Q: My caregiver left my home, and after spending all day with my autistic kids, decided to call in a welfare check on us.
My caregiver spent all day with my autistic kids, cared for them, and was in our home all day. She made up an excuse in order to leave early, and after doing so called in a welfare check on my children. Police showed up. The claims were all about the conditions like what they ate, that they wore diapers still, were non-verbal, and normal issues with autistic kids. She did not imply there were any problems while she was here, and after she left THEN called in complaining about the very things she experienced while in our house, with a smile.
I would like to know if I have grounds to file a civil claim for the emotional damage she caused myself and my wife for having cops show up at our house as if we abused our kids, and that these were obviously false claims as she spent 8 hours with us before making the call.
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- California
- (916) 704-3009
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- Answered
A:
You may have grounds to file a civil claim for emotional distress under California law, but there are several factors to consider. First, emotional distress claims typically require proof that the defendant's actions were outrageous and intended to cause severe emotional harm. In your case, the caregiver's actions could be viewed as reckless or malicious if she knowingly reported false information after spending the day in your home and observing the situation firsthand.
However, the challenge will be proving that her actions were not only false but also intended to cause you and your wife emotional harm. You would need to demonstrate that her call to the authorities was made with the intent to distress you, rather than out of genuine concern for the welfare of your children. This could involve showing that her report was inconsistent with her behavior while in your home.
It might also be helpful to gather evidence, such as any communication between you and the caregiver, or any witnesses who can testify to her demeanor and actions before she made the call. Consulting with a legal professional who can review the specifics of your situation would be crucial in determining the strength of your claim and the best course of action.
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