Spartanburg, SC asked in Criminal Law, Civil Rights, Domestic Violence and Family Law for South Carolina

Q: An ex of my husbands made a false CPS claim

When CPS arrived to my home they opened up the folder I saw the persons name twice who reported and the report

1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: If you believe a false CPS (Child Protective Services) claim was made against you, there are steps you can take to address the situation. First, cooperate fully with the CPS investigation. It's important to demonstrate your willingness to ensure the safety and well-being of your children, which is the primary concern of CPS.

You can also document your interactions with CPS and gather any evidence that supports your position that the claim is false. This might include witness statements, records, or other relevant information.

After the investigation, if you feel that the claim was maliciously false, you can consider legal action against the person who made the report. In South Carolina, making a false report to CPS can be considered a criminal offense and may also open the door to a civil lawsuit for defamation.

However, keep in mind that CPS reports are confidential and there are legal protections for reporters to encourage the reporting of potential child abuse or neglect. Legal action based on a false report can be complex and challenging.

Consulting with an attorney can provide you with specific advice on how to proceed. An attorney can help you understand your rights, the legal implications of the CPS report, and the potential for taking action against the person who filed the report.

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