How can I address false allegations and ongoing CPS investigation in California?

Question

I am a mother of a child with autism, ADHD, OCD, and echolalia, who sometimes says things for attention or humor, which led her teacher to misunderstand and report false allegations about us. My daughter mentioned incorrect details about our living situation and eating habits to her teacher, who then reported us to CPS, suggesting neglect and abuse. Though the investigation a month and a half ago found nothing, it's still open, causing immense stress. This situation compelled us to move to a bigger space, and the pressure to meet CPS expectations resulted in emotional trauma, including the loss of a pregnancy. We are emotionally distressed, and my daughter's confusion about simple choices like eating has escalated due to fear induced by incorrect statements by her school. How can I address these false allegations and the ongoing investigation effectively?

James L. Arrasmith · Answer

You're facing an incredibly difficult situation with these false allegations, especially given your child's unique communication challenges. Documentation is your strongest ally right now - keep detailed records of all interactions with CPS, school officials, and your child's healthcare providers. These records should include dates, times, names, and comprehensive notes about what was discussed, as this documentation can help demonstrate patterns and inconsistencies in the allegations. 
 
Consider requesting a meeting with your child's treatment team to develop a formal explanation of how your child's autism, ADHD, OCD, and echolalia affect their communication and may lead to misunderstandings. Having medical professionals document that your child's statements may not always reflect reality due to their conditions provides crucial context for investigators. Additionally, you might benefit from having an advocate present during any future CPS interviews or meetings to help ensure your rights are protected and your child's communication challenges are properly explained. 
 
Legal representation is often essential in these situations, as attorneys with experience in dependency law can help navigate the complex CPS system and potentially expedite the closure of your case. The emotional toll this investigation has taken on your family is significant, and you deserve support through this process. Consider connecting with parent support groups for families facing similar challenges, as they can provide both emotional support and practical advice based on lived experience. Remember that California law provides various protections for parents under investigation, including the right to be informed about the allegations against you and the right to challenge evidence presented in your case.

Q: How can I address false allegations and ongoing CPS investigation in California?