100% appropriate, even lenient on your part given the egregiousness of of his actions. False allegations of abuse is itself a crime in every single state and is punishable both criminally and civil.
Now you are stepping into my playing fields. Let me know if I can help. If any DCF worker know of a false allegation of abuse they have a duty to report it to the police immediately so that can investigated by the police for a possible arrest AND then they have to send it to their investigator for a possible administrative investigative issue and subsequent penalties.
2023 Indiana Code Title 31. Family Law and Juvenile Law Article 33. Juvenile Law: Reporting and Investigation of Child Abuse and Neglect Chapter 22. Offenses; Access to Unsubstantiated False Reports 31-33-22-3. False Reports; Criminal and Civil Liability; Notification of Prosecuting Attorney
Universal Citation:
IN Code § 31-33-22-3 (2023)
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This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.
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Sec. 3. (a) A person who intentionally communicates to:
(1) a law enforcement agency; or
(2) the department;
a report of child abuse or neglect knowing the report to be false commits a Class A misdemeanor. However, the offense is a Level 6 felony if the person has a previous unrelated conviction for making a report of child abuse or neglect knowing the report to be false.
(b) A person who intentionally communicates to:
(1) a law enforcement agency; or
(2) the department;
a report of child abuse or neglect knowing the report to be false is liable to the person accused of child abuse or neglect for actual damages. The finder of fact may award punitive damages and attorney's fees in an amount determined by the finder of fact against the person.
(c) The director or the director's designee shall, after review by the department's attorney, notify the prosecuting attorney whenever the director or the director's designee and the department's attorney have reason to believe that a person has violated this section.
(d) A person who:
(1) has reason to believe that the person is a victim of a false report of child abuse or neglect under this section; and
(2) is not named in a pending criminal charge or under assessment relating to the report;
may file a complaint with the prosecuting attorney. The prosecuting attorney shall review the relevant child abuse or neglect records of the department and any other relevant evidence.
[Pre-1997 Recodification Citation: 31-6-11-24.]
As added by P.L.1-1997, SEC.16. Amended by P.L.234-2005, SEC.166; P.L.131-2009, SEC.55; P.L.158-2013, SEC.318
Same thing happened to me. I was targeted by the county attorney, and all of the caseworkers in a CPS case in Colorado. I have so transcripts from the court appearance where the attorney spent 10 minutes attacked my character, lying about my bar status, and stating that after reviewing my TikTok page, she is certain I am suffering from mental illness related to substance abuse. This was all said in over court, and sent in emails to 7 CPS work, and three attorneys (including my clients court appointed attorney). They were arguing that my client should not be able to use me as her advocate bc they had “serious concerns” that I was taking advantage of the client.
I have wanted to file bar complaints and ADA complaints against them.
100% appropriate, even lenient on your part given the egregiousness of of his actions. False allegations of abuse is itself a crime in every single state and is punishable both criminally and civil.
Oh, this is step one...
Now you are stepping into my playing fields. Let me know if I can help. If any DCF worker know of a false allegation of abuse they have a duty to report it to the police immediately so that can investigated by the police for a possible arrest AND then they have to send it to their investigator for a possible administrative investigative issue and subsequent penalties.
2023 Indiana Code Title 31. Family Law and Juvenile Law Article 33. Juvenile Law: Reporting and Investigation of Child Abuse and Neglect Chapter 22. Offenses; Access to Unsubstantiated False Reports 31-33-22-3. False Reports; Criminal and Civil Liability; Notification of Prosecuting Attorney
Universal Citation:
IN Code § 31-33-22-3 (2023)
Learn more
This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.
Previous
Next
Sec. 3. (a) A person who intentionally communicates to:
(1) a law enforcement agency; or
(2) the department;
a report of child abuse or neglect knowing the report to be false commits a Class A misdemeanor. However, the offense is a Level 6 felony if the person has a previous unrelated conviction for making a report of child abuse or neglect knowing the report to be false.
(b) A person who intentionally communicates to:
(1) a law enforcement agency; or
(2) the department;
a report of child abuse or neglect knowing the report to be false is liable to the person accused of child abuse or neglect for actual damages. The finder of fact may award punitive damages and attorney's fees in an amount determined by the finder of fact against the person.
(c) The director or the director's designee shall, after review by the department's attorney, notify the prosecuting attorney whenever the director or the director's designee and the department's attorney have reason to believe that a person has violated this section.
(d) A person who:
(1) has reason to believe that the person is a victim of a false report of child abuse or neglect under this section; and
(2) is not named in a pending criminal charge or under assessment relating to the report;
may file a complaint with the prosecuting attorney. The prosecuting attorney shall review the relevant child abuse or neglect records of the department and any other relevant evidence.
[Pre-1997 Recodification Citation: 31-6-11-24.]
As added by P.L.1-1997, SEC.16. Amended by P.L.234-2005, SEC.166; P.L.131-2009, SEC.55; P.L.158-2013, SEC.318
I would love to connect if possible
Same thing happened to me. I was targeted by the county attorney, and all of the caseworkers in a CPS case in Colorado. I have so transcripts from the court appearance where the attorney spent 10 minutes attacked my character, lying about my bar status, and stating that after reviewing my TikTok page, she is certain I am suffering from mental illness related to substance abuse. This was all said in over court, and sent in emails to 7 CPS work, and three attorneys (including my clients court appointed attorney). They were arguing that my client should not be able to use me as her advocate bc they had “serious concerns” that I was taking advantage of the client.
I have wanted to file bar complaints and ADA complaints against them.
Any guidance would be greatly appreciated!!
100% inappropriate, unprofessional, and libel (in my lay opinion). 😉 If the BAR, alone, does nothing about it Id be incredibly disappointed.