Legal Question in Civil Rights Law in New York

Civil Litigation against child protective services

Can I sue children protective services for a false statement in a report concerning the custody of my son due to the mental anguish and the threats to remove my children from my home if I do not do as they say because of an incorrect statement?

Asked on 8/07/01, 6:07 pm

1 Answer from Attorneys

Amy L. Finch, 845-362-0387 Amy L. Finch, Attorney and Counselor at Law

Re: Civil Litigation against child protective services

From your posting, I cannot tell who made the statement you claim is false.

When CPS gets involved, you need to be very cooperative, and do whatever they say. They can and will take your kids away if they feel it is justified.

It sounds like you're claiming libel and/or slander. This would be very hard to prove. If it was a statement of someone making a report to CPS, you will not know who made the report, and so even if you could prove the statement untrue, you would not know who to sue.

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Answered on 8/08/01, 8:56 am

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