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LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37855
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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Can I sue parents for loss wages during a CPS investigation.

Customer Question

Can I sue parents for loss wages during a CPS investigation. The case was delayed because of the CPS worker's work load. The finding were unfounded. The parent made claims of abuse,and false information of the event. Other co-workers were interviewed who witnessed the actions on the date in question , no evidence of abuse was validated by co-workers. The parent's accusations on stated date was not presented on viewed tape nor in any tapes viewed. The investigation was longer than 45 days. No income because HRS does not allow an employee to work during an investigation.
Submitted: 1 year ago.
Category: Family Law
Expert:  TJ, Esq. replied 1 year ago.

Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to help if I can. Please bear with me a few moments while I review your question, conduct any necessary research, and type a response. Thank you.

Expert:  TJ, Esq. replied 1 year ago.

Hello again.

Before I can provide a response, I need a little more background information. I'm unclear of who the parents are in relation to you. Also, what is HRS? Any other background info will be appreciated. Please explain the situation with the understanding that I know absolutely nothing about your circumstances.

Thank you.

Customer: replied 1 year ago.
No, at this time I will find out more information from my employer. Please do not bill me for any further research
Expert:  TJ, Esq. replied 1 year ago.

Hi again. I will wait for you to find out more information. Thanks.

Customer: replied 1 year ago.
Human Resources...HR. I work for transportation as a bus assistant for special needs children. The child is aggressive.because of his special needs and medication . I am not related to this child I was assigned to this bus as an assistant. Transportation does not give training on special needs children with aggressive behavior, just how to place them in bus seats, seat belt vest restraints and securing wheel chairs, providing a pleasant greeting to them and caring for their needs while on the bus rather it is against bus rules , such as eating and drinking. No instructions on their behavior just a brief description of special needs traits such as down syndrome, etc. The parents have a child that is aggressive on the bus ride to school. He does not want to be restrained in a seat belt and has severe anxiety. The school suggested he be placed in a safety vest, his mother would not allow this to happen and prevents any discussion. She retaliated by making accusations of abuse.
Expert:  TJ, Esq. replied 1 year ago.

Hello again.

Thank you for the additional information. As a general rule, a person cannot win a lawsuit against somebody who filed a CPS complaint even if the complaint turned out to be wrong. The reason for this rule is to prevent a situation where a person fails to contact CPS for fear of a later lawsuit, and a child continues to be abused as a result. In other words, when weighing the harm that a baseless CPS complaint causes, and the harm that an unreported child abuse case causes, the legislature and courts have decided it is more important to error on the side of children.

There is an exception to the above, however. If the parent filed the CPS complaint in bad faith (i.e., she knew that there was no abuse and just wanted to cause trouble for you), then you do have a valid cause of action against the parent. The lawsuit would be for abuse of process. In other words, the parent used the legal system to harass you. In that situation, you may be able to win damages against the parent, including lost wages.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also,please remember to provide a positive rating via the stars(and note that your positive rating is the only way that I'll get credit for helping you, so it is much appreciated!). Thank you. :)

Customer: replied 1 year ago.
Expert:  LawTalk replied 1 year ago.

Good evening Terri,

I'm Doug---a licensed attorney or more than 3 decades. You asked for a new professional to help you.

I'll be happy to offer you a private phone conference for just $5 more. In that conversation you will not be limited to questions or time and in that manner I can best assist you.