Attorney Eye » AttorneyEye » Legal Attorney » Can I sue DFS for defamation of character?

  #1 (permalink)
: My sons child was taken into DFS custody when I called to see about having him placed in my home I discovered that events from the past were completely false and now want to know what I can do about it. the history of events are as follows In 1987 I went to DFS because I lost my temper and caused harm to my children, I busted my sons mouth and I put bruises on his arms. I went to them because it scared me that I struck out on my child, They removed my children 2 days later, I went through homestudys counseling and the boys were placed back with me however everytime I turned around DFS was calling me into there office for something such ass your son says your not feeding him, you dont have enough toys. everytime I had to meet with DFS the case worker told me how messed up I was and how the boys deserved better than I was giving, she also kept pushing that there wass a family that wanted the boys and they could provide alot better for them than I could, after 2 years they wore me down with the constant threats and I gave custody of my 2 sons up. they did get adopted to a a mother and father. I came back into contact with my children 10 years ago and have a solid relationship with them now. recently I discovered that DFS reported alot of false information regarding the reason my kids were removed such as being a drug abuser and alcoholic which I was not that the boys were subjected constant abuse and neglect which they were not, I have multiple people that were around me and my children durring that time in life and they are willing to state the truth. I want this not only off my record but resolution as to why the department that is supposed to protect and help families didnt why they felt it neccesary to make me out to be this horrible person, brusing a child the way I did mine was bad enough and should have never happened to begin with but for the department to go out of there way to make it worse is unacceptable and I want to know what legal recourse I have to resolve this injustice I do not want my grandson placed in foster care.
I appreciate the honesty regarding the placement of my grandson. Yes I did admit the abuse because I wanted help, I am not looking for anyone to side with me. I am wanting the information corrected once again I will repeat that striking a child hard enough to leave bruises is wrong I in no way condone what I did and am in no way proud of what I did I am not looking for sympathy and do not need anyone telling me how the system is perfect because it isnt and there are injustices that occur. and as far as me being delusional well IDK I once upon a time didnt think DFS would do that either, and for the most part I agree they are supposed to be for the better good of the family. everyone except one person is around that was around then and all are willing to testify that I was not a drug adict or alcoholic , the orignal caseworker, which no longer works for DFS said that she never put anything like that in my record and dosnt know how that got in there she also stated that she new what hap

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  #2 (permalink)
: You could hire an attorney and try suing DFS for entering false information however you will likely not be too succesfull...especially since its been 26 years since the information was filed, the statutue of limitations has likely expired..

(note) DFS can list in their reports that they Suspect drug or alcohol use, they dont necessarily need 100% proof, just mere suspicion is enough...

((( In 1987 I went to DFS because I lost my temper and caused harm to my children, I busted my sons mouth and I put bruises on his arms))) (( I gave custody of my 2 sons up.))
You admitted to child abuse...later you gave up custody of your 2 kids.

These 2 things completely disqualify you...
DFS will not place your grandson in your care.....
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  #3 (permalink)
: Legally, the child isn't your grandson, though biologically he is. You won't like that, and I expect you'll be fussing about the outrageous claim, but it's true.
As to the claims, some will have come from interviews from your sons, and some from personal observation of the case worker assigned to this case. You can try to fight them, but I doubt you'll win. I expect you'll find someone on here that agrees with everything you say, though.
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  #4 (permalink)
: Get an attorney if you can afford one. But I have to believe that you're in deep denial of the things that happened. DFS workers do not fabricate stories so they can take kids from their parents, it's actually the LAST thing they want to do. Also no parent worth their weight would be "worn down" into giving up their kids, that's just a lie. You got tired of dealing with DFS and knew the only way to avoid them would be to give up your kids, the easy way out. They didn't defame your character, they just merely described it.

You're not capable of taking care of anyone's kids.
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