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Incorrect child abuse report

Discussion in 'Child Abuse, Neglect & Porn' started by Helpsj, Jun 2, 2018.

  1. Helpsj

    Helpsj Law Topic Starter New Member

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    Jurisdiction:
    Pennsylvania
    My husband was falsely accused of child abuse by a former student at the school where he worked. He was questioned by the police and cleared. The student had based her complaint based on his race (he is black). And identified it as him solely on that basis but it was someone else. However, a child abuse report was filed in the Pennsylvania Children and Youth system and an investigation opened. No evidence was found. Since the police cleared him and no charges were made, we thought that was the end of it. Fast forward 2 years and my husband is being denied employment based on the back ground checks finding an issue with his child abuse clearance.
    Turns out, the woman that was the agent assigned to his case (at C and Y) left the agency before closing the case. It was left as an open case under investigation. No one in the agency has picked up the case to close it despite notification by the police that he was wrongly accused. The agency won’t talk to us.

    Question 1: How can we get this cleared from appearing on back ground check of child abuse?

    question 2:

    Is there any case to sue the agency and or case worker for neglect, loss of wages/employment, stress, etc.?
     
  2. army judge

    army judge Super Moderator

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    More than likely YOUR husband (there is no we in this matter) will have to hire himself an attorney to have this removed.

    In fact, a lawsuit might even need to be filed.

    Suggest to your husband to talk to a couple of local attorneys about this matter.

    The initial consultation is normally offered without charge or further obligation.


    When your husband meets with the lawyers he'll see next week, he also ask about a lawsuit for damages.
     
  3. adjusterjack

    adjusterjack Super Moderator

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  4. ElleMD

    ElleMD Well-Known Member

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    Police and C&Y/DHS are separate. It is not entirely believable he would have no idea the case was not ever closed, especially being in the field of work he is in. There are a million reasons the case might not ever be closed, at least not yet, and no lawsuit can force them to close their investigation. Not even every meritorious case ends with law enforcement involvement, so the police concluding there is no justification for arrest means little. There may not have been merit but determining that is not a quick and easy process, nor is it left to law enforcement.
     
  5. shrinkmaster

    shrinkmaster Well-Known Member

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    Yes you can discuss matter with several lawyers and yes you "may" have grounds for a suit (I said may). However have you taken the matter higher up to food chain at DHS? Thsi would be the easiest and fastest resolution
     

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