Isn't filing a false C.P.S. report illegal?

I just got a letter from the Department of Human Services in which they told me that on the 15th of February, the hospital filed an allegation of child abuse and neglect of my son by me due to in utero drug use. On the 15th though, they already had my confirmatory drug test and two different drug screens of the baby, which were all negative. Isn't this filing a false report?Isn't filing a false C.P.S. report illegal?
Deliberately filing a false report is illegal-- but it's not illegal to be wrong by accident. It's very difficult to prove malicious intent as opposed to human error, or to be sure that the reporter wasn't acting in good faith even if misinformed.





If I were you, I would definitely ask for clarification about why the report was filed, and draw attention to the fact the tests were negative. That should work in your favour in your legal process. You should by all means challenge the accuracy of the report.





But proving that the report was filed as a deliberate act instead of by mistake is probably going to be impossible. I think you'd do better to just focus on getting your child back rather than using your energy to try to dig up and then prove the motivation behind the report. By all means, say it's inaccurate-- but trying to prove it was actually malicious or deliberate strikes me as a waste of your resources.Isn't filing a false C.P.S. report illegal?
First of all, define false. If it's a malicious report, then it probably should be illegal under the umbrella of harassment, but then you have the trouble of proving that it is malicious, when it's very easy for someone to turn round and say there was a genuine concern, and if that's the case, you're stuck. The care and welfare of the child must always be paramount and unfortunately, this sometimes feels like the parents are being persecuted because of it. The hospital may have been concerned anyway, especially if you have used hard drugs, and this may be the source of the reports. I don't think you have a leg to stand on in this if you're thinking of making a complaint, I'm sorry. Probably the best thing you can do is let sleeping dogs lie and move on and be a good parent to your child. Good luck.
No.





I work as an emergency medical technition. I am a mandated reporter, which means if I have any reason to suspect child abuse, then I MUST report it. If I don't report it, then I am committing a crime.





As an EMT (at least, in the county that I live in) I also have the power to take a child into protective custody if I have strong enough suspicions of child abuse (note: this is only if I'm on a call and the child has cigarette burns or other obvious inflicted wounds, this doesn't work so much if I'm off duty).





One of the things that we were told in the portion of our training about Child Abuse is that any suspicion, however miniscule, can be reported to CPS. A false report, well, yeah, that's definitely illegal, but any suspicion with any grounds behind it (again, regardless of how minor) will given a look over. It's very important to take all cases seriously. Far too many children suffer and die (yes, die, we had a little girl die from child abuse just recently in my area) from child abuse not to take every case seriously.
Certain licensed professionals that may have close contact with children: doctors, nurses, counselors, teacher, social workers, physical therapists, (etc) are required by law to report any suspicion of abuse/neglect. They face criminal penalties if they do not file a report.





It could have been that they filed the report in a CYA (cover your @ss) manuver or it's also possible that the report was filed before they had the re-tests in hand. Or it could have been hospital policy to file a report (again, CYA) even if subsequent re-tests come back negative. Hospital employees would be required to follow hospital policy, in this case.





In other words, it might not have been something personal, like knowingly filing a false report.
Yes but unfortunately when it comes to children anyone has the right to report suspected abuse and in fact if abuse was occurring and they did nothing they can actually face charges for neglect to report! It is very hard to prove a false report when it comes to children becasue the reporter is allowed to be kept secret! Thus why if you were freed of charges and they dropped the case I would move on a be happy with your new baby! The only thing I could perhaps suggest is making a report to the head of the hospital letting them know the trauma you had to go through do to the false report! The other advice I can give is to be very careful becasue even though you have proven your self not guilty you will remain in the system as being suspected of abuse! Trust me when it comes to your child trust no one and always be on your best behavior and guard! People can take you to court for custody over small issues and keep you tied up for years! Be thankful it has been dropped but keep in mind that you are now on file! Congrats on the baby and hope things work out!
Even with out the test results babies often show sings of drug use. Even with just signs doctors are obligated by law to report to CPS. Then CPS job is to follow up with the test and see if the report is valid. CPS receives 1,000 of calls everyday and most of them are false and it is their job to find out which ones are real. Ex husbands, angry neighbors over zealous teacher make reports that have no substance and it is not illegal and they can make them everyday if they want to.
Probably not. whoknows. Did you pay your bill?





Also, when I went from La to Tx and swtched Dr, the only one with apointments was a mediare Dr, who made me drug test. I guess medicare Dr do stuff like this, cause my other dr didn't, or didn't say anything if they did.





Probably thats the medicare system. They also tried to force me onto birthcontrol. Hello I'm 28, I'm not on medicare, I have insurance, and have reproductive rights.





I am trying to find another Dr, but all the other ones on my insurance list are booked till January, so I'm stuck with this guy. Theres prabably a reason he has openings and no one else does.





I would bet its the mediare system. Ask if he takes medicare, cause some take mediacare and insurance, like my new doc. I bet anything thats what it is.
it should be, especially when the people filing already have the information and know its false. Friends mother in law called CPS o my friend, claimed she was abusing her kids. They investigated, and found that there was no abuse.


This is why CPS sometimes misses the real problems, because there are so mant petty people filing false reports, that they fail to investigate the real ones throughly.
They have a duty of care and if they have reason to suspect drug use, even if it didn't show up on the test, they have a duty to report. Just because something didn't show on a test doesn't mean you didn't take it or they were not concerned. Drug tests only show recent activity anyway.
If you admitted drug use while pregnant, they were obligated to file, no matter the results of the tests, especially if the drugs you used are quickly removed from the system, such as cocaine.


Otherwise, just ask about it. Find out WHY they reported it and go from there.


Ask for a copy of your chart at the hospital. Just don't mention this issue when you go to get it.
If they had reason to believe their claim was true, then it was perfectly legal. If they continue to file reports against you, which also turn out to be false, then they can get into legal trouble such as harassment. But at this point, nothing was illegal.
Honey, people call in false reports all of the time. It's not illegal. Unethical, yes. But not illegal.
if you were using drugs while you were pregnant ten you should be ashamed of yourself, what did that poor baby ever do to deserve that?
OMG%26lt; you givin us a bad name girl. Stop abusing dos kids.