Can a person sue you for reporting them to Child Protective Services?

Question

My 4 & 5 yr old sons both reported that they were being mistreated by the babysitter. They were only with her a short time and I abruptly took them out of her care. She is an unlicensed daycare. I called CPS to and told them what my sons told me and they said I did the right thing and that they would have to determine if it should be investigated. My children never had signs of abuse but they complained that she didn't feed them and that one said she kicked him with her knee. That was when I decided they wouldn't go back to her. I also called her and told her about their complaints and of course she denied it. She became threatening on the phone about going to court and in a moment of being upset, I let her know that I told CPS my concerns. The only things I told CPS was what my children told me. She became very threatening and told me that I would have a big mess to deal with if CPS contacted her? Can she do anything to me? I thought I did the right thing by contacting them.

Answer 1

To have any chance she would have a heavy burden of proof that you KNEW that the report was false. Then she would have to prove that your report was made maliciously.

Many reports are anonymous and so vague as to be meaningless. We were reported several years ago for being "strict," "religious" and "homeschoolers." Last year we were reported in another state because some of the children were seen "walking around town" and "appearing malnourished." All out children are around the middle of the height/weight charts on several children's health websites.

The first report was so ridiculous as to be inane. Nothing reported was anything wrong. If you aren't "strict" (whatever that means) your are "negligent" (whatever that means). Since when is being "religious" wrong in America? And "homeschooling" is legal in all American states and territories, subject to regulations in some states. So what was the beef? Oh - the SW let us know who made the report! Which she wasn't supposed to do. But what they said didn't accuse us of any improper behavior. Kind of like reporting that we have brown eyes and buttons on our shirts. CPS' attitude is that they "have" to follow up even if the report was that the sun was shining in your neighborhood.

Second: "Walking around town?" So? The streets have sidewalks and the street we live on is a side street, not even a main arterial in this small burg. And "malnourished?" I see more obese people in this area than anywhere I have ever been. Is not being obese "neglect?" The social worker is obese. The police officer she brought to intimidate us with spoke of his overweight (he was pleasant under the circumstances and said to the SW that we looked like a "nice family"). I know, mutt-and-jeffing, good-guy-bad-guy, but he did behave decently, not threatening like the SW. Saw him at the Wal-mart last night; he was amiable.