Harriet Vane Posted October 29, 2016 Share Posted October 29, 2016 A friend of mine was forced to dismiss a family from her home daycare. This family violated their contract in numerous ways in terms of payment issues, late pickups (sometimes 2-3 hours late), and lack of notice for various things. Now the family is threatening to make a child abuse report. They have been sending ugly texts for more than a day. I am helping my friend draft a letter. We already sent the family in question a letter giving two weeks notice of end of care and listing the contract violations. Friend is really, really poor and will not get a lawyer. It's not in the realm of possibility. Just want to know the relevant law regarding false malicious accusations of child abuse in Illinois so friend can respond (briefly) to the threat. Quote Link to comment Share on other sites More sharing options...
Valley Girl Posted October 29, 2016 Share Posted October 29, 2016 How awful. I don't know anything about Illinois law (sorry), but if she's being threatened, can she go to the police? If she has texts, etc., and other documentation to show that the family is simply being vindictive, would strking first by going to law enforcement help protect her? 6 Quote Link to comment Share on other sites More sharing options...
maize Posted October 29, 2016 Share Posted October 29, 2016 Keep copies of all those texts for starters! 10 Quote Link to comment Share on other sites More sharing options...
fraidycat Posted October 29, 2016 Share Posted October 29, 2016 I'd tell her to call the police immediately. She needs to protect herself and her income. Abuse allegations, even when investigated and found to be false, can still damage her reputation. 10 Quote Link to comment Share on other sites More sharing options...
ErinE Posted October 29, 2016 Share Posted October 29, 2016 (edited) Not a lawyer, but if it were me, I would document all instances of late payments, late pickup, late notice, etc. Make sure the file is organized and detailed. She likely cannot prevent the person from reporting her to the authorities. Anyone can call the police or CPS. Since she's operating a business, she needs to be sure she's complying with laws associated with offering childcare out of her home. She really does need a lawyer if it ends up involving the authorities. Here's a link to finding pro bono help:http://www.illinoislawyerfinder.com/articles/legal-information/hiring-a-lawyer/legal-aid-free-legal-help-illinois Edited October 29, 2016 by ErinE 4 Quote Link to comment Share on other sites More sharing options...
Harriet Vane Posted October 29, 2016 Author Share Posted October 29, 2016 Friend is scrupulous about following all laws. She is DCFS certified and has been inspected and passed with flying colors. She also has lots of nice testimonial letters from happy clients, including such a letter from the threatening client. She is saving texts. I would like to quote the law about filing malicious reports in the letter. The letter will be brief but it needs to be stated. Quote Link to comment Share on other sites More sharing options...
bettyandbob Posted October 29, 2016 Share Posted October 29, 2016 Document, document, document Save all texts Save all records of person violating business contract Communicate with certified mail and other means documenting communication. Go to police now and ask what constitutes harassment. Ask for help reviewing documentation. And proceed from there. Do all this now. 7 Quote Link to comment Share on other sites More sharing options...
Ottakee Posted October 29, 2016 Share Posted October 29, 2016 She might also want to be pro active and call her licensing person and let them know about threatening texts (including copies if possible) . 8 Quote Link to comment Share on other sites More sharing options...
Pippen Posted October 29, 2016 Share Posted October 29, 2016 And back up the harassing text files. 2 Quote Link to comment Share on other sites More sharing options...
Farrar Posted October 29, 2016 Share Posted October 29, 2016 I have zero expertise, but I second the idea of going to the police now to ask how to proceed. I doubt they'll do much, but it just gets it on the record that she was worried about the harassment and that she's trying to get ahead of the abuse allegations - that she has zero to hide, that this is a dispute between two parties about a contract and not about child abuse. 5 Quote Link to comment Share on other sites More sharing options...
zoobie Posted October 29, 2016 Share Posted October 29, 2016 Threats = contact police. I'd go in person. I wouldn't initiate any other contact with them. Sometimes you just add fuel to the crazy fire. Depending on her area, there may be legal aid available for civil matters. Not sure if you mean she won't contact a lawyer because we are the devil ;) or too expensive. 5 Quote Link to comment Share on other sites More sharing options...
SproutMamaK Posted October 29, 2016 Share Posted October 29, 2016 I would contact the police to see what constitutes harassment in your area, and to get a paper trail going on the threats. I might also *consider* baiting a trap for reply, just to get actual confirmation in writing that they're making it up, because frankly they seem dim enough to fall for it. "Oh no, please don't report anything like that, I've never done ANYTHING to hurt your daughter! If I take her back in to my care, you wouldn't say that about me, right?" Then when they reply in the affirmative, she has an actual record of them saying "I will totally trust you with my daughter every day.... but I'll claim abuse if you don't give me what I want." I'm sure there are a million holes in that idea, but it's a thought. 2 Quote Link to comment Share on other sites More sharing options...
NorthwestMom Posted October 29, 2016 Share Posted October 29, 2016 (edited) A brief google search found this: http://dadsrights.com/wp-content/uploads/2011/03/False-Report-to-Department-of-Children-Family-Services-Be-Aware.pdf and http://www.missingkids.com/en_US/archive/documents/FalseReporting.pdf I think your friend should definitely take herself down to the police department with copies of the texts. A false report could ruin her business! That is very serious. She needs to proactively head this off. Edited October 29, 2016 by NorthwestMom 2 Quote Link to comment Share on other sites More sharing options...
Anne in CA Posted October 29, 2016 Share Posted October 29, 2016 This is so despicable I can't even say... But I know how it can happen. I had a neighbor with an in home daycare business that ended up giving up her business over a similar scenario. She loved the kids involved very much, probably more than their parents, and she let the parents get away with too much until she had to drop them as clients when her own child had health issues that she needed to deal with, and then they got ugly. Quote Link to comment Share on other sites More sharing options...
Harriet Vane Posted October 29, 2016 Author Share Posted October 29, 2016 This is so despicable I can't even say... But I know how it can happen. I had a neighbor with an in home daycare business that ended up giving up her business over a similar scenario. She loved the kids involved very much, probably more than their parents, and she let the parents get away with too much until she had to drop them as clients when her own child had health issues that she needed to deal with, and then they got ugly. Yes, it is truly despicable. And it's all too easy for lowlifes to do. 1 Quote Link to comment Share on other sites More sharing options...
klmama Posted October 29, 2016 Share Posted October 29, 2016 Curious - how does one back up phone texts? Quote Link to comment Share on other sites More sharing options...
Harriet Vane Posted October 29, 2016 Author Share Posted October 29, 2016 Curious - how does one back up phone texts? Screen shots. Quote Link to comment Share on other sites More sharing options...
gardenmom5 Posted October 29, 2016 Share Posted October 29, 2016 i hope she's saving all of the texts. keep copies of everything send letters via certified mail Quote Link to comment Share on other sites More sharing options...
ashfern Posted October 29, 2016 Share Posted October 29, 2016 Curious - how does one back up phone texts? You can email them to yourself. 1 Quote Link to comment Share on other sites More sharing options...
klmama Posted October 29, 2016 Share Posted October 29, 2016 You can email them to yourself. This I know how to do. Good. Screen shots. I am clueless. I'll have to ask my dc how to do that. Thanks for the info. It's good to know what I don't know. Quote Link to comment Share on other sites More sharing options...
RoughCollie Posted October 30, 2016 Share Posted October 30, 2016 (edited) 1. Call Legal Aid. Call Legal Aid and ask for help. Perhaps they will get involved, at least to the point of having a letter sent by an attorney to the client. I'd make that call first, because I wouldn't want to risk a police report ending in an investigation by the Illinois Department of Children and Family Services. 2. Going to the police. I would go to the police and take this with me. I would ask the police to visit the person and tell them they've seen the texts (which hopefully prove their intent to file a *false* report) and that a false report is a felony. Along with the texts, I'd bring the letter I'd sent to the clients to the police, too, along with a copy of the statute. (The reason I'd take the statute copy with me is that sometimes police have to be reminded that something is against the law when the individual officer considers it to be a minor problem and not worth messing with. That's been my experience a few times.) (325 ILCS 5/7.6) (from Ch. 23, par. 2057.6) Sec. 7.6. There shall be a single State-wide, toll-free telephone number established and maintained by the Department which all persons, whether or not mandated by law, may use to report suspected child abuse or neglect at any hour of the day or night, on any day of the week. Immediately upon receipt of such reports, the Department shall transmit the contents of the report, either orally or electronically, to the appropriate Child Protective Service Unit. Any other person may use the State-wide number to obtain assistance or information concerning the handling of child abuse and neglect cases. Wherever the Statewide number is posted, there shall also be posted the following notice: "Any person who knowingly transmits a false report to the Department commits the offense of disorderly conduct under subsection (a)(7) of Section 26-1 of the Criminal Code of 2012. A violation of this subsection is a Class 4 felony."(Source: P.A. 97-189, eff. 7-22-11; 97-1150, eff. 1-25-13.) http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1460 Edited October 30, 2016 by RoughCollie 4 Quote Link to comment Share on other sites More sharing options...
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