slandered_n_cal
Junior Member
What is the name of your state? California
I was recently investigated by the local County "Children's Protective Service." The report was found to be "Unfounded," but I believe based on the accusations that my exwife (who lost custody about 3 1/2 years ago) filed the complaint with MANY (almost a page and a half) extremely false and very slanderous accusations in an attempt to regain custody of our son.
I saw another thread pointing out that it is a felony in Florida to file a false child abuse report, but after spending the last hour scouring the leginfo.ca.gov website I haven't been able to find anything except the following Penal Code:
*****
11172. (a) No mandated reporter shall be civilly or criminally
liable for any report required or authorized by this article, and
this immunity shall apply even if the mandated reporter acquired the
knowledge or reasonable suspicion of child abuse or neglect outside
of his or her professional capacity or outside the scope of his or
her employment. Any other person reporting a known or suspected
instance of child abuse or neglect shall not incur civil or criminal
liability as a result of any report authorized by this article unless
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, and any person who makes a report of
child abuse or neglect known to be false or with reckless disregard
of the truth or falsity of the report is liable for any damages
caused. No person required to make a report pursuant to this
article, nor any person taking photographs at his or her direction,
shall incur any civil or criminal liability for taking photographs of
a suspected victim of child abuse or neglect, or causing photographs
to be taken of a suspected victim of child abuse or neglect, without
parental consent, or for disseminating the photographs with the
reports required by this article. However, this section shall not be
construed to grant immunity from this liability with respect to any
other use of the photographs.
*****
Can anyone confirm or redirect my efforts? And if I pursue this in the criminal courts is there any precedence for the court to mandate disclosure of the origin of the report?
Signed,
Slandered in California...
I was recently investigated by the local County "Children's Protective Service." The report was found to be "Unfounded," but I believe based on the accusations that my exwife (who lost custody about 3 1/2 years ago) filed the complaint with MANY (almost a page and a half) extremely false and very slanderous accusations in an attempt to regain custody of our son.
I saw another thread pointing out that it is a felony in Florida to file a false child abuse report, but after spending the last hour scouring the leginfo.ca.gov website I haven't been able to find anything except the following Penal Code:
*****
11172. (a) No mandated reporter shall be civilly or criminally
liable for any report required or authorized by this article, and
this immunity shall apply even if the mandated reporter acquired the
knowledge or reasonable suspicion of child abuse or neglect outside
of his or her professional capacity or outside the scope of his or
her employment. Any other person reporting a known or suspected
instance of child abuse or neglect shall not incur civil or criminal
liability as a result of any report authorized by this article unless
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, and any person who makes a report of
child abuse or neglect known to be false or with reckless disregard
of the truth or falsity of the report is liable for any damages
caused. No person required to make a report pursuant to this
article, nor any person taking photographs at his or her direction,
shall incur any civil or criminal liability for taking photographs of
a suspected victim of child abuse or neglect, or causing photographs
to be taken of a suspected victim of child abuse or neglect, without
parental consent, or for disseminating the photographs with the
reports required by this article. However, this section shall not be
construed to grant immunity from this liability with respect to any
other use of the photographs.
*****
Can anyone confirm or redirect my efforts? And if I pursue this in the criminal courts is there any precedence for the court to mandate disclosure of the origin of the report?
Signed,
Slandered in California...
and when we entered into our 2nd custody battle- the nuttyX looked like an idiot, and was finally told by the judge not to come back to court unless there was a death or incarceration.