can I file a lawsuit against headstart??

[Anonymous]

Last year around this time my two younger kids were in headstart. My youngest who was three at the time is a diabetic. I had to sit through every breakfast and lunch with him at headstart to check is blood sugar and give him insulin because they legally could not. After a simple doc appointment we switch to giving him his shots in his legs and butt area because the doc said his arms needed to heal. (the arms were the only spot our son would allow a shot on a daily basis) headstart new we changed where we were giving him his shots. Right after we changed that I was contacted in person at the headstart building by cps. They said there allegations that the bruises on my son's arms were from physical abuse. The case was closed right away because it was clear the bruises were caused by insulin shots. After the meeting the teacher of my kids class would not talk to me, make eye contact, stayed clear of me, and avoided me at all cost. I knew someone from that building called cps on me and I know they knew those bruises were from the shots and not us physically harming our child. I know it has been a year but could I have done something about the false claim in a legal sense to headstart/teacher for this?


ETA: I dont want to do anything about it now. I was just curious if there was something I could have done about it when it happened. That is all.

[UgtaBkdnMe]

YOu want to sue the people who gave you free daycare/preschool? WTF is wrong with people.

[angevil53]

No bc you weren't convicted or even brought to trial. For that to happen you have to be formally charged.

[OneToughMami]

:-( Just keep documenting it mama.

See if you have a Parent to Parent where you are. I heard more good out of them than Parents Reaching Out but that could be a state thing.

Quoting Grumpylilpixy:

I just went through this with my son 2 weeks ago. Of course now I am just waiting for the letter that comes once they clear you but I get called on every 2 years. I have stopped just rolling over, I confronted the nurse ( This was over me not upping the Concerta so she wrote my doctor and requested that he send the meds to her to give him. Of course my doctor informed me once I set foot in his office his nurse and him informed me what she was trying to do. He gave me a copy of the letter and later that day I called a meeting and told he straight out " NOT YOUR BUSINESS showed her the letter and told her this isn't going to happen. She apologized and left the meeting once I confronted her.  I have a IEP for him December 5th. I have contacted "Parents reaching out 2 years ago, yeah that didn't help."

So when I talked to my dr, he said to bad I can't take this to court for harrassment but he said these things are VERY hard to prove. Because if it several different people calling then you can't get them for malice. If it was just one person we could get them for Malice. 

But otherwise it is a hard case to prove.

I have 2 special needed children and they jump at anything they think is a miss. It is annoying but I know I am a excellent mom and that gets proven everytime they come out and it gets dropped.

Quoting OneToughMami:

I have an educational law book in my tiny ass hands right now...if you're having a problem with the school and your special needs child, I suggest consulting a lawyer who specializes in these types of things, especially if he/she has an IEP or you feel that you are being discrimminated against. While are mandated child abuse reporters, there's sometimes where you need to step back and evaluate what you know about the student.

Quoting Grumpylilpixy:

Since anon came along in the system it makes these cases hard to prove.   And sadly special needed cases get thrown to them all the time.

Quoting OneToughMami:

They knew of his medical problem though.

Quoting Grumpylilpixy:

You are a better safe then sorry case.... 

[OneToughMami]

I just realized I missed the word WE in there :-( but as someone in the education field, special education needs to be handled differently in my opinion. Even if a kid comes in bruised that doesn't mean he's abused if he is a flailer.

Quoting Anonymous:

Very good point, I hope the op takes your advice

Quoting OneToughMami:

I have an educational law book in my tiny ass hands right now...if you're having a problem with the school and your special needs child, I suggest consulting a lawyer who specializes in these types of things, especially if he/she has an IEP or you feel that you are being discrimminated against. While are mandated child abuse reporters, there's sometimes where you need to step back and evaluate what you know about the student.

Quoting Grumpylilpixy:

Since anon came along in the system it makes these cases hard to prove.   And sadly special needed cases get thrown to them all the time.

Quoting OneToughMami:

They knew of his medical problem though.

Quoting Grumpylilpixy:

You are a better safe then sorry case.... 

[Dee0886]

If they saw something they thought might be wrong with the child especially abuse, they are legally obligated to report it. Filing a lawsuit just because that one suspicion was wrong isn't the right thing to do because next time maybe they'll be reluctant to report a child who really is being abused. 

[Grumpylilpixy]

Thank you hun and will do. 

Quoting OneToughMami:

:-( Just keep documenting it mama.

See if you have a Parent to Parent where you are. I heard more good out of them than Parents Reaching Out but that could be a state thing.

Quoting Grumpylilpixy:

I just went through this with my son 2 weeks ago. Of course now I am just waiting for the letter that comes once they clear you but I get called on every 2 years. I have stopped just rolling over, I confronted the nurse ( This was over me not upping the Concerta so she wrote my doctor and requested that he send the meds to her to give him. Of course my doctor informed me once I set foot in his office his nurse and him informed me what she was trying to do. He gave me a copy of the letter and later that day I called a meeting and told he straight out " NOT YOUR BUSINESS showed her the letter and told her this isn't going to happen. She apologized and left the meeting once I confronted her.  I have a IEP for him December 5th. I have contacted "Parents reaching out 2 years ago, yeah that didn't help."

So when I talked to my dr, he said to bad I can't take this to court for harrassment but he said these things are VERY hard to prove. Because if it several different people calling then you can't get them for malice. If it was just one person we could get them for Malice. 

But otherwise it is a hard case to prove.

I have 2 special needed children and they jump at anything they think is a miss. It is annoying but I know I am a excellent mom and that gets proven everytime they come out and it gets dropped.

Quoting OneToughMami:

I have an educational law book in my tiny ass hands right now...if you're having a problem with the school and your special needs child, I suggest consulting a lawyer who specializes in these types of things, especially if he/she has an IEP or you feel that you are being discrimminated against. While are mandated child abuse reporters, there's sometimes where you need to step back and evaluate what you know about the student.

Quoting Grumpylilpixy:

Since anon came along in the system it makes these cases hard to prove.   And sadly special needed cases get thrown to them all the time.

Quoting OneToughMami:

They knew of his medical problem though.

Quoting Grumpylilpixy:

You are a better safe then sorry case.... 

[OneToughMami]

They are also in special needs cases supposed to take into consideration the child. In this case the child needed daily injections.

Quoting Dee0886:

If they saw something they thought might be wrong with the child especially abuse, they are legally obligated to report it. Filing a lawsuit just because that one suspicion was wrong isn't the right thing to do because next time maybe they'll be reluctant to report a child who really is being abused. 

[OneToughMami]

They are also in special needs cases supposed to take into consideration the child. In this case the child needed daily injections.

Quoting Dee0886:

If they saw something they thought might be wrong with the child especially abuse, they are legally obligated to report it. Filing a lawsuit just because that one suspicion was wrong isn't the right thing to do because next time maybe they'll be reluctant to report a child who really is being abused.