What can I do if someone has filed a false reportwith CPS regarding my child?

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What can I do if someone has filed a false reportwith CPS regarding my child?

A neighbor of mine has called CPS stating that I neglect my daughter. He did so because, at his wife’s request, 2 other neighbors and I called APS regarding the emotional abuse of his disabled wife. He has been heard by multiple people, including myself and my husband, stating that he had done it for that reason and even has gone so far as to ask our apartment manager if he would get in trouble for calling CPS on us since we called APS on him. Is there anything I can do to show this man that CPS is for children who are truly in danger and not to be used as a tool for personal vengeance and malicious intent?

Asked on September 14, 2011 under Personal Injury, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Because of the subject matter that the good people of Child Protective Services deals with - as you are well aware from what you have written here - there is an assumption from the beginning that the persons that filed the report or complaint did so honestly.  CPS has to investigate the report made for the good of all children who may not be as fortunate as your own.  So you need to make sure that you cross your "t's" and dot your "i's" here and follow through with having the case dismissed.  Now, once you do that seek help from an attorney about filing a civil suit against your neighbor for defamation and harassment and what ever else your attorney can think of. That will surely stop him from ever doing it again.  And get his wife out of there.   


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