Just Curious

[hismom]

What is the name of your state? MO

I recently had a home study done for adoption of a child that is placed in my home.

He has been living with my family for two years.

I was under the impression that home study interviews were an ongoing thing, done over several weeks time for the benefit of the social worker to see how the child interacts with the family, how the family interacts with the child, the home itself, etc.

My husband and I were shocked when the social worker, doing the study independantly from Social Services, told us that she was only going to take up an hour of our time. The interview lasted all of about an hour and fifteen mintues.

We were even more shocked when, during the interview, the worker stated "I will have to call Social Services and ask them how they want me to write this report up.' She does not work for Social Services, and does home studies independantly.

We didn't think too much more about it until the home study report came back to us.

We were floored that the social worker misquoted us on several statements that we made, making it appear that we are horrible people.

She outright lied about me being the perpetrator in several child abuse and neglect hotline reports, and she recommended that the child be removed from our home based on suppositions.

I feel that because the hotline reports that she refers to were readily available to her, she should have read them, read the names of the actual perpetrators listed, and should have been well aware that the statements she was making to the courts about me were untrue, that I have a case against her for libel.

Do I?

The home study is an official report given to the courts to help determine the best placement of a child.

It appears that the child may be removed from my home based on her statements...many twisted, many assumptions, and many nothing more than complete lies that I can certainly prove are lies.

Does anyone know what recourse I might have against this woman?

I have to add that I an encounter with this woman and had words with her a few years ago outside this incident. Needless to say, I don't think she appreciated the viewpoints I expressed to her at that time. As a matter of fact, I believe that she recalled her 'meeting' with me three years ago as well as I did.

Thanks for any help.

Hismom

 

[rmet4nzkx]

What is the name of your state? MO

I recently had a home study done for adoption of a child that is placed in my home.

He has been living with my family for two years.

I was under the impression that home study interviews were an ongoing thing, done over several weeks time for the benefit of the social worker to see how the child interacts with the family, how the family interacts with the child, the home itself, etc.

My husband and I were shocked when the social worker, doing the study independantly from Social Services, told us that she was only going to take up an hour of our time. The interview lasted all of about an hour and fifteen mintues.

We were even more shocked when, during the interview, the worker stated "I will have to call Social Services and ask them how they want me to write this report up.' She does not work for Social Services, and does home studies independantly.

We didn't think too much more about it until the home study report came back to us.

We were floored that the social worker misquoted us on several statements that we made, making it appear that we are horrible people.

She outright lied about me being the perpetrator in several child abuse and neglect hotline reports, and she recommended that the child be removed from our home based on suppositions.

I feel that because the hotline reports that she refers to were readily available to her, she should have read them, read the names of the actual perpetrators listed, and should have been well aware that the statements she was making to the courts about me were untrue, that I have a case against her for libel.

Do I?

The home study is an official report given to the courts to help determine the best placement of a child.

It appears that the child may be removed from my home based on her statements...many twisted, many assumptions, and many nothing more than complete lies that I can certainly prove are lies.

Does anyone know what recourse I might have against this woman?

I have to add that I an encounter with this woman and had words with her a few years ago outside this incident. Needless to say, I don't think she appreciated the viewpoints I expressed to her at that time. As a matter of fact, I believe that she recalled her 'meeting' with me three years ago as well as I did.

Thanks for any help.

Hismom

They may use their interview and other facts upon which to form their overall evaluation, including historical events. You have a history of making CPS reports, now you are trying to adopt a child and have had encounters with the social worker in the past, observation of your interactions with the child may already be tainted by your influence, thus removing the child. to protect the child. Consult an attorney if you want to appeal this decision, but remember facts are facts and you are not the trier of fact.

 

[hismom]

Clarification

I do intend to appeal if the child is removed from my home.

However, this is not the reason for my post. I may not have made things clear in my first post.

I do not have a history of making DFS reports.
Admittedly, there are five reports in question. I did make three of these. In fact, two of the three I made prompted DFS and/or others to open two more cases of investigation, neither of which I reported. I assume, from what I know, that during the course of investigating these reports, DFS found sufficient evidence to open two more cases.

None of these reports list me as the perpetrator. Four of the five were substantiated as abuse.

The home study lists me as substantiated perpetrator for these reports.

I was neither listed as the purpetrator, nor was I substantiated for abuse or neglect.

I believe that the worker did one of two things: She purposefully lied in the home study about my involvement in those cases at the direction of DFS, or she negelcted to fully investigate and truthfully report about my involvement in those cases.

There were other incorrect facts supplied...less important, however, the actual true facts pertaining to those statements and documentation were readily available to her for investigation on her part just as the DFS reports were.

Surely she had to have known, being an independant home study provider, that her false statements would weigh heavily in this case. Surely she should have known that blatantly false statements could have a negative outcome, and surely she knew that her statements were false...and I believe that I can prove that.

My prior contact with her was not in her capacity as a social worker.

In fact, it was during her work at a local school when I contacted the school several times about alternative education for one of my children, and had a conversation with her in which I stated that it was obvious my child was not benefitting from the structure in the school. I stated that it was well documented that my child had mental disorders that prevented my child from excelling in regular education settings, and that I was dismayed that no alternatives were being provided to my child as is mandated by law.

Our conversation had nothing what so ever to do with social services contact.

My question is solely about whether or not I would have a case for libel against this woman for making false statements in a home study.

My focus is not on 'opinions' that she expressed in the study, but data that she presented as fact, and are in error.

 

[Ohiogal]

Such statements made in court cases or investigations are potected and provide her with immunity as they are being done in the course of her duties. So you wouldn't have a case.