I have a legal question for you…
Long story short…For the last 2 1/2 years I have been the full time (24/7) caregiver for a senior adult friend. FALSE allegations have been made to Department of Social Services Adult Protective Services against me…I will be meeting with an attorney tomorrow…yesterday, Mrs. D was removed from our house by her power of attorney at the recommendation of DSS…if he had not done it, they would have had her removed through legal means.
Can a subpoena be issued that would require the Department of Social Services to present the allegations made and by WHOM ??
I have a basic idea of the allegations made, but have not seen them in writing.
Please know I understand that some of you may reply and not be lawyers…some of you may be…I will be seeing one tomorrow…I just need to know today if I stand a chance at a Defamation of Character charge. I think I know who it is…but, I need proof.
Always, Michelle
Those of you who pray…I need your prayers…Those of you who can offer good thoughts or whatever…I need those too!!
This is the worst thing that I have ever had to deal with emotionally. I guess I have been blessed that that’s the case…but, I love this woman (she’s 92) with all my heart…and first of all to have someone think I would abuse her based on lies is hard enough…but, to have her removed from my care is about to kill me. At least I get to see her where they have placed her…they won’t allow me to care for her at all there though…they wouldn’t even let me wash her face.
IANAL, but as far as I know, a subpoena can force the revelation of any information that is not considered some sort of state secret or is not held under an immunity or explicit “witness protection” agreement.
The problem is that DSS will maintain that anonymity is on the nature of a “state secret” in that revealing any source under any circumstances would discourage people from reporting. You would need to make a case before the court that your situation is such that the court could conclude that your past behavior merits the sort of treatment you request.
Get a lot of references and character witnesses lined up.
You can subpoena a person to testify, and the info must be coughed up then, or you’re in comtempt, unless it’s for self incrimination, then you can be quiet.
Records leading to the info can be subpoenad.
IANAL
Others can be subpoenad and they must cough up info, and can’t keep quiet or they are in contempt.
Obviously I’m not a lawyer and am not offering any legal advice, but it concerns me when an anonymous complaint can be made and the identity of the accuser is withheld in order to protect informers. There is a clause guaranteeing the right to confront witnesses and cross examining them, isn’t there? It’s rather scary that government agencies can decide that the laws of the land don’t apply to them if they don’t like them.
In many states there are special statutes that protect the people making reports to DDS about child and elderly abuse. If that is the case you will have a hard time getting the information from DDS.
Here are a few of my concerns: The DDS inquiry is likely not a criminal trail. If things go against you, you will likely not have a crminal record and you will not face jail time. As a result, the gov. does not have to provide you with as much information about the case. They still, however, must prove that abuse occurred beyond a preponderance of the evidence. A preponderance of the evidence, however, is not that much and may not require that the “informant” testify before the administrative DDS judge.
If criminal charges are filed based on the DDS investigation following the anonymous tip, it is more likely that you will be able to get information on the informant because once the situation becomes criminal, you are afforded the protections of the state and federal constitution which will protect your right to face your accusers. However, if the prosecution can make the case that you are an abuser beyond a reasonable doubt, and such case can be made without use of the informant (for example, if the prosecution investigates any incidents and finds enough evidence, then use of the informant may not, in the prosecutor’s judgment, be necessary) then it is possible that you would never have the opportunity to face the informant. If that is the case, however, there will be other “evidence” to attack.
Good Luck.