filing false cps reports

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Latest post 06-30-2011 10:53 PM by PrestonC. 8 replies.
  • 02-08-2011 3:17 PM

    filing false cps reports

    my ex wife's new husband's ex wife has filed several false cps reports about my son.

    the first cps report was that they neglect all the kids

    the second was that my son was hurting her son

    the third was that my son is molesting her son....

    this just happened. my son has never even been alone with him and is with me every other week.

    she is filing these cps reports to get back her ex.. but its affecting my son...

    what do i do ?

  • 02-08-2011 5:18 PM In reply to

    Re: filing false cps reports

    There's nothing you can do. The reports are not being filed against you. CPS is obligated to investigate - but eventually they will have enough evidence of her foolishness to be able to refute them without investigation.

  • 02-09-2011 7:26 AM In reply to

    Re: filing false cps reports

    Complaints to Chidren and Youth are not actionable ( first- they are anonymous; second- there is no action for filing a report).

  • 02-09-2011 8:35 AM In reply to

    • Drew
      Consumer
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    Re: filing false cps reports

    The system is designed to encourage reports of possible child abuse and as such makes the reporter anonymous and probably under a considerable degree of  immunity from any action---otherwise lots of folks would never report anything.

    You are correct--ones enemy could with some ease  pervert the system .  And in a sense even the slightest bruise or cut or indication of abuse might be seen by some as good enough to file a complaint with a straight face--and I suspect the law imposes no standard necessary to file a complaint.

    I suspect if Ms Jones files several complaints which lack merit the folks in CPS have a way addressing same so as to reduce wasting scarce resources.

    And since the systems requires anonymity how do you prove it was Ms Jones who was abusing the system so as to hurt you??

     

     



  • 02-09-2011 8:48 AM In reply to

    • Drew
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    • Joined on 03-30-2000
    • PA
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    Re: filing false cps reports

    Actually a false report may be actionable--so say others --and apparently  in NY  its a class A misdemeanor  to file a false child abuse report ( Sec 240.50 ) but no clue what options exist in TX  and you are in TX not NY.



  • 02-09-2011 8:56 AM In reply to

    Re: filing false cps reports

    As everyone has said, there is nothing you can do.  CPS is obligated to investigate to make sure these things are not happening. Wouldn't you want something investigated to make sure if it were your child? 

  • 02-09-2011 9:19 AM In reply to

    • Drew
      Consumer
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    • Joined on 03-30-2000
    • PA
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    Re: filing false cps reports

    Well that's not exactly what TX law says as to false reports of child abuse ---so if you are the victim of  false reports you might want to discuss it with counsel. Apparently a good % of abuse reports are flat out false

    Tx Code 261.107 seems to make somebody who files a false report of child abuse subject to prosecution for a jail felony (more if repeated convictions) plus civil penalties up to $1000 and possible award of reasonable attorney fees to the victim of the false reports.

    Other parts of that law address immunity  in the context of good faith reports.

    My guess is that the system leans to protect the reporter, in fact that is what law says must happen, if there is a shred of possible merit to the complaint  and  you will need to have a pile of complaints made where the reporter is clearly 100.00% false on several . My guess is reporter can pull off several complaints with extremely dubious basis .

    You are going to need skilled season TX counsel to help address when the reporter has gone far enough over the line in the sand--and keep in mind the local prosecutor gets to decide if to prosecute or not --and to get in middle of domestic mud toss may not be good use of scarce public resources.

     

     



  • 02-10-2011 10:58 AM In reply to

    Re: filing false cps reports

    i know proving malicious intent would be hard.. But what about the mental stress the child has to go through ? and the long term effects it has on all the children involved? wouldn't they be at fault if they the intent is proved ? I think that there is some liability on the accuser part.

  • 06-30-2011 10:53 PM In reply to

    • PrestonC
      Consumer
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    • AZ
    • Posts 1

    Re: filing false cps reports

    I am no lawyer but last time I talked with CPS(third and final time before they put the false reporter in court;4th time of false report is a fine of 5,000 dollars and jail time and a FELONY)

    It is federally funded. Which makes it a felony strike in all 50 states the first report can be a misdeamer in some states and a STATE level offense. When you report they have your billing information, and i believe calling from a pay phone does not work. And they insure you that the defendant of the case will never know who filed the report which is true. They keep tracks of all the records. And after the third hit and miss they called the man sicking CPS on us to inform him that he has no buisness calling CPS again against US. And if it continues they would press charges for abusing the system and false reporting at a FEDERAL level. It stopped but that won't keep them from doing welfare checks on you ever night. But if anyone reads this and has any info about being ran out of a home forced to move due to harrassment from sheriffs and local law enforcements on a daily bases, along side the CPS callings, i would be much obliged. Does it invovle filing false reports and pressing charges? any legal terms that will help me along in the court house lobby?

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