Results 1 to 2 of 2
  1. #1

    Default Giving CPS False Information

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

    Bottom line, the local elementary school gave false information to the local CPS about myself and my daughter. I've proven to the CPS worker that he was lied to, but no action was taken against the false information and even though I've proven my innocence to CPS, the case has yet to be dropped. I need to know what the penalty is for supplying false information to CPS. I also need to know if I have the right, under law, to confront my accuser in court or at a hearing. As well, if the accuser has documented proof that the charges are unfounded, can they legally withhold that information from CPS just to keep their accusations strong? If that is punishable by law, what is the charge? I read somewhere that giving false information to the CPS is a class 3 misdemeanor. True or false? I know I've skimmed through all the solid details, but if someone could toss out a few facts for me, i'd be grateful.

  2. #2

    Default Re: Giving CPS False Information

    Before you get ahead of the question, let's establish "false". Are you saying that the school completely fabricated some incident(s) that never happened?

    Or are you saying that your view of events differs dramatically from what was reported to CPS? You say that you've "proven innocense" to CPS, but obviously CPS isn't seeing it that way since they're continuing to pursue the case. Given their mandate in regard to children, both the school and CPS have an obligation to the child to look at any investigation with a harsh eye, looking for the worst. As the one being investigated, you obviously will be looking for a most lenient view (completely understandible, though not in line with the actual eye that will be viewing the case). Remember that lots of things that you might think "prove" innocence really don't (exaggerations, excuses, accidents, or misunderstandings, for example, might impact findings, but don't mitigate circumstances being investigated).

    If school officials are telling outright blatant lies with ZERO foundation, you'll want to be looking for an attorney ASAP to protect your interests and refute any statements given those reporting abuse or recommendations made by CPS to the courts that could adversely impact the parent/child relationship or custody of the child. If it's a situation where CPS is calling the glass half full and you're calling it half empty, that'll be a tougher row to hoe, and an attorney is STILL a good idea. Without knowing who alledged what and specifics related to the investigation, helpful guidance is impossible to provide. Your attorney will know how to get copies of relevent statements being evaluated in the case to get a clear view of details that can be challenged.

    In most states, mandated reporters enjoy the benefit of legal protections if they are reporting suspected abuse or neglect in good faith. Knowlingly and fraudulently making such a report could have legal consequences for the individuals filing the report, but it would require an extreme burden of proof, and very very few such cases are pursued because doing so tends to make other people less likely to report ACTUAL abuse (especially if the reporter is some neutral third party with nothing obvious to gain in taking such action).

    1. Sponsored Links
       

Similar Threads

  1. Obstruction of Justice: Giving an Officer False Information
    By foot in forum Criminal Charges
    Replies: 5
    Last Post: 01-23-2011, 11:18 AM
  2. Obstruction of Justice: Giving False Information About Restraining Order to Police
    By lanierlake in forum Criminal Charges
    Replies: 7
    Last Post: 12-19-2010, 12:18 PM
  3. Forgery: Forgery Charge for Giving False Information to a Police Officer
    By lazzycazz in forum Criminal Charges
    Replies: 2
    Last Post: 11-09-2009, 07:04 PM
  4. Obstruction of Justice: I Get Arrested for Giving False Information
    By LT1LE in forum Criminal Charges
    Replies: 2
    Last Post: 10-26-2009, 09:36 PM
  5. Obstruction of Justice: Giving False Information to an Officer
    By LucidSid in forum Criminal Charges
    Replies: 5
    Last Post: 10-14-2009, 02:22 AM
 
 
Sponsored Links

Legal Help, Information and Resources