Legal Question in Family Law in Texas

Can I sue CPS or the person who made the alligation against us that turned out to be false for defamation of character & emotional distress since my kids were taken away?


Asked on 9/21/10, 7:41 am

1 Answer from Attorneys
Tanja Martini The Martini Law Firm, PC

Without knowing more of the facts concerning your situation, the answer to your questions is likely no. The general rule in Texas is that there is a mandatory duty to report family violence when that violence is inflicted upon a child. Tex. Fam. Code Sec. 261.101. A person acting in good faith when making a report of suspected child abuse is immune from civil and criminal liability. Tex. Fam. Code Sec. 261.106. However, if a person knowingly makes a false report of child abuse, then they may be subject to criminal penalties. Tex. Fam. Code Sec. 261.107.

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Answered on 9/26/10, 1:10 pm


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