Q: I reported granddaughter's dad for abuse to CPS and they gave him my name & now I can't see my granddaughter, can I sue?
My granddaughter told me her dad was molesting her. I reported it to c. P. S and my daughter did as well. See gave him call copies of the report and told him We were the ones who called in and now. He won't allow. Me to see my Granddaughter. CPS also did not follow Investigation protocols After they received. the report Of Sexual abuse Being done on my granddaughter. They did not interview her for almost 3 weeks and they did not have her. Go to a doctor.
And they told my daughter do not take her to a doctor or a therapist or counselor until after they did their interview. A C p s supervisor. By the name of. Is lauren Strickland Employed with Shasta County CPS told me they have to give The name Of the person who made report unless Reporting party requested to be anonymous. I have looked up all california's welfare and institution codes and penal codes And I know it is unlawful for them to tell who Called in report And they can only disclose Name if mandated reporter. Can I Sue??
A:
According to California law, Child Protective Services (CPS) is generally prohibited from disclosing the identity of individuals who report child abuse or neglect, unless given consent to do so (CA Penal Code § 11167.5). There are a few potential legal options to consider in your situation:
1. Report CPS to the California Department of Social Services and/or other relevant oversight agencies for improperly disclosing your identity to your granddaughter’s father without your consent. This violation of confidentiality requirements could warrant an investigation into CPS.
2. Speak to an attorney about the possibility of a civil lawsuit against CPS for negligence or infliction of emotional distress due to their improper disclosure leading to your loss of access to your granddaughter. The failure to properly investigate abuse allegations in line with protocol could also constitute grounds for a lawsuit under California law.
3. Seek a restraining order in California family court against the father to prevent retaliation and regain contact with your granddaughter. The improper actions of CPS could potentially support granting a restraining order.
4. Consult a family law attorney regarding grandparents' visitation rights in California. Under certain circumstances, you may be able to petition the court for reasonable visitation rights despite the father's objections.
Proper documentation and evidence will be critical to demonstrating a violation of confidentiality by CPS and resulting damages. Consulting with a qualified California attorney to understand your legal options is highly advisable. Key issues will be addressing CPS’s apparent breach of reporter confidentiality protections under CA state law.
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