How to Report Defamation of Character by a Texas Child Counselor

Texas provides procedures to sue for defamation of character.

Defamation of character is defined as negligent or malicious published words that are knowingly untrue about an individual. This is true in every state, including Texas, whose defamation laws mirror those in much of the country. If a Texas child counselor publishes statements which you know to be untrue about your parenting ability or actions, it should be reported to the Texas Department of Family and Protective Services (DFPS), Office of Consumer Affairs, which will act neutrally in reviewing any complaints filed against DFPS employees. If this fails, you may wish to consider suing for defamation.

Instructions

1. Contact the Texas Department of Family and Protective Services, Office of Consumer Affairs via telephone at 800-720-7777, and outline your complaint to the Consumer Affairs agent.

2. Fill out the Office of Consumer Affairs complaint form via the link on its website in English or Spanish, and click "Submit." A Consumer Affairs agent will respond directly to you, first with an acknowledgment of your complaint, and then to discuss your case in more detail.

3. Visit an attorney and bring suit against the child counselor within one year of the alleged defamation statement, as this is the statute of limitations for defamation of character suits, if you feel the Office of Consumer Affairs did not provide an adequate response.

4. Prepare a defense including the date and nature of publication of the alleged defamatory statement by the child counselor, your rebuttal to the statements' accuracy (including physical and witness proof to the contrary), and proof of "actual malice" or negligence in the alleged defamatory statements' publication. Compile evidence that you are a private figure, and that the Texas child counselor was negligent with the truth of his statement, and that said statement was published. The offending words need to be a published statement of negligent untrue defamation by the counselor in order for true "defamation of character" to have taken place.The plaintiff has the burden of proof in proving the defendant's negligence and/or actual malice in publishing the alleged defamatory statements.

References

• Citizen Media Law Project: Texas Defamation Law
• Texas Department of Family and Protective Services: Inquiries and Complaints

Resources

• Citizen Media Law Project: Defamation