Child abuse must be reported when one who is a legally mandated reporter
has knowledge of or observes a child in his or her professional capacity, or within the scope of his or her employment whom he or she knows or reasonably suspects has been the victim of child abuse or neglect
(PC 11166[a]). Reasonable suspicion occurs when it is objectively reasonable for a person to entertain such a suspicion based upon facts that could cause a reasonable person in a like position, drawing when appropriate on his or her training and experience, to suspect child abuse (PC 11166[a][1]). Although wordy, the intent of this definition is clear: if you suspect, report.
Those persons legally mandated to report suspected child abuse have immunity from criminal or civil liability for reporting as required, even if the knowledge or reasonable suspicion of the abuse or neglect was acquired outside of their professional capacity or scope of employment.
In the event a civil action is brought against a mandated reporter as a result of a required or authorized report, he or she may present a claim to the State Board of Control for reasonable attorneys fees incurred in the action if he or she prevails in the action or the court dismisses the action (PC 11172 [c].)
In November 2013, in Santa Clara County Superior Court, a private school teacher falsely accused of sexual misconduct by several students and their parents won a defamation case against the families, and received a verdict in his favor of $362,000, in addition to punitive damages that are still to be determined. It is noteworthy that the suit and verdict were against the false accusers, and not the private school.
Thanks for the example, but in my
particular, specific case, that was not what happened. I think you missed the point, the fact of the matter is that 1. my 5 year old son did not bring a "kitchen knife to school to kill people" and 2. I did not kick in a door and threaten anyone with a switchblade, nor have I ever struck any of my children or did any of the other horrible things on her misleading, untrue report -but nevertheless, although innocent, we are both mentally scarred and stuck with this bs permanent record for life.
I've thought about this for a long time, and tried to see things with an open mind and be positive, but the fact of the matter is that the Principal most likely twisted facts to simply manipulate and intimidate us not to complain -she realized she was wrong when I offered my explanation why he had the butter knife on him (but it was already too late, she had made a giant scene at the school, calling the psychologists, even harassing my son with her door open with other students outside in the lobby, they all heard what happened and word spread around school).
Instead of being known as a truly "moronic" Principal who blew things out of proportion as a result of her inadequate education and experience, and who mistreated an innocent 5 year old child, she misrepresented herself as a "hero" by telling everyone that she saved the school from a child who wanted to kill people with a kitchen knife.
I still complained to the Board after the CPS case was closed, I waited because I didn't want her to make up another bs report in retaliation. It was shocking the lies she told, and I realized that this woman was nuts and could do anything. I literally had nightmares waking up in the middle of the night every time I heard a siren thinking it was CPS coming to take away our kids because of her lies. Once the case was closed, I made my complaint. Sad to say the Board didn't have the balls to do anything that I would consider decent.
Another example of her bs, she asked my son what I did for a living, he said I made "knives in the garage" -she put on the CPS report that I made knives for my children (I never have) and they've injured each other with them while fighting (It's a freakin joke! That never happened. Growing up around knives they don't even try to touch them without asking first. My son asked me if he could open a box of Legos, so I handed him a butter knife. I didn't know he was going to put it in his pocket -I carry an EDC folder, and he just wanted to be like me. It was an honest mistake.) They sent several police officers to my home that night after her bs portrayal of me in her report and after even speaking to us, even the cop warned me, he said you better watch your back "she said you kicked in her door and broke it and a whole bunch of other baloney." I even took a photo of the door the following Monday as physical proof and sent that in to the Board to prove that her report was bs -but they just ignored it. They're all buddies now, I guess it was a bonding experience for those assholes.
My wife was also targeted, the Principal tried to get her on "neglect" on her bs report by misreporting that she's never home, always out partying and is an absentee parent -again, complete lies. My wife's a wonderful mother and she even volunteered at school as the School Librarian, Art Docent and Class Treasurer. She even let the Principal borrow DVD's in the past. She's just a really sweet person and all the kids liked her at school. We were part of that community for 5 years and this woman through her reckless or calculating actions drove us away.
The District had a bunch of drama in recent years, right before they promoted her as Principal in Fall 2013 -which also probably worked to her advantage:
Mismanagement of public funds and politics at their finest! :jerkit: How can a school district such as this one attempt to educate children in a good environment, when the heart of the system
is the administration? (... and that is rife with bull$hit).
(This thread's taken a political turn, didn't intend to ... but maybe it should be moved to another forum?)
I guess the district didn't need more drama or negative press. They even threatened to sue me for slander or defamation. These assholes are good at hiding things under the carpet. Maybe we should have read the writing on the wall and left with the good teachers and Principals before any of this happened. I'll just chalk this one off to administrative moral misconduct and bureaucracy.
Maybe someday I will have a table at Blade, and I welcome you Thomas to please stop by and meet my family, then after spending some time with us, you decide if you really believe we are capable of such acts and if we were treated fairly. In the meantime, be well. I'm going Trick or Treating with my kids now. Happy Halloween all.
