Question about Child protective services

[justlooking194]

What is the name of your state? I am in Texas

Back in February my brother freaked out and hit my husband in front of my son, he then proceeded to black my eye and punch me in the back of the head while I was holding my then 9 month old daughter (I was walking away to get to my car and leave) Him and his friends then spent 2 days calling me and harrasing me to the point that I had to have the police call them and tell the to stop and I changed my phone numbers. Now this week CPS (child protective services) shows up at my door telling us that someone filed a complaint about child neglect. I contacted my mom who confirmed that it was my brother or one of his friends that made the call.

First of all the call was a complete fabricated story. Can my brother be prosecuted for this?

The case worker has not returned any of my calls (I was at a job interview while she was here) and she took a picture of a small bruise that was supposedly on my sons back (I don't see one but what ever). We have a clean house, food in the fridge and 2 very well adjusted children but I am scared to death that they will try and take my kids. I see news reports all the time of someone with CPS fabricating stories to get someones kids taken from them and I just do not trust the legal system at all.

Does anyone know what I should/Could do in a case like this?

 

[ablessin]

CPS will have to do an investigation.
They probably will contact school, see if the kids show up with bruises at school, etc.

They may want access to your pediatrician records..... GIVE IT TO THEM.... sign the consent form.... so long as you have nothing to hide - give them access to everything that they need - this looks favorable on you and shows them that you are on the up and up.

Once they complete their investigation, you'll get a written report from CPS saying that the charges were not founded, and have been dropped.

At that point, you could consider filing slander charges against your brother. You'll have proof that the CPS case was closed

Good luck

 

[casa]

CPS will have to do an investigation.
They probably will contact school, see if the kids show up with bruises at school, etc.

They may want access to your pediatrician records..... GIVE IT TO THEM.... sign the consent form.... so long as you have nothing to hide - give them access to everything that they need - this looks favorable on you and shows them that you are on the up and up.

Once they complete their investigation, you'll get a written report from CPS saying that the charges were not founded, and have been dropped.

At that point, you could consider filing slander charges against your brother. You'll have proof that the CPS case was closed

Good luck

The problem with that is most CPS cases are not released and if they are subpoena, the person who reported is not named. If the person who reported IS named, they are still immune to prosecution if they genuinely believed there was possible abuse. It's very difficult to prove false reporting to CPS. Some states have de-criminalized false reporting as well, to ensure people are not hesitant to report...although I'm not sure if TX is one of them.

 

[casa]

What is the name of your state? I am in Texas

Back in February my brother freaked out and hit my husband in front of my son, he then proceeded to black my eye and punch me in the back of the head while I was holding my then 9 month old daughter (I was walking away to get to my car and leave) Him and his friends then spent 2 days calling me and harrasing me to the point that I had to have the police call them and tell the to stop and I changed my phone numbers. Now this week CPS (child protective services) shows up at my door telling us that someone filed a complaint about child neglect. I contacted my mom who confirmed that it was my brother or one of his friends that made the call.

First of all the call was a complete fabricated story. Can my brother be prosecuted for this?

The case worker has not returned any of my calls (I was at a job interview while she was here) and she took a picture of a small bruise that was supposedly on my sons back (I don't see one but what ever). We have a clean house, food in the fridge and 2 very well adjusted children but I am scared to death that they will try and take my kids. I see news reports all the time of someone with CPS fabricating stories to get someones kids taken from them and I just do not trust the legal system at all.

Does anyone know what I should/Could do in a case like this?

I've been fighting this battle in CA for some years~ Good Luck.

The best advice I can give is COOPERATE FULLY! Give them any records they request, allow them to come in and view your house and speak with your children. Provide them with collateral contacts of police, teachers, Dr.s so they can document your children are being taken care of &/or any record of harassment or violence on the part of the other parent.

 

[ablessin]

I can see that for mandated reporters, but it sounds like her brother was just looking to cause pain and embarrassment, and that the case really is not warrented.
I will tell you this, though - should he ever report a case again to CPS, after this one goes South, he is not going to be very credible........ it's the boy who cried "wolf".

Still, cooperate with them, if you do - they will probbaly view you much better and it will help move the investigation along quickly.

I know how scary it is, and how upset you are, but whatever you do, DON't let your kids see how this is affecting you!!!!!! I mean, as much as possible.... you've nothing to hide, it will come out in the long run!

 

[kat1963]

I disagree. If you are afraid then you have heard just how screwed up the system is & just how easily it is to have your child(ren) removed by the system...especially if they are under 5 years of age.
I recommend reading up on your rights because if you don't learn what they are, CPS isn't going to tell you.
http://reliableanswers.com/cps/legal/handbook.asp
If evidence can be found (a lawyer or the police can obtain the phone records from their house) he could very well be arrested for filling a false report & also sued by you in civil court. Don't let this *immunity* *confidential* thing throw you, it CAN be done. I've SEEN it done even the false report was called in to the 800 child abuse line. I've seen judges order CPS records to be opened. Courts are no longer allowing this b.s. to go on...the easy days of getting back at someone by calling CPS are over.
Good luck to you!
KAT