Mammoth Lakes, CA asked in Criminal Law, Personal Injury, Constitutional Law and Libel & Slander for California

Q: I reported a friend for child endangerment to CPS for flipping a golf cart with her child while drunk.

CPS gave the report to local PD where they went to the home for the report. The person asked PD who reported her and he told her my first and last name and my daughter's troop for girl scouts as I am a mandated reporter to help girl scouts. This person then called CPS and made a retaliation claim in child abuse, prepped her daughter and told her to say I hurt her and my daughter. I know this because she told a friend who called me immediately. I spoke to the father and he asked his daughter and she said yes mommy told me. He apologized, but now I am being investigated for child abuse. The mother had went to jail that night for domestic violence. I spoke with PD and they apologized that this officer made a mistake and he notified his supervisor right away after realizing. What are my rights? For CPS and retaliation claim and local PD for violating my rights as a reporter?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Under California law, as a mandated reporter, your identity should have been kept confidential. The police officer's disclosure of your identity to the person you reported was a violation of your rights. You have the right to file a complaint with the police department's internal affairs division regarding this breach of confidentiality.

Regarding the retaliation claim, you should immediately inform CPS about the retaliatory nature of the abuse report against you. Provide them with any evidence you have, including the statement from the father and the information from your friend who alerted you to the false claim. This will help CPS understand the context and nature of the accusation.

Additionally, consider seeking legal counsel to protect your rights and guide you through this situation. An attorney can help you navigate the complexities of both the CPS investigation and any potential legal actions against the police department. Ensuring your rights are upheld and addressing the false allegations promptly is crucial.

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