What Is Considered a False CPS Report?

A false CPS report is when someone files a report that they know isn’t true. For example, your ex-spouse may say you were physically abusing your children to embarrass you or gain leverage during a custody dispute. Similarly, a grandparent may file a false report if they don’t like the way you raise your children, your religious beliefs, or political views.

Dealing with false CPS reports can be challenging. The court has an obligation to investigate allegations and protect children. While California Penal Code § 11172(a) protects people who make good faith reports, the same protection doesn’t extend to anyone who knowingly and deliberately files a false report. If this happens, the individual can be found civilly or criminally liable.

How to Disprove False Allegations in Family Court

With the help of a California dependency law firm, you can figure out how to stop false CPS reports. As a parent, you have a few rights and expectations during the proceedings.

• Burden of proof: While the burden of proof is lower in CPS cases, CPS is still required to marshal enough evidence to demonstrate that the allegations are genuinely true.
• Right to due process: You have a right to a fair trial and due process, just like anyone else who is charged in the judicial system.
• Confidentiality: CPS cases are confidential to protect the children involved, meaning other people can’t simply read about the case’s progress in the news.

Get a Lawyer

To figure out how to fight false allegations in juvenile court, you need the help of a skilled attorney. Your attorney can collect advice, interview witnesses, and determine the best way to progress with your case.

Ensure CPS Compliance

When you’re dealing with CPS false allegations, you probably don’t feel like complying with the investigation. Compliance is essential for disproving any allegations. However, your compliance doesn’t have to put you at risk.

For example, if a CPS investigator tries to enter your home without a warrant or court order, you have the right to say no. Unfortunately, this can make you appear non-compliant. Instead, you can say that it is an inconvenient time and ask to schedule a different appointment in the future. This request demonstrates your compliance to CPS while providing you time to prepare your home for a visit. If you are uncertain about what your rights are or the safest way to be in compliance, your juvenile dependency lawyer can help.

Collect Evidence

The right evidence and witness statements can help you disprove the allegations. For instance, you may use a video or medical report to show that a child was injured during a baseball game and not through parental abuse. Similarly, witnesses can be cross-examined to find inconsistencies and weaknesses in their statements.

Take Civil Action

If someone has deliberately filed false allegations with CPS, your first goal is resolving your case. Afterward, you can take legal action against them. If you are able to prove that they knowingly made false statements, you can pursue civil damages against the other party.

Learn How to Deal With False CPS Allegations

False allegations can lead to long-term reputational harm. Because CPS cases are kept confidential, there is no public record that clears your name. Instead, your friends, co-workers, and future employers only have your word that you were innocent. You need a dedicated lawyer on your side to counteract false allegations and prove that you are innocent of any wrongdoing.

You don’t have to go through a CPS investigation alone. To learn how to stop false CPS reports, reach out to our team of experienced juvenile dependency attorneys today.