So, you need to know what to do when CPS lies. It is a very tough position to be in — for a number of reasons. First and foremost, if you’re at the center of a CPS investigation, you could be at risk of losing custody of your children or even facing criminal charges. Second, you have very little power to fight against a government entity that refuses to tell the truth. That said, the situation is not completely hopeless. You do have options and you can seek out truthful information. So, let’s take a look at what to do when CPS lies.
*Disclaimer: we are not lawyers and this article does not constitute legal advice. We only hope to provide you with tips to help you in the event that CPS is not telling the truth. If you are in need of legal aid related to an open CPS investigation, be sure to check out or free legal aid directory.
Why would CPS lie?
It’s important to remember that Child Protective Services (CPS) is a giant government entity that has distinct agencies in all 50 states. Sometimes paperwork gets misplaced and mistakes are made. This can make it seem as though CPS is lying when in reality it’s just a clerical error. However, there are many cases in which a CPS representative could lie.
The most common example is a caseworker making false or misleading claims in an official report. This can be extremely detrimental to you and the welfare of your family. For example, if a caseworker claims that they witnessed you behaving violently or erratically, it could convince the state to remove your children from your custody.
This begs the question: why would a CPS caseworker lie? The reasons can vary widely. Some caseworkers are more vigilant and aggressive in their pursuit of “justice,” even if that means stretching the truth. Alternatively, a caseworker may just not like you. They could decide that you deserve punishment for one reason or another, so they sprinkle a few false statements into their report.
Finally, it’s important to remember that there’s a big difference between a lie and a misstatement or a misunderstanding. In many cases, the truth can be somewhat subjective. The way you view a situation or an action can be completely different from the way a caseworker sees it. Thus, the statements in a report may differ from your experience of events that took place.
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What to do when CPS lies: 4 actionable steps
Now that you have a better understanding of why CPS could lie, it’s time to learn about some actionable steps you can take to find out the truth and ensure that your name does not get dragged through the mud unjustly.
Contact a Supervisor
Just about every business or government agency has a chain of command; Child Protective Services is no different. If you find yourself on the phone with a stubborn or untruthful caseworker, simply ask to speak to a supervisor. Pleading your case to an authority figure at CPS can help you tell your side of the story. This way, the supervisor can act as an impartial judge of the situation and work to find out what lies may have been told. Plus, we’re sure you’d rather clear up any lies or misunderstandings with one phone call, as opposed to taking CPS to court.
Create a Declaration of Facts
A Declaration of Facts is an official document in which you state the facts of your case. If you’re making this in relation to an untruthful caseworker report, it’s important to address each lie or misrepresentation one by one. Keep it as brief as possible, without glossing over any important details. There’s a chance that a judge could end up reading your Declaration of Facts, so if you write a 30-page essay about your case, they may be less inclined to comb over every statement.
So, keep it simple. State who you are and how you’re related to anyone who is relevant to the case. Be sure to list your case name, case number, and the date your case was filed. Then, give simple, accurate statements about your case. When contradicting a statement made by your caseworker, make sure that you address any extenuating circumstances that could cause the caseworker to lie about a situation (no witnesses, a misunderstanding, etc). Finally, you must be extremely careful not to make any statements that could incriminate you.
File a Statement of Objections and Corrections
Once you’ve written down the facts of your case, you might want to take things a step further by filing what is known as a Statement of Objections and Corrections to the Report of the Social Worker. Rather than just writing down the facts from your perspective, this document copies the caseworker report line by line, with redactions or revisions of any false statements, fabrications, or misrepresentations in brackets.
This document generally carries more weight than a simple Declaration of Facts. As a result, you should usually file this kind of document with the help of an attorney (more on that later). In any case, a Statement of Objections and Corrections should be extremely thorough and organized. It is not an opportunity to make broad criticisms of your caseworker. Instead, this document should correct each and every lie made in the official report. For more information on creating a Statement of Objections and Corrections to the Report of the Social Worker, check out this link.
Hire an Attorney
The sad truth is that fighting CPS is an uphill battle. While you could theoretically sue CPS if the organization has infringed on your civil rights, you probably won’t have enough of a case to file a lawsuit based on misrepresentations or false statements. However, this doesn’t mean that there won’t be a legal battle. As a result, hiring an attorney is necessary in many cases.
The Bottom Line
You may have to plead your case to a judge if CPS wants to remove your children from your custody. Alternatively, if the state is filing criminal charges against you, you’ll need an attorney to help prove that CPS lied or misrepresented the original report. Fortunately, you don’t have to be rich to get a lawyer; you can seek out free legal aid in all 50 states to help you figure out what to do when CPS lies.
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Matthew Jones
Matthew Jones is a freelance writer with a B.A. in Film and Philosophy. You can check out his blog at Philosophy in Film.
Patricia Winstead
Thursday 21st of December 2023
Thanks we need more ways to address our own issues in court
Ami
Wednesday 2nd of August 2023
I do not know if it will help but have tried everything else. I have 3 grandkids that were being abused by my daughter in NY. I called CPS & they had me meet them with the kids, it was winter & I had to wait 20 minutes with toddlers in a truck. I told them I would grab the kids ice cream to keep them calm & they showed up. The kids told them what was happening. A case was opened. Over 80 hours of torture seesions were RECORDED by the downstairs neighbor. a Copy was given to the caseworker. Papers were filed in Court & the Judge would only take reports of alleged abuse from the CPS worker. The worker stated I had given them ice cream to lie about their mom! The report was made & time stamped photos were taken before the CPS report. When the 5 year old was thrown face first to thr ground, and had her teeth knocked out, the CPS worker told my daughter "You should take her to get that checked outsince she fell down". I called each Supervisor, had multiple witnesses and documentation. The worker would set up appointments with the witnesses, then cancel. It is in writing. When my daughter was leaving the State with the kids, against the Judges Orders, I had it in writing that CPS was aware & filed it with the Judge. I went all the way up to the Senate level & nothing was done. WHen told to file National System Failure, there were 4 CPS cases open in 3 Counties & 2 States (Texas was the other). ALL cases closed that same week. In the final letter of the INDICATED case in NY, there is a lot of falsified information & proof of such. It also states that I gave the kids ice cream to lie. There has since been multiple CPS reports involvong further abuse & neglect of the children filed in Texas & nothing is done to protect any of the children involved. They were not even out of diapers when the 1st case was opened in Texas in 2018. My daughter fled to NY during that one & has managed to get away with it across the board.
Helen Robson
Saturday 17th of June 2023
Hello my name is Helen Robson and I'm from Memphis Tn and I need some help with getting my son back he was literally taken from me when he was 3 months old and the cps here in Dyersburg Tn literally lied a couple of times under oath I really would like to talk to someone about my situation. please I really need to get him back 😢 💔 🙏
Catherine Marucci
Tuesday 20th of June 2023
Hi Helen. My heart breaks for you. Have you already spoken to a lawyer? https://lowincomerelief.com/legal-aid/
Patricia Winstead
Sunday 4th of June 2023
Call the local television news reporter
LED1958
Monday 29th of May 2023
@John, Indiana trashes people based on Money to be Gained. Your paycheck is deposited to DCS and family membership is carved out for a greater interest - Medicaid $. A decimated family of four making payments to the "court" is a permanent federal stream of cash with only a tiny portion ever seen by the victims. The poorer and more screwed up the family becomes, the bigger the cash flow from the federal government to state pockets. Don't take it personal. Indiana has the highest DCS death rate for kids in the USA, and this will never change. At the other end of Indiana's human carpetbagger spectrum, seniors on Medicaid are likewise neutered of community membership, shaken down for cash and given free walkers and rides to questionable medical appointments. The Medicaid-Medicare thieves stealing from hospitals and courts are doctors, therapists, pharmacists and even the occasional high school basketball coach. I know, I've been through it. At least 50% of my income was stolen standing up for kids.