Legal Question in Family Law in North Carolina
CPS and medical problem
Recently I took my 10 week old son to the doctor as his head size was increasing and it took a few visits to diagnose that he had skull fractures and as soon as the doctor discovered this he immediately called DSS and reported that an abuse had taken place. We know for sure that there was no abuse but no one will believe us as we discovered that my son has other fractures of the ribs and collarbones and we now believe that he has brittle bones and the doctor said he did not have it but we learned then that it takes 6-8 weeks for results to come through and my son was taken from my custody and we plan on taking him to be tested for this disease as he shows some other syptoms. My question is, if we find that he does have something wrong with his bones and that no abuse occurred, is there any way we can bring upon a lawsuit against the DSS and the doctor? Also, myself and my husband are deaf and in all those visits, we were never provided with an interpreter and all communication was on notes.
1 Answer from Attorneys
Re: CPS and medical problem
In NC the health care provider is required under state statute to report
cases of suspected abuse. So are teachers, day care workers, even lawyers.
The statute also holds harmless any of those people who, in good faith, comply
with the law by making such a report.
The DSS must investigate and decide whether to take a petition alleging
neglect or abuse of the child. You will be
assigned an attorney by the court at that time.
In fact, your husband may be assigned a different
lawyer, unless there is no question but what
you both have a single position and neither spouse
is suggesting as a defense that the other spouse is the
potential abuser.
Unexplained injuries cause you a big problem with the DSS
Generally I suggest that you deal with the people openly.
Invite them to make announced and unannounced visits to
your home. Make damn sure there are no drugs, and it's a goo
idea not even to have a beer in your refrigerator
for the time being.
At this point it will be hard for you not to get a real attitude
toward the meddlesome , holier than thou, middle class, bureacrats of
the DSS, but you cannot appear anything other than genuinely
concerned.
If you have financial means, get a specialist working on the brittle bone
question now.