Unfortunately, false CPS reports are filed every day. In fact, the majority of reports taken by the Department of Human Services are not supported. False reports are filed by friends, family members, educators, and even acquaintances who might make snap judgments or misinterpret a situation. In some cases, individuals do it out of anger or spite. This is most commonly the case with in-laws and ex-spouses. If you are facing a false CPS report, you have options.
Department of Human Services Investigation
Depending on the complaint, the Department of Human Services (DHS) may choose to investigate whether it has any truth or not. Generally, caseworkers do their best to ensure that the allegations are unfounded if there appears to be no basis for them. Unfortunately, there is always the chance that false claims may gain traction with caseworkers as well.
If a caseworker does arrive at your home, it is important to remain calm and polite when you ask why you are being investigated. It is also important to call your attorney right away, especially before you answer any questions. You can even have your attorney on speaker phone during the conversation with the caseworker. Your caseworker may have the right to inspect the home and speak with the child or children in question.
Depending on your state, you may be able to take legal action against those who knowingly make false claims against you. Some states have made making false allegations, especially in the hopes of obtaining custody of a child, a crime. In other cases, civil action may be taken. It is important to talk to your lawyer about your legal options, or whether you can press charges.
It is always a good idea to resolve any disputes with ex-spouses amicably. This prevents an individual in the family from making false allegations as a means of obtaining custody of the children involved. It is also wise to get in touch with friends and family members who would testify on your behalf in court. You absolutely cannot be passive when allegations arise, but you also cannot let your anger take control.