Can I sue DCF if their allegations end up being unfounded after a CPT team made false allegations to the court?

Asked over 1 year ago - Macclenny, FL

If my daughter was taken into custody by DCF after a Nurse Practitioner on the CPT at Wolfsons Childrens Hospital alleged my daughter was poisoned, however its proven to be unfounded and not true and lacks medical evidence and is all based on hearsay, and the petition given to the judge was all false and its been admitted by the case worker its not true, is DCF and the CPT liable for damages? Especially since I have even been withheld from seeing my daughter behind a no contact order for two months all based on the report from the CPT's Nurse Practitioner? Also my daughter is having the same health issues in care that were blamed on me even eight weeks after no contact.

Attorney answers (2)

  1. Heather Morcroft

    Contributor Level 20

    1

    Lawyer agrees

    Answered . No. DCF is immune from suit for this kind of thing. The only thing you can sometimes sue them for is personal injuries due to negligence that happen while a child is in DCF custody. But in this case they got a report, they went to court, the court said they had probable cause - the fact that you eventually prevailed doesn't give you the right to turn around and sue them - they were doing their job.

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******
  2. Carin Manders Constantine

    Contributor Level 19

    Answered . You need to contact a Civil Litigation firm to see if you can get a free consult.

    I can tell you that I have never seen a case against DCF be successful unless the child was abused in their care or died.

    This information is a general answer and is not specific to any particular case. Carin Manders Constantine, Esq.... more

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