can I file a lawsuit against headstart??

[Anonymous]

Last year around this time my two younger kids were in headstart. My youngest who was three at the time is a diabetic. I had to sit through every breakfast and lunch with him at headstart to check is blood sugar and give him insulin because they legally could not. After a simple doc appointment we switch to giving him his shots in his legs and butt area because the doc said his arms needed to heal. (the arms were the only spot our son would allow a shot on a daily basis) headstart new we changed where we were giving him his shots. Right after we changed that I was contacted in person at the headstart building by cps. They said there allegations that the bruises on my son's arms were from physical abuse. The case was closed right away because it was clear the bruises were caused by insulin shots. After the meeting the teacher of my kids class would not talk to me, make eye contact, stayed clear of me, and avoided me at all cost. I knew someone from that building called cps on me and I know they knew those bruises were from the shots and not us physically harming our child. I know it has been a year but could I have done something about the false claim in a legal sense to headstart/teacher for this?


ETA: I dont want to do anything about it now. I was just curious if there was something I could have done about it when it happened. That is all.

[KailesMommy]

No you wouldnt have been able to do anything. Its like any other person making a false claim.

[jeannie39]

 You can file a lawsuit against anyone at anytime. That doesn't mean you should or that you will win. I would talk to the Headstart personnel and ask what was up last year. Maybe they knew another parent called CPS on you but wasn't allowed to tell you at the time. That is entirely possible. IDK, but maybe they felt something else was wrong, reported the bruises hoping the real concerns would come to light.

As for suing them, if they are the one that reported you, they were doing their job. I'm sure there have been other cases of mistaken abuse but it's better to be safe than sorry. What if someone other than you would have been hurting your child? Wouldn't you have wanted to know? IMO, if they did this, they were doing what they were paid to do and since no harm was done, I'd let it go. Like I said, another parent could have done it, not knowing about the shots.

Hopefully, your other child can start going there without problems from the past causing upset for his experience there. Good luck to you and your little ones. I hope your diabetic son has this medical issues under control. That is so sad for a family to have to deal with diabetes of  a child. Hugs to you momma.

[Anonymous - Original Poster]

I am sure it was scary. It was scary for me to have to give him one. He was 16 months old when he was diagnosed and the hospital wouldnt let us leave until I was able to give him a shot. I hesitated each time and it took me two days to be able to do it. I had to give the needle back to the nurse each time. The only way I was to get myself to finesse to empty my mind and not allow myself to feel within until afterwards. I cried for more turban hour after that. He didnt know why this was happening and I couldnt explain to him. These past three years have been scary and harder then I could ever imagine. He turned four last Feb.

Quoting CutieCrab:

I feel bad for your child, getting shots a few times everyday... And he was in headstart, so he was about 4? :-(

I imagine when he first needed it, that must have been scary. NOT trying to be rude.

[Grumpylilpixy]

In the court of law you have to have proof.

You have to show malice. Which means either you have proof it was one person over and over. Or it was the actual school system.

In my state, anyone can call, anytime they want even a teacher ,a nurse they do not have to tell the main cordinator they called.

So hire a lawyer but these cases are hard to prove esp. if they stay ANON.

Good luck but you have a tough fight you WILL need  a lawyer for SURE.

Quoting Anonymous:

Yep. He has been a diabetic since June 7 2009 and I have had them called on me 4 times. All related to him being a diabetic. The first one was an ex friend tried to convince them that I gave my son diabetes because I supposedly had munchhousens (sp?)

Quoting Grumpylilpixy:

Sorry that isn't SHIT you can do this can and most likely will be thrown out of court. They have a right to cal CPS on anyone they are concerned about. So with that said you just got in the cycle of you have a special needed  child and the system will get called on you. Thats the bottom line. I got through it all the time.

[BEXi]

My parents had to deal with CPS a couple of times because of my mentally handicapped sister. She would put her head through windows during a temper tantrum, pull out her hair, and other destructive harmful things to herself. Luckily the school was understanding, but they still called a couple times. Maybe it was the temporary aides who didnt know my sister well or what.. I cant even imagine how many times CPS would be at our door if she was being raised in this day and age.

Quoting Anonymous:

Yep. He has been a diabetic since June 7 2009 and I have had them called on me 4 times. All related to him being a diabetic. The first one was an ex friend tried to convince them that I gave my son diabetes because I supposedly had munchhousens (sp?)

Quoting Grumpylilpixy:

Sorry that isn't SHIT you can do this can and most likely will be thrown out of court. They have a right to cal CPS on anyone they are concerned about. So with that said you just got in the cycle of you have a special needed  child and the system will get called on you. Thats the bottom line. I got through it all the time.

[Anonymous - Original Poster]

He is doing very well. He was able to start the pump at the beginning of the year and his A1c has never been better.

Quoting jeannie39:

 You can file a lawsuit against anyone at anytime. That doesn't mean you should or that you will win. I would talk to the Headstart personnel and ask what was up last year. Maybe they knew another parent called CPS on you but wasn't allowed to tell you at the time. That is entirely possible. IDK, but maybe they felt something else was wrong, reported the bruises hoping the real concerns would come to light.

As for suing them, if they are the one that reported you, they were doing their job. I'm sure there have been other cases of mistaken abuse but it's better to be safe than sorry. What if someone other than you would have been hurting your child? Wouldn't you have wanted to know? IMO, if they did this, they were doing what they were paid to do and since no harm was done, I'd let it go. Like I said, another parent could have done it, not knowing about the shots.

Hopefully, your other child can start going there without problems from the past causing upset for his experience there. Good luck to you and your little ones. I hope your diabetic son has this medical issues under control. That is so sad for a family to have to deal with diabetes of  a child. Hugs to you momma.

[CutieCrab]

I meant scary for you... I am sure it was scary for him. I hate taking my 4 year old to get his blood drawn. I cry every time. But I have Wic and they request it... It breaks my heart to see him cry. I couldn't imagine actually giving him a shot... :-(

Quoting Anonymous:

I am sure it was scary. It was scary for me to have to give him one. He was 16 months old when he was diagnosed and the hospital wouldnt let us leave until I was able to give him a shot. I hesitated each time and it took me two days to be able to do it. I had to give the needle back to the nurse each time. The only way I was to get myself to finesse to empty my mind and not allow myself to feel within until afterwards. I cried for more turban hour after that. He didnt know why this was happening and I couldnt explain to him. These past three years have been scary and harder then I could ever imagine. He turned four last Feb.

Quoting CutieCrab:

I feel bad for your child, getting shots a few times everyday... And he was in headstart, so he was about 4? :-(


I imagine when he first needed it, that must have been scary. NOT trying to be rude.

[stefvan]

 No.  She has any obligation to report anything to DSS that seems suspicious.  To her, it was. 

[Grumpylilpixy]

Since anon came along in the system it makes these cases hard to prove.   And sadly special needed cases get thrown to them all the time.

Quoting OneToughMami:

They knew of his medical problem though.

Quoting Grumpylilpixy:

You are a better safe then sorry case.... 

[sweetboys4me]

No I dont think you can. there were no damages to you or your child and that is critical for winning any lawsuit. they have to report suspected signs of abuse. 

Also, these tax payer funded programs need all the money they can get.  Do you honesty want to take money that would be diverted away from funding a childs education?