Legal Question in Family Law in California
Child Protective Services
If I have called Child Protective Services annonymously about a nieghbor who I had sufficent reason to believe was endangering the health of a child, and that nieghbor finds out I did it, can legal action be taken against me?
CPS did indeed come out, only to determine that because my nieghbor had food, water and a roof over their heads...(ir-regardless of living in filth, having had thier electicity turned off during 100+ degree weather, running thier fridge off of a car battery in the back yard, and reportedly from another nieghbor who lives on the other side of them, their septic tank is full and over-flowing so they drain their bath water onto a dirt driveway through a drain pipe in the wall), that all is well in the household! Meanwhile, this nieghbor claims to have been told by CPS that I called them! So again, if I felt justified in calling CPS, even if CPS didn't find anything wrong, can these people take seek some kind of legal retrobution against me?
2 Answers from Attorneys
Re: Child Protective Services
Your neighbor is probably attempting to trick you into admitting that you called CPS. CPS doesnot reveal who called in the complaint. It would be difficult to get a court order allowing this information to be provided. Ignor the neighbor, unless the conduct becomes abusive or threatening. A call to the local health department reporting the setpic tank condition may result in action being taken to clean up the mess.
Re: Child Protective Services
Generally speaking, if the call to CPS was made in good faith, I don't see that your neighbor would have a valid legal claim against you. You might be exposed to legal liability and lawsuits if the call was made in BAD faith, in other words, merely as a way to intimidate and harass. If you were honestly concerned about filth, danger, etc., then you have a legitimate reason to make the call.
Sincerely,
Sergio Benavides
www.benavideslawfirm.com
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