HOW DO I SUE SOMEONE FOR A FALSE DCFS REPORT?

Asked over 2 years ago - Chicago, IL

I went to a behavioral health center to seek help for my 13 year old son because he's having behavioral issues an, the intake person didn't like the fact of me telling her to stop smirking at me while i was explaining the situation. She got so angry with me she threaten me and told me she was gonna call dcfs on me in which she did for neglect and starving my 5'8 inch &165 pound son. All lies in which dcfs asked my son were these allegations true what the lady said and my son told her those were lies and she said that to get dcfs to act quick. what can i do about this siuation? Is this enough to file a lawsuit against her for filing this report?

Attorney answers (2)

  1. David Matthew Gotzh

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . Probably not. There's a statute making it a crime to knowingly file a false report, but there's no teeth to it - Furthermore, I believe only DCFS can refer false reports to prosecutors because only they are allowed access to said reports.

  2. Katherine Grace Houghton

    Contributor Level 11

    2

    Lawyers agree

    Answered . Sounds malicious to me, but dont know that you will be able to find an atty to take the case. You would have to prove damages and it appears that dcfs quickly dismissed the complaint. You could try a letter to the editor of your newspaper commenting on the events, but keep it factual and truthful as you don't want to be sued for libel yourself. Consider writing a letter to the director or supervisor of the health center complaining about their inept employee, but keep it calm and factual.

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