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My ex-husband has custody of our child while I serve my country overseas. My child has been going to day care with bruises for weeks and the day care providers never reported it to me or any authorities. Now my boy has a broken hand that will cause permanant damage. Can I sue my child’s day care facility for not reporting the suspected abuse?

My ex-husband has custody of our child while I serve my country overseas. My child has been going to day care with bruises for weeks and the day care providers never reported it to me or any authorities. Now my boy has a broken hand that will cause permanant damage. Can I sue my child’s day care facility for not reporting the suspected abuse?

 

A: Not if the facility is in Florida, you can’t. Only the State of Florida can sue the day care facility in that situation because Florida courts have ruled that Florida law does not provide a private right of action for such injuries. Section 415.504 of Florida Statutes mandates that certain people and entities like day care providers, doctors and police report suspected child abuse or neglect. However, Florida courts say the law does not allow parents to sue, that only the State of Florida can.

The law is different in California where the law empowers parents with the right to sue in such situations. If you think Florida has it wrong on this topic like we do, please write to your state lawmaker and let your opinion be heard.

For more questions and concerns on this case, we have the experienced lawyers at Zimmet & Zimmet Law Firm.


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