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

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.

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Attorney answers 2

Posted

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. 727-456-0032/ 727-488-8272 familylawyer411.com/about-carin https://www.facebook.com/pages/The-Law-Offices-of-Carin-M-Constantine/125967577416313 http://www.linkedin.com/pub/carin-constantine/b/861/445

Posted

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. ******

Asker

Posted

Even if the Nurse Practitioner with their Child Protection Team gave false evidence to shelter the child? and even if with knowing it was false evidence the Case Manager, not DCF ever corrected this? Or if she was subject to medical abuse in the care of the state?

Heather Morcroft

Heather Morcroft

Posted

You might be able to sue HER, if she was maliciously and knowingly doing something false. But not DCF. I doubt you could show there was any sort of conspiracy. You have to understand that the evidence would have to be more than false. The nurse would have to have known at the time that it was false and done it deliberately and maliciously. It is quite possible for something to not be true, but for reasonable people to think that it might be true. It is DCF's job to protect children. If they had a reasonable belief that you might have poisoned your child, even if that later turned out to be totally untrue, they had an obligation to remove your child until everything could be sorted out. I don't know what you mean by medical abuse - that would be something to take up with an attorney as suggested by Carin. If they were somehow improper in what they did - below a basic standard of medical care, then there might be some remedy for that. But it is a hard standard to meet. Just because it took them some time to figure out what was going on is not necessarily medical abuse. But I don't know all the facts.

Asker

Posted

as medical abuse, they subjected her to medical testing over and over to try and prove something was done to her and when everything came back normal they would change doctors to have more and more testing done. She is a 6 month old baby who was 4 months preterm so had a host of typical premature issues anyhow. Even with her doctors saying nothing was done (they didnt file a report, someone on Facebook who doesnt know our family did) . Her doctors had no concerns either but the Nurse Practitioner working for DCF swore up and down she had to have been poisoned that there was no other reason to explain why her iron levels were elevated 2 points above normal. Can I go after the worker for partnership for strong families for knowing the information was false, and admitting she would correct it yet never correcting it?

Heather Morcroft

Heather Morcroft

Posted

You are not describing a situation where someone clearly knew something was false and maliciously went after you. I don't see that you have a case here.

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