved.
You can ask, but there is nothing to apologise for, the rules for reporting were followed and there is no negligence.

All school record of this situation be destroyed.
Only a court can order destruction of records.

All dfcs records of this situation be destroyed.
Only a court can order destruction of records.

The counselor is to have no contact with any of my children – whatsoever.


I am really in a tough situation. In general, there is no way for this to go away - ever. I feel as if this will hang over my family until all my children are out of the school. I’m afraid that this will in some way negatively impact their education. This situation has caused friction in my family, friction between the school and my family and a lot of lost sleep. The only way to avoid the friction that the staff has caused is to re-locate to another school system.

And this will follow you there, if you did nothing wrong, there will be no problem, but you are very defensive so methinks there is some truth to the situation and you were lucky this time.

If relocation is necessary, I am not ready to spend a lot of my money to move because of a situation due to negligence on the part of the school counselor, teacher and principal.

Any help would be appreciated.

Deal with reality and don't give your children reason to tell others that they are being abused. Sometimes there is not enough evidence the first time.

 

[jwittlin]

I have a child in kindergarden at a Georgia School.

Okay...and what state are you in?

In Georgia - Gwinnett County

 

[bononos]

What was the conversation the child had with another student?

 

[rmet4nzkx]

There is no negligence.

 

[jwittlin]

The counselor was negligent and did not perform due diligence prior to calling dfcs.
There is no requirement to do due dilligence, only to report. THERE IS NO NEGLIGENCE.

>I do not buy this - they need to have cause to think that there is a situation - the DFCS counselor basically indicated that this counselor cries wolf often - often enough the school board has been involved. She even said she made up her mind after interviewing my son but has to come and talk to us anyway.

The principal of the school was not informed of the situation – my understanding is that the principal must initiate a dfcs case file. She was negligent as well.
There is no requirement to inform the principal, in fact that may violate confidentiality. THERE IS NO NEGLIGENCE.

>Per DFCS documents - the principal is the one who is responsible to make the call - teachers, counselors, etc. are to report incidence to her. The DFCS counsellor also mentioned that this was not in protocol.

My child is being harassed by the teacher.
Take that up with the principal.
>I am going to.

There is a lot of friction between the school and my family – almost a discriminatory situation.

And your child is only in kindergarten? Something is happening here but so far nothing from what you have said.

>All based on this situation.

I wrote a letter to the principal requesting some items – or I would pursue other avenues.

I requested the following:

All parties involved take a course from dfcs on how to determine if there is a reason to call dfcs.
Mandated reporters follow state requlations for reporting, you do not determine if there is a reason to call DCFS or if they need a class or who provids the class.
>DFCS will provide training to educators.
>I do not buy this - you need to review the DFCS field manual and there needs to be suspicion or cause to make a claim.

A written letter of apology from all parties involved.
You can ask, but there is nothing to apologise for, the rules for reporting were followed and there is no negligence.
>I think that this is a situation that should have never occured.

All school record of this situation be destroyed.
Only a court can order destruction of records.
>so be it!

All dfcs records of this situation be destroyed.
Only a court can order destruction of records.
>so be it!

Deal with reality and don't give your children reason to tell others that they are being abused. Sometimes there is not enough evidence the first time.

>There is no situation. This is a 5 year old kid that has a temper. He didn't get his way so he through the TV remote at the window and cracked it. He started throwing things at his 3 year old brother. He was then sent to his room - not locked in. He proceeded to destoy his room. He pulled a 4 foot book case over on top of him - his left outside ankle had a deep gouge on it from the shelf. I physically held him until I could get him to calm down so we could have a dialog. The kid never had any pain inflicted on him - not from me. There was no abuse - period - and DFCS completely unsubtatiated it.
>Obviously you do not have children. Any child can have fits - some worse than others. I did what was responsible at the time - the same thing I would do again in the same situation. The child was a danger to himself.
>My son told another student I sat on him and thats how he got a gouge on his leg - this is a 5 year old.
>Defensive - yes - I do not want a record of being accused of something that didn't happen nor do I want just cause for another investigation.

 

[jwittlin]

What was the conversation the child had with another student?

I answered it in a followup post.

Thanx

 

[bononos]

If it was a "gouge" as you stated, why was it not treated in the emergency room?

 

[jwittlin]

If it was a "gouge" as you stated, why was it not treated in the emergency room?

Not that bad - not any worse than he would get playing - a band aid and neosporin.

 

[rmet4nzkx]

What you believe is just or right doesn't make statutes.

If I was a mandated reported and overheard a child claim that "My son told another student I sat on him and thats how he got a gouge on his leg " That is reason to report to DCFS. You obviously have a problem with your child's temper and lying. You also restrained him so it wasn't entirely a lie.

Did you take your child to the doctor after the event to document the injuries?

It sounds like you and your child could use some therapy.

You still have no cause of action against the counselor, principal or school.

 

[ENASNI]

Umm

IMO... All those things that you think that are going to come to pass...will.
If you continue to make this a big deal..

Stop making it a Big Deal... This will all Pass.

get it? Got it? Good?

 

[jwittlin]

What you believe is just or right doesn't make statutes.

If I was a mandated reported and overheard a child claim that "My son told another student I sat on him and thats how he got a gouge on his leg " That is reason to report to DCFS. You obviously have a problem with your child's temper and lying. You also restrained him so it wasn't entirely a lie.

Did you take your child to the doctor after the event to document the injuries?

It sounds like you and your child could use some therapy.

You still have no cause of action against the counselor, principal or school.

Medication - yes stratera Therapy - tried it - it works to difuse 90% of all situations - when a kid is determined to throw a fit - he will find any insignificant reason to do so -

 

[rmet4nzkx]

Medication - yes stratera Therapy - tried it - it works to difuse 90% of all situations - when a kid is determined to throw a fit - he will find any insignificant reason to do so -

Ok now the truth is comming out, what exactly is your child diagnosed with, ADD/AHDH/ODD or Asperger's, I ask because at that age the symptoms may be similar but the treatment and long term consequences much different. If your child has Asperger's his behavior may be socially inappropriate, oppositional and he may confabulate, but it is his own separate reality. Get your child in to be evaluated. It is NOT the fault of the school or the counselor, you have the responsibility to get your child help, and to access the help available depending on his diagnosis. The counselor did you a favor, someday you will realize it.

 

[jwittlin]

Ok now the truth is comming out, what exactly is your child diagnosed with, ADD/AHDH/ODD or Asperger's, I ask because at that age the symptoms may be similar but the treatment and long term consequences much different. If your child has Asperger's his behavior may be socially inappropriate, oppositional and he may confabulate, but it is his own separate reality. Get your child in to be evaluated. It is NOT the fault of the school or the counselor, you have the responsibility to get your child help, and to access the help available depending on his diagnosis. The counselor did you a favor, someday you will realize it.

He has been evaluated by several pediatricians who have all come to the same conclusion. ADHD - but in general, it IS under control. He behaves at school, he is never in trouble at school, he plays well with others and the medication has done wonders. Sometime he pops a cork - all kids do - I do not know if it has anything to do with ADHD.

BTW I am not on trial - I do what I feel is responsible - and yes my kid does have clean cloths, a good mattress on his bed, healthy food, new toys and even his own shoes

I have gotten my child help - since day one - why am I the one still on trial!