Legal Question in Family Law in California

I just found out that 11 years ago when CPS came to my house that they filed a report that there was abuse in my home. This came as a surprise to me as when the caseworker was at my home (1st & only time) he stated he didn't see any problems or any abuse & that we had nothing to worry about. He filed a report claiming abuse in our local CPS office. The local CPS office did not file this abuse report with the Dept. of Justice like they should have (they claim a oversight). By law, if they (CPS)would have filed it with the DOJ, they (CPS) would have had to notify me of this, along with my rights to appeal and have a hearing. CPS claims since they didn't file the report with DOJ, they didn't have to notify me, therefor I have no way to appeal it. Had I known of this report at the time it was filed, I would have fought it and appealed it from the start. CPS did tell me that they have no intentions of filing the abuse report now with the DOJ. They feel that they were justified in filing the abuse report at the time, and will not do anything in helping me to get this resolved. This doesn't seem right. How can they take my right to appeal this? I need help!


Asked on 4/29/10, 12:41 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

You're making a mountain out of a molehill. If CPS never filed charges, why are you so worried? You have no right to appeal from the fact that someone filed a report, that went nowhere. Social workers have immunity for their reports, and nothing came out of it, so why waste your time? 11 years ago is pretty long. If your children turn you in for abuse now, they will be good witnesses, and won't need some old report.

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Answered on 5/04/10, 12:59 pm


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