Legal Question in Family Law in Texas
CPS false reports
I am the victim of a stalker using CPS as a means to harass my family. I have a protective order, a no contact order and this person has found that there is no recourse for her actions if she uses CPS to harass me. I would like to know what my rights are as to having CPS repeatedly investigating my family? What I should and should not do in the course of interviews/ investigations? Can i get an injunction filed against CPS or a hearing to put these false allegations out or do I have to be a victim and creep through the whole process at a snails pace every single time this person makes false reports until she is picked up and thrown in jail? I am scared I am going to get a rabid caseworker that is going to not review the case history of bogus reports made and thrown out and take my children from me.
2 Answers from Attorneys
Re: CPS false reports
You are right to be concerned. CPS, however, is currently in a box. They are obligated by law to investigate complaints -- if they don't, and one turns out to be legit, then they will be held liable for the negligence. You are a victim in this, and you will probably be again, as the only avenue I know of is to retain an attorney and ask the court to instill some safeguards for you in this situation. Good luck.
Re: CPS false reports
I think CPS may have some internal safeguards against repeat false accusations. Try talking to a CPS supervisor.
Also, you're right to worry that a new caseworker may not know anything that has happened before. It's a good idea to always have your own copies of all the paperwork on all the previously investigations to show the neebies.
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