Legal Question in Civil Rights Law in New York
strip searching a 6 year old
Were our rights violated, if so what should we do next about the following events.
My six year old nephew went to school with a black eye he got from a ligitamate accident. At school he was physically searched and questioned by a social worker, without his mother's knowledge, about his eye and he stated he had an accident. A few days later the social worker showed up at her residence with 12 cops, no warrant showed, proceeded to strip search all three kids 6, 5 and 4 yrs. and question them about abuse. Needless to say nothing was found on the kids they left but placed my sister and her husband on a list of child abusers for 60 days and stated that they needed parenting classes. My sister and the kids were traumatized by the experience. What and can we do now? Who do we go to now? Which of their rights were violated?
Thankyou in Advance
S.K.
2 Answers from Attorneys
Re: strip searching a 6 year old
The department of social services and all doctors, hospitals, police etc. are mandated reporters of suspected acts of child maltreatment and abuse under section 413 of the Social Services law. They can be prosecuted for NOT repoprting a suspected abused child.
If your child has frequent unexplained bruises it could have lead to this situation although for the police to come to the house they must have probable cause.
To initiate a CPS investigation, only the mandated reporter needs reasonable belief a chilsd is endangered.
The 60 day period is actually statuory-if they were not prosecuted, it means that the report was "unfounded" and sealed.
If the children were seriously traumatized they might have an action. But if social services did not actually find your sister was abusing her children and the investigation went away with no more difficulty, be thankful.
It is difficult to pursue in a civil action for defamation or wrongful reporting because the same law that requires reporting, makes the mandated reporters immune from suit unless they acted in bad faith.
Email further details if you wish to discuss this.
Re: strip searching a 6 year old
The strip search may have been too far, but other than that I do not see anything from your description of events that was done improperly.
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