what recourses do i have pertaining to child welfare charges wrongfully accused?

[need to know]

What is the name of your state? N.Y.

Can I file a law suit against someone who called child welfare on me with false allegations. They asked not to be named but I know for a fact who it was. And, I can prove the allegations are false AND malicious. Even the case worker said it sounded like defamation, slander and libel.

 

[stephenk]

In short, no.

 

[need to know]

what recourses

may i ask why not? thanks

 

[goodgrief]

I saw a woman on Judge Judy sue for that before...so maybe you can take them to small claims court if you can prove it?

 

[stephenk]

Because the public wants people to report abuse without fearing they will be sued. Unless you can prove there is absolutely no basis for the call to child services and that the call was made with malice, you are out of luck.

 

[dallas702]

If you can prove the accusations were both false and malicious...and you suffered damages, go get a lawyer and sue. And, not in small claims court!

If the accusations could have resulted in criminal prosecution the perp could be charged with filing a false report. Talk to your local desk Sgt.

 

[casa]

What is the name of your state? N.Y.

Can I file a law suit against someone who called child welfare on me with false allegations. They asked not to be named but I know for a fact who it was. And, I can prove the allegations are false AND malicious. Even the case worker said it sounded like defamation, slander and libel.

The caseworker's opinion is irrelevant. And unprofessional.

How can you prove this particular person made the complaint(s)...and How can you prove they knew the allegations were false when they made them? Typically if a person says they were genuinely concerned for the welfare of the child~ They get off the hook. If it continues to happen- there are other options in civil court.

 

[need to know]

Thank you all so much for your advice. I greatly appreciate it.
I agree that anyone who feels a child is being neglected should report it without fear. However, I also feel that if you are going to make false allegations against someone without proof or reason, then it's the person who made the allegations who should be charged. The system is flawed in allowing malicious people to make false allegations without fear of the consequences. And it's all at the expense of the children. They are now having nightmares of being taken away. Again, Thank you all so much!
Have a great day.