Legal Question in Criminal Law in Texas

I am wanting to sue CPS in Texas (Tarrant County)

And/OR any parties involved in my story

The father of my children was being falsely accused of injuring his ex-girlfriends daughter (not his child) and it took a false allegation phone call put in by the grandmother of the "victim" in my boyfriends criminal case before CPS was ever involved with my family of 3 young girls. I was first threatened and tried before HIS criminal judge pertaining a CPS family law case. The criminal judge (over my boyfriends case) made CPS orders in HIS courtroom. Isn't that illegal?! Why should my business be brought before HIS criminal judge and I am left to say nothing for myself! It took many months before being transferred into a family law case when my family hired an attorney to protect my children's rights. During my CPS battle I was being outright investigated pertaining to my boyfriends criminal case. None of what they put me through with questioning, classes etc was relevant to the false charges brought against me. We were told that if my mother and myself took chaperone's class my boyfriend could return into our home. Upon completion of ALL they wanted me to do he was still denied re-entry to our home. The woman who gave these "classes" which were more an interrogation session refused to file that we had complied. CPS was using their investigation as a side project in further prosecuting my boyfriend! His removal from our home over a year and a half ago (he has since gone missing) has brought great tragedy to my family. I have been through enough and it's time to put my foot down. My cps case is closed and I was told I may only obtain records through an attorney.

My question I guess is if I can sue CPS or the woman who made the false allegations to CPS in the first place........


Asked on 10/26/10, 3:46 pm

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

Yes, you can file a lawsuit against the person who makes a false report. However, section 261.106 (Texas Family Code) says that a person is immune from civil liability if he makes the CPS report "in good faith." The guy you sue will claim "good faith."

Get the records from the CPS through a Freedom of Information request.

Dealing with CPS is like dealing with the Nazi party.

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Answered on 11/01/10, 10:46 am


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