Posted on August 20, 2008 by Kevin Sheerin

Parent's action to dismiss complaint to Child Protective Services dismissed

 

J.H. v. County of Nassau

Plaintiff, J.H., brought about this action against the defendants, Jericho High School, Jericho Union Free School District, et al., claiming that their communications to Child Protective Services (CPS) were motivated by malice and revenge and were not in good faith. According to Plaintiff, he was about to file a complaint with the school Superintendent when the school reported him to CPS. Plaintiff’s son, M.H., was learning disabled and having an exceptionally hard time in his foreign language class and his father was trying to get a language exemption for M.H.

The school psychologist, Danielle Largotta, testified that on November 7, 2003, M.H. came to her office visibly upset and said that he had an argument with his father and did not want to go home because he feared a physical altercation. He was planning on running away to Florida. Also, Ms. Largotta stated that M.H. told her that two years prior, his father threw a baseball at his head, missed his head, and the baseball went through the wall.

The plaintiffs, in opposition, did not have any proof that the school was acting with malice or revenge when they contacted CPS. No physical evidence or facts exist to prove their claims and mere conclusions and speculation is not sufficient for a jury to infer malice.

Accordingly, the Supreme Court granted defendants motion and dismissed plaintiffs’ action.

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