Can schools make false CPS reports on kids in California? How to handle threats and false claims from school officials? What legal actions can be taken? What steps can be taken to address this issue other than switching schools? #SchoolIssues #FalseCPSReports #CaliforniaLaw #LegalRights #ParentingTips #SchoolThreats #ChildrensSafety
NAL but the first option I would look at would be to go up the chain and speak to superiors of whomever you suspect is doing this. Have you spoken to the principal about it? Or, if the principal is part of the problem, have you spoken to someone above them at the district? Et cetera.
OP, legal actions for false CPS reports are difficult to do. Your children not even being present that day might help, but the reporter might play it off as them meaning it happened a different day. In most states, you have to prove the report wasn’t just wrong, but was made deliberately in bad faith – and the person saying “well, I *thought* their clothes were dirty” is defence against that. They’d have to pretty much put it in writing that they falsely reported you on purpose. Hopefully someone has Cali-specific advice, but I wouldn’t be hopeful about anything criminal being prosecuted.
CPS will record that this report was unfounded, and people who make many unfounded reports can get their names flagged so further reports are ignored. But if it was a teacher making the report then they won’t want to do that because teachers are mandated reporters, and will probably just chalk it up to mixing kids up or misreading something.
A better avenue would be to bring this issue up with the school system; either the principal if they have nothing to do with this situation so far, or the district above them. Keep on escalating until someone takes it seriously, both for what you’ve experienced and the sake of actually abused children. CPS resources are stretched incredibly thin as is, and investigating false reports eats up valuable time.
There won’t really be any legal recourse for false reporting, it’s just about impossible because it could potentially dissuade people from reporting real issues because they worry they won’t be believed.
That being said, you can absolutely address this with the school. Start by documenting everything in writing and sending an email to the principal – state your concerns, the information you provided about the social worker being called and the accusation of your kids being dirty and unwashed on a day they were staying home from school. Email her and request a meeting immediate to discuss the unprofessional behavior and false accusations.
If the principal is unresponsive, reach out to your district manager directly. Forward copies of everything youve sent to the principal to them and proceed with asking for this to be addressed.
The key here is to document everything in writing. Create a paper trail.