Legal question about CPS?

[caspar99]

Ok let me give you a short back ground....my sister in law has three children. her first child is under the custody of his father. I had custody of her second child for over a year, until she was placed back in her mothers care cuz she went to some BS parenting classes. Anyways in that time frame she have birth to get third child and was investigated by cps before she was even allowed to leave the hospital. So last weekend cps came and took her two youngest away from her under allegations that she had shaken the baby who is only 2 months old. The MRI confirmed the accusation :-(
So....ok last night CPS showed up at MY door demanding to see my kids. I decided to just comply and of course we checked out just fine. Later that night I talked to my sister in law and she is under the impression that WE are the ones who reported her. She went on to say that "she decided to call cps on us because we had called on her and she had to get revenge".
So my question is...isnt making a false report illegal? And can I sue her for slander considering the cps caseworker talked to my neighbors and even my landlord...very embarrassing!

[hackett]

You can file a suit on anyone for anything. Your real question is will you win? And the answer to that is no unless she admitted in open court that she made the false report to embarrass/slander you . No she can not get in trouble for filing that false report unless she called 911 (Emergency) to file the false report.

[torin7]

CPS is obligated by law to investigate all reports of child abuse. Making false reports are illegal but proving it will likely be difficult. Reports to CPS agencies can, and often are made anonymously.

As to suing her for slander there are a couple of things to consider. First you have to prove she made the report that led to the investigation. Second you must have a "measure of damages" which means being able to prove a monetary loss caused by her taking your name in vain. Third, it sounds like she doesn't have a "pot to whiz in nor the window to throw it out of " so how are you going to collect any damages she is ordered to pay if, and when you win the case?

Back when my son was 3 he was diagnosed with cancer. His mother was "Indicated for Medical Neglect" by DCYF (Dept. of Children, Youth, and Families) for failing to follow the treatment plan among other things. But because the government likes to play "cover their ***" they also cited me for "other neglect" claiming I could have done more to get him to treatment.
DUH! His mother had actual, physical custody and every time I showed up to exercise my visitation rights she refused.

In the end I was cleared her neglect remained and I got full custody through an emergency ex parte' court order. My son is fine. He is now 16 and in the International Baccalaureate (IB) Program in high school in Florida.

I say ignore her and hopefully the state will put her away for child abuse.

Best of luck to you and enjoy your family and your life.