A law enforcement officer is dispatched to a residence to assist a social worker who is investigating a child maltreatment complaint. The investigation reveals that the child has not been maltreated. The father demands that the social worker release the identity of the complainant so that he can take legal action against the complainant. What type of legal action can the falsely accused parent take?

Question

Quizplus · Accepted Answer

In this scenario, the falsely accused parent can only successfully sue the complainant if it can be proven that the complainant was acting with malice, meaning they made the false report intentionally and without good faith. Otherwise, the complainant was merely acting out of genuine concern for the child's safety, and therefore cannot be held legally responsible for any harm caused to the falsely accused parent's reputation or emotional distress. It is important to note that laws surrounding false reporting of child maltreatment vary by state, but in many cases, making a false report can result in criminal charges. However, that does not necessarily mean the falsely accused parent can take legal action against the complainant.

A Law Enforcement Officer Is Dispatched to a Residence to Assist