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  1. #1
    Join Date
    Aug 2018
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    15

    Default False Complaints Made to CPS

    My question involves child abuse or neglect in the State of: Washington

    False statements have been given to CPS and I believe that they were made in order to gain an advantage in custody.

    All CPS investigations have been unfounded but I am still concerned about the lengths that this person has gone through in order to destroy my relationship with the child and try to discredit me.

    I have copies of all of the cps reports and evidence that shows this person has created stories about me and asked people to call CPS making it appear as if they were desperate for help and trying to be a good parent. Thankfully many of the claims were easy to disprove. The child wasnt malnourished or abused and hospital records prove that other claims were completely fabricated. I don’t want to get into too many details since this custody matter is ongoing..

    Is there anything that I can do to to make this person accountable for their lies? Will this help me in a custody case if I can show that they lied to CPS and police about me?

    I am fearful that they will continue to this behavior. I have a protection order but again, I’m afraid it won’t stop them making more false reports. Thanks

  2. #2
    Join Date
    Dec 2007
    Posts
    273

    Default Re: False Complaints Made to CPS

    This is not uncommon and a way to deny a parent vistation.

    Do you have an attorney? If not, why not?

  3. #3
    Join Date
    Sep 2005
    Location
    California
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    20,594

    Default Re: False Complaints Made to CPS

    It is very likely that the claims, and subsequent investigations that determined the claims to be either unsubstantiated or unfounded (the latter being better), could stand on their own merit to show that the allegations are not to be believed.

    It can be exceedingly difficult to pursue criminal or civil action against someone for reporting allegations of abuse or neglect to the proper authorities. The state has a vested interest in NOT potentially discouraging people from making reports if they think that a claim resulting in something other than "substantiated" might be subject to court action. To get any resolution in a criminal or civil court might very well require an admission by the complaining party that they made everything up. Being wrong, or even mistaken, is not generally actionable, and that's if it can be objectively shown that the alleged events did not occur at all. There is also a difference between an event not occurring (unfounded) and not being able to be shown to have occurred (unsubstantiated).

    As suggested, this will be best dealt with through the use of an attorney. If the other party HAS an attorney and you do not, then you could lose even if the facts are on your side because you may lack the capability to present your case properly.

  4. #4
    Join Date
    Aug 2018
    Posts
    15

    Default Re: False Complaints Made to CPS

    Quote Quoting OKisNotOK
    View Post
    This is not uncommon and a way to deny a parent vistation.

    Do you have an attorney? If not, why not?
    How?

    Yes I have one now

    Quote Quoting cdwjava
    View Post
    It is very likely that the claims, and subsequent investigations that determined the claims to be either unsubstantiated or unfounded (the latter being better), could stand on their own merit to show that the allegations are not to be believed.


    It can be exceedingly difficult to pursue criminal or civil action against someone for reporting allegations of abuse or neglect to the proper authorities. The state has a vested interest in NOT potentially discouraging people from making reports if they think that a claim resulting in something other than "substantiated" might be subject to court action. To get any resolution in a criminal or civil court might very well require an admission by the complaining party that they made everything up. Being wrong, or even mistaken, is not generally actionable, and that's if it can be objectively shown that the alleged events did not occur at all. There is also a difference between an event not occurring (unfounded) and not being able to be shown to have occurred (unsubstantiated).

    As suggested, this will be best dealt with through the use of an attorney. If the other party HAS an attorney and you do not, then you could lose even if the facts are on your side because you may lack the capability to present your case properly.
    The claims were all unfounded

  5. #5
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: False Complaints Made to CPS

    Was "unfounded" the official designation on the CPS report? Or, just the term you are using?

    As I mentioned, even if unfounded, that does not equate to liability for civil or criminal purposes. If you hope to pursue the reporting party civilly for making false reports, you'll need money and an attorney. If you think you have a case for making a criminal case for false reporting to the police, you can contact the police agency the report was made to and see if they are interested in looking into it. I'm going to wager that a criminal case is highly unlikely. A civil case might be possible, but the details will matter.

  6. #6
    Join Date
    Aug 2018
    Posts
    15

    Default Re: False Complaints Made to CPS

    The CPS report concluded that the accusations were unfounded on all three reports.

    I am not interested in pursuing criminal charges. However, i do not trust a parent who willingly makes false reporrs to CPS and the police. I believe a person like that is dangerous and capable of doing much more harm. Not only are there false reports but this parent has endangered the child on many occasions all of which I reported and removed ourselves from the home.

    The parent has proven by their actions that they do not care for the family or children through repeated neglect, abandonment, drug and alcohol abuse, sexual assault and physical abuse. Now that I am taking action to protect us, the parent is suddenly claiming theyre a victim and should be allowed to have the child full time

  7. #7
    Join Date
    Dec 2013
    Posts
    835

    Default Re: False Complaints Made to CPS

    So is CPS investigating your allegations against the other parent?

  8. #8
    Join Date
    Aug 2018
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    15

    Default Re: False Complaints Made to CPS

    Quote Quoting readytoleave
    View Post
    So is CPS investigating your allegations against the other parent?
    No. I reported his abuse but because I left and therefore the child and I are safe, they are not going to investigate. Cps told me that I’d i reported and then stayed with him, I would be at fault too.

  9. #9
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: False Complaints Made to CPS

    Quote Quoting Pnw085
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    No. I reported his abuse but because I left and therefore the child and I are safe, they are not going to investigate. Cps told me that I’d i reported and then stayed with him, I would be at fault too.
    So, that means the child has been away from this person for some time and the allegations against him are old?

    If there are allegations of sexual and physical abuse against the child, they would certainly investigate! If they won't, then try the police (who would likely have to have been called by CPS for a criminal allegation anyway).

    Or, is the physical and sexual abuse against YOU? In that case, the same applies.

  10. #10
    Join Date
    Aug 2018
    Posts
    15

    Default Re: False Complaints Made to CPS

    Quote Quoting cdwjava
    View Post
    So, that means the child has been away from this person for some time and the allegations against him are old?

    If there are allegations of sexual and physical abuse against the child, they would certainly investigate! If they won't, then try the police (who would likely have to have been called by CPS for a criminal allegation anyway).

    Or, is the physical and sexual abuse against YOU? In that case, the same applies.

    No, I reported the day we left. Cps said that becaus we were no longer with this person that they were not going to investigate because the child was now safe.

    Didnt sexually abuse the child. He sexually assaulted me which I also reported but my spouse denied it. The police investigation say they believe that he sexually assaulted me and was guilty of child neglect but they didn’t have enough evidence to go to trial.

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