Wednesday, February 10, 2010

In Florida can you sue someone for false accusation to DCFS?

An ex-wife called Children %26amp; Family Services to make false accusations just to stir up trouble with ex-husbands new girlfriend %26amp; her family. All charges were proved false and unfounded and the case dropped, with apologies from 2 counties. Can we sue her for Deflamation of Character, or whatever, for the minor she accused, his parents, sister and the boyfriend. It was 7-8 weeks of pure hell and embrassment for all concerned. She has a pretty bad past and was trying to make us pay for her stupidity. I would like to know if Florida laws would let us sue her or something for what she did. We have only lived here since August 23, 2007 and less than 2 weeks later she called DCFS with her lies. We are just courious because this has never happened to us before and she should not be allowed to do this to my son, my husband, myself, and my daughter and her boyfriend, and his kids. Any answer or help would be appreciated in this mess.thank you for your helpIn Florida can you sue someone for false accusation to DCFS?
The problem is not that you can or can not sue. You can sue anyone for anything. The problem is that legally, DCFS can not disclose who called with the accusations. This is supposed to remain confidential. If you have a way to prove the ex-wife called then I would sue her for everything she has plus everything she thinks she will get with child support, alimony, and anything else you can think of that she got in the divorce. I have been falsely accused as well and it wastes the government's time and money when other children are being abused and they don't have the time to investigate because they are sent on these types of wild goose chases. If you can prove it, sue her *** off.In Florida can you sue someone for false accusation to DCFS?
it is against the law in the state of florida to make false child abuse claims. the same thing happend to me and i went down to the local police department and pressed charges on her it was then turned over to the state attourney office for review. i then later dropped the charges on her.

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I live in the state of FL and I am very familiar with DCF and child abuse reporting. While you can ';try'; to sue her, most likely it won't get anywhere. In the state of FL, the name of anyone who reports child abuse is 100% confidential (to protect people from getting sued, retaliation, etc.). It is illegal and criminal for anyone at DCF to tell you that it was her that made the report. Therefore, there is no way you can know that it was actually her unless she told you, so proving it in court will be difficult or impossible.





If she did tell you she did it, and you have some proof that she did, then you can try to file a lawsuit against her for making a false report. It is illegal in the state of FL to make a child abuse report that they know is false. Even if your lawsuit doesn't go anywhere, it is possible (though highly unlikely) that the state may prosecute her criminally. However, all she has to tell the judge is, ';I honestly thought the kid was in danger'; and that will be that, unless you have some witnesses to her saying that she made the report in bad faith.


I hope this makes sense. If it doesn't, please contact me, and I will explain things more clearly. DCF is a complicated system, and a lot of times they get negative publicity for not doing their job properly.
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