Should I file a civil suit against a former babysitter?

Question

It has been approximately three weeks since I removed my children from this sitter's care. The deciding factor came when my five year old son claimed she took him in the back room of her home, held him down by the throat and kicked him in the stomach with her knee because he woke up his 4 yr old brother. The 4 yr old also had complaints about her also (although not as serious as the one just mentioned). I called social services who said they can do nothing. I feel like this woman is getting away with hurting my babies and she has other small children in her care that can't tell their parents what might be going on. I really feel that she's a danger. Should I consult with a lawyer? There were never any marks on my kids but if you get kicked in the stomach there probably would be no marks because that's a soft part of the body. What would you do?

Answer 1

You have to take the kid(s) to the doctors and have them checked out.  There are also people, sometimes called forensic interviewers, specifically trained to talk to children and discern fact from fiction.  They would have to be utilized anyway, in order to bolster the he said, she said case that you want to get involved in.  However, bear in mind that civil litigation is expensive and long.  It would not be resolved merely in a few months and even though the burden of proof is 51 percent, it still comes down to who the judge or jury will believe more.  Good luck!

Answer 2

Only after you inform the police and the licensing agencies.

Answer 3

I would investigate a little more. Kids stretch some stories. But if it comes true---go after her with an attorney.  

Answer 4

Call a lawyer and see what your options are.  You would feel horrible if you did nothing and some other child died in her care.  

Answer 5

Absolutely! I would also call the police and make a report. I'm sure your children wouldnt make that up. I would have the local paper write up an article to so that it can warn the public in your area about her.

It is such a shame how you cant even find a decent babysitter and go to work with no worries. I'm sorry that you have to go through this, its just awful.

Good Louck to you.