Legal Question in Family Law in Maryland
I recently got a visit from Child Protective Services at my home because my son's Daycare (Kindercare in Abingdon MD) called them, without even bringing their concerns to my wife and I attention first, and made bogus claims about him being neglected at home. This is not true and the case worker came to the same conclusion. There have been no reports from any other required reporters (teachers, therapists, etc) either who see him. They also told CPS that he had Cerebral Palsy which is also false, he has never been diagnosed with this condition. My questions are, can I sue them for slander, and also can I sue them for releasing priviledged medical information without prior consent?
1 Answer from Attorneys
To successfully sue someone for slander you need to prove they acted with malice as opposed to an honest mistake. Child care facilities are under a lot of pressure to report suspected child neglect and abuse to authorities, lest their licenses be jeopardized. The other problem is that in all likelihood you would never be able to collect any judgment you might otherwise get in court, at significant expense to you. I assume you've severed your relationship with this facility over this incident, and your best interests would be served by leaving it at that.
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