Sacramento, CA asked in Family Law for California

Q: Who are some attorneys I can contact in Sacramento, CA regarding reporting or suing CPS for intentional misconduct?

Within the past year, my daughter who was 11 at the time, was accused of calling a suicide hotline. CPS came to our home and an investigation commenced. CPS went to my daughter's private school, without my knowledge to question her again, which is fine, but I would have rather the school not have knowledge of this since it was not my daughter that did this and she was wrongfully accused. The agent had zero proof to go off of, was terrible at communicating and would sometimes go days or even a week without reaching out to me with any updates. Only for us to provide my daughter's phone records to further prove that my daughter did not make the phone call. Obviously my phone calls with the agent can be pulled, as well as our texts. I feel that my daughter and I were not only wrongfully accused, but a little harassed as well, and that this was never handled well at all. I would like to know if this qualifies as a case that can be either brought to someone's attention, or to court.

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

A: In California, legal actions against Child Protective Services (CPS) for misconduct can be complex due to governmental immunity issues, but it is not impossible. The specific circumstances of your case, including the actions of the CPS agent and the impact on your family, will need to be carefully evaluated by an attorney to determine if there is a viable claim for intentional misconduct or violation of your rights.

It is important to document all interactions with CPS, including dates, times, and the nature of the communications. This documentation can be critical in building a case. You should also gather any evidence that supports your claim that the allegations were unfounded and that the investigation was conducted improperly.

To explore your legal options, consider contacting attorneys who have experience with CPS cases or civil rights law. In Sacramento, CA, firms that handle civil rights or family law may be able to assist you. They can provide advice on whether you have a viable case and guide you through the necessary legal steps. Remember, each case is unique, and an experienced attorney can offer the best advice after reviewing the details of your situation.

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