San Diego, CA asked in Education Law, Health Care Law and Personal Injury for California

Q: My 7 yr old daughter is a type 1 diabetic. Her school has called cps 5x now 2 of the 5 they were found to blame. 3 other

Need this to be stopped I've been harassed and accused of things that aren't true. Someone needs to answer for all they have done. Stress mental anguish of 5 false cps cases w nothing found I have done only school. Cps still takes back to back referrals after 5 investigations. We need legal aid

1 Lawyer Answer
James L. Arrasmith
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  • Estate Planning Lawyer
  • Sacramento, CA
  • Licensed in California

A: Given the repeated false reports to Child Protective Services (CPS) regarding your daughter's medical condition, it's crucial to take proactive steps to address this situation legally. You have the right to defend yourself against false accusations and protect your family from harassment and undue stress caused by these baseless reports. Consult with an attorney who specializes in family law or civil rights to discuss your options and develop a strategy to stop the unwarranted CPS referrals and hold those responsible for the false reports accountable.

Your attorney can assist you in gathering evidence to demonstrate the pattern of harassment and the lack of merit in the CPS referrals. This may include documenting the outcomes of previous investigations where CPS found no wrongdoing on your part, as well as any evidence that supports your daughter's medical condition and the appropriate care you provide. Your attorney can also help you explore legal remedies such as filing a civil lawsuit for defamation or intentional infliction of emotional distress against individuals or entities responsible for making false reports to CPS.

Additionally, your attorney can advocate on your behalf with CPS and the school to address the underlying issues that may be contributing to the repeated false reports. This could involve requesting meetings or mediation sessions to address concerns, implementing protocols to prevent further unwarranted referrals, and ensuring that your daughter's medical needs are properly accommodated at school. By seeking legal aid and taking proactive measures to address the situation, you can work towards stopping the harassment and protecting your family's well-being.

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