Legal Question in Family Law in California
will inconclusive child abuse report be prosecuted?
an overzealous teacher filed a police/cps report after my child said one of his parents had struck him on the chin with a closed fist. the event in question was a gross exaggeration of what was a gentle tap; the child is autistic/aspergers (formally diagnosed and documented) and does not understand or interpret touch correctly. CPS closed the case unfounded, police closed it inconclusive - there were no marks on the child yet the cop did not understand autism. after speaking with the lead detective, i am petitioning to have the police report reclassified as unfounded/unsubstantiated.
question: with the police report as either inconclusive or unsubstantiated, is there a chance i might be procecuted by the state? what could i expect to happen at this point?
thank you for any advice, help, etc-
1 Answer from Attorneys
Re: will inconclusive child abuse report be prosecuted?
You can ask the police if it was referred to the prosecutor's office, and follow up from there. If you believe that charges may be filed now or in the future, you should consult with a criminal law attorney with experience in this area. S/he can advise you on how to protect yourself. Re your child's teacher: He or she was performing his/her legal duty to make a report based on what your child told him/her. The purpose of the report is to trigger, if warrented, an investigation. This is hardly overzealous. The report is mandated by law.
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