First, understand what you’re up against
Doctors are obliged by law to report any suspected cases of child abuse, and the majority of these reports are made in good faith with the child’s protection in mind. This system is important. However, in some cases, serious injuries and symptoms can have medical or accidental causes, which may appear to be abuse to a doctor who has already formed a conclusion. In such situations, an innocent family can end up being drawn into an investigation even though no abuse has actually taken place. It is more widespread than many people think. In a year-long investigation, NBC News and the Houston Chronicle documented case after case of families drawn into the child-protection system by a doctor’s diagnosis. More than 300 families from 38 states contacted the reporters afterward describing similar experiences. You are not the first parent to have experienced this, and you are not without influence.
What to do first
1. Be careful what you say, and talk to a lawyer before you give a statement
Most people don’t realize that Child Abuse Pediatricians – who are typically on staff at large metropolitan and teaching hospitals such as Children’s hospitals – routinely work hand-in-hand with police and child protection workers, and are often required to report what you say to them. Don’t assume a conversation with a CAP is confidential or purely about your child’s medical care. What you say to them can and likely will be used against you in any child protection or criminal proceedings. They usually don’t tell you this. Many times, these CAPs will approach you and suggest or imply that they are part of the care team and that information they seek from you will be used for your child’s care. Be very careful what you say to CAPs. Ask to record any interview. Call a lawyer if you can.
2. Make sure you understand the path you are currently on
A child abuse assessment is usually the first step after a report is made to child protection. If the assessment points to abuse, a family court-type proceeding, known in Colorado as a “dependency and neglect” proceeding, will usually be brought. This type of case is distinct from any criminal case and is concerned with ensuring your child’s safety rather than with punishment. These types of proceedings may result in temporary removal of your child/children from the home, the establishment of a safety plan, or visits supervised by a social worker. Understanding which procedure you are in and what each one is and isn’t enables you to make better decisions when under pressure.
3. Obtain and keep all medical records
The medical records in this case are the key. Ask for the full set of medical records, covering all imaging, laboratory results, and the notes of each doctor who was involved, not just a summary. Incomplete or incorrect charts are a genuine issue in such cases, and the complete record forms the basis upon which a diagnosis can be challenged. Make sure you keep copies of everything and do not rely on anyone else to do so.
4. Get a second opinion from an independent doctor
A diagnosis of abuse remains just a medical opinion and may be incorrect. In some cases, findings that are initially described as abuse, such as head and retinal bleeding sometimes associated with ‘shaken baby syndrome’, or unexplained fractures, can have possible alternative explanations a qualified, independent medical expert may consider, including: metabolic bone disease, vitamin D deficiency, genetic disorders such as Ehlers-Danlos syndrome, benign external hydrocephalus, birth trauma, an accidental fall, or a bleeding disorder. Whether any of these apply in a given case is for a qualified expert to determine after reviewing the full record — but a second, independent review can sometimes surface an explanation the first doctor overlooked or rejected. This stage is frequently the turning point in a case such as yours.
5. Write everything down or record it if you can
Make a timeline of the things that happened to your child and keep a record of each conversation, noting who spoke to, when, and what was said. Save all texts, emails, and letters, too, since memories deteriorate and people’s versions of events change. Having a clear, contemporaneous record is very valuable later on.
6. Obtain the support letters as early as possible
Anyone who knows the way you care for your child, such as your pediatrician, your child’s teacher, your child’s coach, or a long-time friend, will be in a position to describe things they have actually observed. It’s important to ask early on, because after the process has started, some professionals feel that they can no longer take part, even if they do want to support you.
7. Obey the court’s orders and safety plans even if they seem unfair
Things you are asked to do may seem wrong to you if you know that you’ve done nothing at all; nevertheless, carry out the orders and have your lawyer challenge them in the proper manner. Breaking an order, even if it’s out of frustration, can damage you much more than the order itself.
8. Watch the deadlines
In child protection cases and in all criminal cases there are time limits, and there are also separate time limits when bringing a civil claim later if a false report has caused you harm. These time limits may be shorter than people anticipate. The earlier the correct lawyers are engaged, the more options you will have remaining.
When a false accusation becomes a civil case
Reuniting your family and clearing your name are the top priorities. However, if a doctor, hospital, or medical practice deliberately or recklessly produces a false report of abuse, the damage to your family might not stop there, and you could possibly take them to civil court. Such cases are civil rights cases. The Constitution guarantees a parent the right to bring up their children without unacceptable government interference, and the law enables families to take legal action against the institutions and individuals who made the false report and against those who deprived the family of their rights as a result. We specialize in cases like these. Bringing a civil case is a separate stage from the defense you are carrying out at the moment, but it’s important to be aware that this option is available.
False accusations and civil rights
A few things to know
These cases are difficult and they take a long time, usually two or three years. When you file a lawsuit, the facts are placed on the public record and deadlines put a limit on the time during which you can take action. Yet that should not prevent you from seeking assistance; in fact, it is a good reason to start as early as possible.
Talk to someone who understands these cases
You don’t need to face the situation alone or try to work it out by yourself if a doctor or a hospital has accused you of abusing your child. Just let us know what occurred and we’ll provide you with an assessment of your position. The first consultation call is free.
