Police filed shaky report with child services

[mamashakesit]

Minnesota

Is there any recourse if I believe a report the police filed with child services is false? At the very least, it was certainly very poorly investigated, with no real proof that the incident in question involved my child.

The investigator, in fact, admitted that he assumed the child in question was my child because of a sleeping walking incident she had the month before in which the cops discovered her.

I've not yet been charged with a crime. I have had to meet with a caseworker at child services, who asked if I would like door alarms to help prevent future incidents. When I said yes, she replied "great, I'll drop them off on Monday, May 1st." I'm guessing this is a tactic to check out the residence.

I can certainly fill in more details if needed; there are a few very bizarre elements to this matter.

Is there anything that can be done to get this report removed from the record?

 

[stealth2]

Well.... there's no question, but thank you for the story.

 

[mamashakesit]

"Is there any recourse if I believe a report the police filed with child services is false?"

In other words, is there anything that can be done to get this report removed from record?

I will update my post to be more clear.

 

[PayrollHRGuy]

Was the officer correct in the assumption that it was your child?

 

[quincy]

Minnesota

Is there any recourse if I believe a report the police filed with child services is false? At the very least, it was certainly very poorly investigated, with no real proof that the incident in question involved my child.

The investigator, in fact, admitted that he assumed the child in question was my child because of a sleeping walking incident she had the month before in which the cops discovered her.

I've not yet been charged with a crime. I have had to meet with a caseworker at child services, who asked if I would like door alarms to help prevent future incidents. When I said yes, she replied "great, I'll drop them off on Monday, May 1st." I'm guessing this is a tactic to check out the residence.

I can certainly fill in more details if needed; there are a few very bizarre elements to this matter.

What recourse are you looking for exactly?

An incident was reported and investigated. A previous problem with your child was noted and a solution proposed.

Reports made to the police and to CPS are covered by a “qualified privilege” which means no civil action can arise from these reports unless “actual malice” by the reporter when filing the report can be demonstrated. Actual malice would be a filing of a false report knowing at the time of filing it that it was false, but it was filed with the express intention of causing harm. It is difficult to show the intent behind the actions of a person.

What is in a report made by individuals to the police or to CPS is not considered true or false. An investigation is required to determine truth or falsity. The qualified privilege, or immunity from suit, is offered so that people will freely report what crimes or potential crimes they see, hear about or suspect without fear that, if their report is discovered to have no merit, they will not be sued.

With all of that said, you DO NOT have to allow an inspection of your home without a warrant. It can be best if you refuse both police or CPS any warrantless entry into your home. You have nothing to gain from the inspection. It can be best to exercise your right to remain silent.

I recommend you contact an attorney to discuss your best responses to any inquiries made by the police or CPS, prior to answering any questions asked of you by anyone from either agency.

 

[mamashakesit]

Was the officer correct in the assumption that it was your child?

I honestly don't think so. I'm keeping a small percentage of doubt open because I do not want to be the parent who thinks my child does no wrong. She was sleeping over at my parent's house that night, as she has every Friday for the last 3 years. They were up very early; my dad left for work at 3:15 a.m., my mother was up for about an hour during that time. No one heard her leaving, no one heard her coming home, she was apparently up by 7:30 that morning and did not appear tired whatsoever.

There is also only one road to my parent's house off the main county road, which she would have had to have been on to access the road to their house. My dad didn't see her walking back to their house when he left for work. This is also a very small town. It's unlikely she was able to walk on the roads she did without being seen by someone we know. Possible, but not likely.

 

[PayrollHRGuy]

There is something missing from your story. WHat exactly is the claim being made about you or your child. Is it simply that they were out in the middle of the night?

 

[quincy]

How old is your child?

 

[Ohiogal]

"Is there any recourse if I believe a report the police filed with child services is false?"

In other words, is there anything that can be done to get this report removed from record?

I will update my post to be more clear.

No. Children Services Records are not public. And you don't know if it will be substantiated or unsubstantiated. Or if they will file a court case.

 

[zddoodah]

Is there any recourse if I believe a report the police filed with child services is false?

Depends on the relevant facts and circumstances, virtually none of which appear in your post.

At the very least, it was certainly very poorly investigated, with no real proof that the incident in question involved my child.

Huh? Why would the police file a report about you and a child that isn't/may not be yours? Also, why is your post ambiguous about whether the child in question is yours?

Is there anything that can be done to get this report removed from the record?

What "record"?

I honestly don't think so. I'm keeping a small percentage of doubt open because I do not want to be the parent who thinks my child does no wrong. She was sleeping over at my parent's house that night, as she has every Friday for the last 3 years.

So...it's not a question whether this is your child, but instead, a question whether your child did or didn't do the thing that you haven't mentioned?

They were up very early; my dad left for work at 3:15 a.m., my mother was up for about an hour during that time. No one heard her leaving, no one heard her coming home, she was apparently up by 7:30 that morning and did not appear tired whatsoever.

"They" being both of your parents and your child? Or just your child? "She" and "her" being your mother or your child?

There is also only one road to my parent's house off the main county road

That might be an interesting fact if we had ANY context here. In other words, what the heck is going on? Also, since there are apparently multiple people of the same gender involved, please be careful with your pronoun usage.

 

[mamashakesit]

What recourse are you looking for exactly?

An incident was reported and investigated. A previous problem with your child was noted and a solution proposed.

Reports made to the police and to CPS are covered by a “qualified privilege” which means no civil action can arise from these reports unless “actual malice” by the reporter when filing the report can be demonstrated. Actual malice would be a filing of a false report knowing at the time of filing it that it was false, but it was filed with the express intention of causing harm. It is difficult to show the intent behind the actions of a person.

What is in a report made by individuals to the police or to CPS is not considered true or false. An investigation is required to determine truth or falsity. The qualified privilege, or immunity from suit, is offered so that people will freely report what crimes or potential crimes they see, hear about or suspect without fear that, if their report is discovered to have no merit, they will not be sued.

With all of that said, you DO NOT have to allow an inspection of your home without a warrant. It can be best if you refuse both police or CPS any warrantless entry into your home. You have nothing to gain from the inspection. It can be best to exercise your right to remain silent.

I recommend you contact an attorney to discuss your best responses to any inquiries made by the police or CPS, prior to answering any questions asked of you by anyone from either agency.

The report came from a man driving home at 3 a.m. on a Saturday morning. He apparently saw a child straddling the river bridge, felt uneasy about it, turned around, convinced her to get off the bridge so he could drive her home.

The child apparently told him where she lived and he dropped her off. After he woke up later that day, he apparently decided to drive back to the home, and realized at that time that he knew the people who lived at the home, and that the child he had dropped off was not their daughter. On the following Monday, he called his investigator friend on his cell phone and reported the incident.

The investigator remembered the sleepwalking report, found my child's photo on FB (she is wearing a mask), and asked his friend if it was her, which the friend confirmed. The investigator said he made the report based on that information.

 

[mamashakesit]

I should also clarify that the investigator told me several times that HE is officially the reporter, not his friend.

 

[stealth2]

"Is there any recourse if I believe a report the police filed with child services is false?"

In other words, is there anything that can be done to get this report removed from record?

I will update my post to be more clear.

I'm sorry - I must have jumped to the rest too quickly - my bad.

 

[mamashakesit]

I should also clarify that the home where he apparently dropped the child off at is neither my home nor my parents.

My daughter is 10.

I DEFINITELY question whether this was my child. She is adamant that this was not her.

My PARENTS were up early. My FATHER got up before 3 a.m. for work; he left the house at 3:15 a.m. My MOTHER was up around the time he left until about 4:30 a.m.

My DAUGHTER was awake at 7:30 a.m. and didn't appear tired or cranky or dirty, according to her grandmother.

 

[PayrollHRGuy]

The report came from a man driving home at 3 a.m. on a Saturday morning. He apparently saw a child straddling the river bridge, felt uneasy about it, turned around, convinced her to get off the bridge so he could drive her home.

The child apparently told him where she lived and he dropped her off. After he woke up later that day, he apparently decided to drive back to the home, and realized at that time that he knew the people who lived at the home, and that the child he had dropped off was not their daughter. On the following Monday, he called his investigator friend on his cell phone and reported the incident.

The investigator remembered the sleepwalking report, found my child's photo on FB (she is wearing a mask), and asked his friend if it was her, which the friend confirmed. The investigator said he made the report based on that information.

That is a pretty damn good ID. I would strongly suggest you start worrying more about your child wandering the streets at night straddling bridges and getting in cars with strangers than you are about getting these actions reported to police and child services.