Siblings don’t always get along when they’re kids: there are fist fights, snitching, hiding toys, etc. But that usually ends when both grow up. Some adult siblings, however, carry some ill will even when they grow up and may cause trouble that riles up the entire family.
Recently, a woman shared a story of how she got blindsided by a social worker’s visit shortly after the holidays. As the claims from CPS included details only the woman’s sister could’ve known, she jumped to the conclusion that it was she who called them. Unsure how to confront her, the woman sought advice online.
A woman called CPS on her sister’s family after witnessing them disciplining their teen
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After the case was closed, the sister felt betrayed and didn’t know how to confront her sibling
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Only a small percentage of anonymous calls to CPS are substantiated
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The situation in this story might seem like something from a Hollywood drama, but people make false claims to CPS quite often. In the state of New York, for example, only 21% of all calls to CPS were found credible. What’s more, only 8% of child maltreatment cases were based on truthful claims.
Los Angeles County reported 10,540 anonymous calls in 2022, and only about 10% of them were “substantiated.” One might say that the solution could be to ban anonymous reporting altogether, but that could have detrimental effects as well.
About 1,000 legitimate claims come through anonymous calls every year, so, banning them could have dire consequences for children in need. For now, the LA County’s Child Protection Hotline requires its staff to ask for identifying information. If they refuse, they’re reminded that it’ll remain confidential.
“AB 391, therefore, allows DCFS to investigate reports of suspected child abuse or neglect when a non-mandated reporter chooses to remain anonymous,” the spokesperson for the LA County’s Child Protection Hotline clarified.
False reports like the one made by the sister in this story take away time and resources needed for serious child abuse and maltreatment cases. They also incur emotional and psychological stress on parents. Family relationships can get destroyed too; the author, in this case, doesn’t see how she can ever repair her relationship with her sister after this.
Making false claims to CPS can result in civil or criminal liability
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Yet getting CPS called on you by a person close to you is not unheard of. According to legal experts, it mostly happens when there’s a nasty divorce and a disagreement about custody is going on. But it can also happen with family members who either misinterpret family interactions they see or have ill will against their siblings.
Most experts recommend complying with the investigation even if you’ve been falsely accused. According to the attorneys at The Law Office of Bryan Fagan, PLLC, the first step is to remain calm and understand that being accused doesn’t mean you’re guilty.
Then, the falsely accused parents can start gathering evidence to support their case. That includes medical records, school records, character witnesses, and so on. Family and friends can be interviewed to provide statements that refute child maltreatment accusations, too.
The person who makes false accusations to CPS can also face serious consequences. If the accusations are completely bogus, they become liable in a civil action for defamation. In more serious cases, they can incur criminal liability too.
The California Penal Code § 11172(a), for example, states that a person is liable “if it can be proven that a false report was made and the person knew that the report was false or was made with reckless disregard of the truth or falsity of the report,” the experts at Moshtael Family Law write.
All in all, while it’s unclear why the sister did this, her call to the CPS did way more damage than good. Hopefully, the OP and her family can recover from the emotional and psychological strain of the investigation, and the OP can protect her family from such things in the future.