Gosport, IN asked in Education Law, Civil Litigation and Civil Rights for Indiana

Q: Can I sue a school for calling CPS under false pretenses?

I want to know if I can sue a school for calling CPS when they twisted my kids' words, and the school never informed me of any concerns beforehand. This situation has caused stress, anxiety, and fear in our home, and there's a potential risk of job loss. Our relationship with the school has been generally good, though some teachers have picked on my kids. No one at the school is answering my questions about this incident.

1 Lawyer Answer
James L. Arrasmith
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Answered

A: It’s understandable that you are upset and frustrated by the situation. If a school calls CPS based on false information or misinterpretation of your children's words, it could be a serious matter. However, schools are typically required by law to report suspected abuse or neglect, and they may not be legally liable for making such reports if they have a reasonable belief that it's necessary to protect the child.

That being said, if you can prove that the school acted in bad faith or intentionally misrepresented your children’s statements, you might have grounds to pursue legal action. For example, if the school intentionally twisted your children's words or failed to follow proper procedures, it could be considered defamation or a violation of your rights.

It’s important to document everything related to the incident, including your communication with the school and any responses you’ve received. It might also be helpful to seek legal advice to understand whether you have a valid claim and what steps to take next.

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