Home > Research Legal Advice > Medical Malpractice > Can we sue our local D C F for not doing an investigation properly
Asked 3 months ago - Jacksonville, FL
FlagThere was a case of emotional abuse against the stepmother towards my son and she was never investigated and the report was done in haste and un true statements were made in it by the investorgator . And it was closed and we were never notified about it.
39.011 Immunity from liability.--
(1) In no case shall employees or agents of the department or a social service agency acting in good faith be
liable for damages as a result of failing to provide services agreed to under the case plan unless the failure to
provide such services occurs as a result of bad faith or malicious purpose or occurs in a manner exhibiting
wanton and willful disregard of human rights, safety, or property.
(2) The inability or failure of the department or of a social service agency or the employees or agents of the
social service agency to provide the services agreed to under the case plan shall not render the state or the
social service agency liable for damages unless such failure to provide services occurs in a manner
exhibiting wanton or willful disregard of human rights, safety, or property.
(3) A member or agent of a citizen review panel acting in good faith is not liable for damages as a result of
any review or recommendation with regard to a dependency matter unless such member or agent exhibits
wanton and willful disregard of human rights or safety, or property.
You need to talk to a Florida attorney to make sure. However, in many states you cannot sue state officials unless their conduct was worse than being simply negligent.
It sounds like you are in a difficult post-divorce situation with your ex-spouse and his new wife. You may also want to talk to a family law attorney about whether something can be done along the lines of modifying the divorce decree.
However, I would also suggest giving a lot of thought and effort to addressing the problem by trying to develop a better relationship with your ex-husband and his new wife.
Good luck.
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