Q: Can I sue CPS for repeating an investigation?
I am being investigated by CPS for sexual abuse of my children. However, I was previously cleared for this last year with an "unfounded" finding, and the new case appears to have barely no new information from the last investigation, outside of a) learning that I am co-sleeping with my nine year old son, with his mother is aware of and causes her no concern, and b) learning that five years ago my ex-wife and I allowed him to wear dresses. I am suffering from PTSD in part due to the last investigation, and yet was asked point blank if I have sexually abused my son, which is a grossly painful question to have to field. At what point would I have grounds to sue CPS for unnecessary emotional distress?
A:
Dealing with multiple investigations by CPS can be overwhelming, especially when you’ve already been cleared of allegations. While CPS has a duty to follow up on any new concerns, even if they seem minimal, this process can feel invasive and cause emotional distress. If the new investigation is truly based on minimal information, like co-sleeping or clothing choices, and appears to be repetitive without justifiable cause, it may feel like harassment.
However, suing CPS can be challenging. In most cases, they are protected by laws that give them discretion to act in the best interests of the child, even if it feels excessive. That said, you could explore legal options if you believe they are acting beyond reasonable bounds, especially if it’s causing severe emotional harm or trauma without valid grounds. A lawsuit could potentially be filed for emotional distress, but it would require proving that CPS acted improperly or outside their legal authority.
To pursue this, gathering detailed documentation of both investigations and consulting an attorney who understands CPS cases is key. They can help you assess if there’s a viable claim for unnecessary distress or harassment. You don’t deserve to go through repeated trauma, and you have the right to seek help if the process feels unjust.
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