What You Need to Know About False CPS Reports in California
Some cases of child abuse and neglect are falsely reported, which may lead to penalties. Here’s everything you need to know about false CPS reports in California.
California law punishes those who falsely report child abuse or neglect. Any person who makes a report of child abuse or neglect known to be false is liable for any damages caused.
Important Information to Know About Child Protective Services
The Child Protection Services (CPS) is a system of intervention for child abuse and neglect in California. The goal of CPS is to keep the child in their own home when it is safe to do so, and when the child is at risk, to assist them quickly.
When a referral to CPS is received, the social service staff obtain facts from the person reporting the case to determine if the referral alleges abuse, neglect, or exploitation. If a report indicated the need for the protection of a child, the CPS will accept the case and intervene, if necessary. In some cases, the CPS will apply Family Preservation and Support Services for families. The CPS works to find and clarify alleged problems, as well as gather important information and facts. Based on such, they plan and provide the required services, as well as document the case.
Related: California CPS Investigation Process
Services are provided to children and families when the children are victims or at risk of abuse, neglect, or exploitation. California law defines child abuse as the following:
- The child is physically injured by other than accidental means,
- The child is subjected to willful cruelty or unjustifiable punishment,
- The child is abused or exploited sexually, or
- The child is neglected by a parent or caretaker who fails to provide adequate food, clothing, shelter, medical care, or supervision
Mandated Reporters
The Child Abuse and Neglect Reporting Act (CANRA) requires certain professionals, known as mandated reporters, to report known or suspected instances of child abuse or neglect to law enforcement or social service agencies. Mandated reporters include:
- teachers
- instructional aides or assistants
- classified employees of any public school
- administrators or employees of organizations whose duties require direct contact and supervision of children
- licensees
- administrators
- employees of licensed community care or child day care facility
Related: Child Protective Services (CPS) Laws in California
What is a False CPS Report?
People who report child abuse or neglect in bad faith may be liable to punishment. The law provides civil and/or criminal liability for knowingly filing a false report. The one doing the reporting must have “willingly” or “intentionally” made a false report of child abuse or neglect to CPS. This means that the one doing the reporting either knew the report was false or at least knew that it was likely that the report was false.
Punishment for a False CPS Report
Any person who makes a report of child abuse or neglect known to be false or likely to be false is liable for any damages caused.
What Happens If I Am Falsely Accused of Child Abuse or Neglect?
If someone has been falsely accused of child abuse or neglect, the false reporter is liable for damages caused. In a divorce proceeding, a court may even order supervised visitation or limit a parent’s custody or visitation if the court finds substantial evidence that the parent made a false report of child sexual abuse. In addition, one may be able to sue for false accusations of child neglect.
Related: Can You Sue for False Allegations of Child Neglect
Contact Us
If you or a loved one have any more questions about false CPS reports in California, contact us. Get your free consultation with one of our experienced Family Law Attorneys today!