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What to Do When CPS Lies

What to Do When CPS Lies

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.

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*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.

what to do when CPS lies

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.

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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. 

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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.

fighting with CPS

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Low Income Relief is staffed by researchers, not lawyers. If you need legal advice, our friends at JustAnswer may be able to help! Contact them today.

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. 

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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 is a freelance writer with a B.A. in Film and Philosophy. You can check out his blog at Philosophy in Film.

Tracey

Friday 22nd of April 2022

My name is Tracey Griffin and seriously was mistreated and the GAL went right along and decided to mock me while Jotting that I had supposedly had never loved my children. The department never reunited with my second child so she is tremendously having so many emotional concerns. They informed me that I have no chance e and give up ny rights. Still scared for my children and haven't wanted to find that the department and GAL with judge honorable well I guess in every way they made me out to be such a rotten human being. This has been so hard for me and I feel like they are te people who wanted to make me disappear.

Isaac

Tuesday 26th of April 2022

Unfortunately, we cannot give specific legal advice. You can get low-cost legal advice online from our friends at JustAnswer, or you can look for free legal assistance in your area here. https://justanswer.9pctbx.net/c/1390468/1122033/9320 https://lowincomerelief.com/legal-aid

Nicki

Wednesday 20th of April 2022

My granddaughter was taken to a hospital and they found marijuana in get system from the mother breast feeding. She thought I started this case (I absolutely would not have) and they put in their report that I was an additional witness when I only answered their phone call and told them u hadn't spoke with my daughter. Now my family is torn apart because they think I said things, anything to them I wouldn't say. My daughter and son both are very hateful to me now.

Isaac

Tuesday 26th of April 2022

Unfortunately, we cannot give specific legal advice. You can get low-cost legal advice online from our friends at JustAnswer, or you can look for free legal assistance in your area here. https://justanswer.9pctbx.net/c/1390468/1122033/9320 https://lowincomerelief.com/legal-aid

Nope

Monday 18th of April 2022

My sister-in-law claims the same: “CPS is out to get me. They lie.” They don’t. She was a terrible mother. CPS absolutely did the right thing taking them out of that house. All 5 times. Never cared about what was best for the children, only what she wanted in the moment. People don’t commit themselves to a low-paying career that requires formal education because they’re evil and want to place children in foster care unnecessarily. The mother is lying to herself about the horrors she put her children through. I understand that it’s hard to admit guilt sometimes, but there is not a widespread conspiracy to place children in foster care. If you think the whole world is conspiring against you, you might be in denial about your own culpability.

Isaac

Monday 18th of April 2022

Unfortunately, we cannot give specific legal advice. You can get low-cost legal advice online from our friends at JustAnswer, or you can look for free legal assistance in your area here. https://justanswer.9pctbx.net/c/1390468/1122033/9320 https://lowincomerelief.com/legal-aid

M

Wednesday 13th of April 2022

Im curently having a problem with cps. They made false claims and acusations. They report things that i never said when they talk to my son inprivate my son told me they told him what to say. Grampa who was a witness also hurd when they told my son what to say. My son has odd, atissum and ADHD i gave our atorney and the new cps worker my sons IEPs from school since he is an special education class. In the ieps states he has trouble talking long sentense and explaing and expressing words so he keeps his sentences short using the minimun of words. Usually if you ask him something he will repond to you with his answer but if u ask him again he will go along with what you say because thats what you want to hear. My neighbor who is about to graduate as a cps worker is being my advidcate for this case. She menchine since my son has this problems they were sopose to have someone who has the credentials and works with kids with those disabilities. When i spoke alone to the other social worker that came along with the first one, i mention why the other worker said false claims. She just stayed quite and look down. We are taking this to trial. I have a lot of faith in god this will be all over soon because it was a misundertanding and a lot of false information.

Isaac

Thursday 14th of April 2022

Unfortunately, we cannot give specific legal advice. You can get low-cost legal advice online from our friends at JustAnswer, or you can look for free legal assistance in your area here. https://justanswer.9pctbx.net/c/1390468/1122033/9320 https://lowincomerelief.com/legal-aid

Naomi Tenorio

Monday 28th of February 2022

CPS is a corrupt agency, Social workers and some investigators always falsify reports, court documents etc. The county lawyers, judges, A/G (government officials) all are in it for $$ money, the more children the more money, they are not trying to protect children, and as long as it's not thier children , well we all know that no one can love our children but us, the parents, This agency and all programs connected to it are evil, (Casa, foster care, doctors, therapist, diagnostic centers) they diagnose our children with some made up shit to get them on medication in order to get more money, this agency is evil, thier leader has to be Satan the Devil, God tells us in the bible that there will be this type of people, playing as if they are doing a good thing but proving false to it, the bible also tells us that the day is near when all those individuals of evil doers will be destroyed along with Satan, we need to pray for this day to come quickly, the word of God reveals to us that after the end of this system of things a new government is to be put in place, Jesus will be the ruler and if we follow him we can enjoy everlasting life in a paradise here on earth, no more mourning nor outcry, no more sickness or death, only perfection and all wickedness like cps will be no more, we will enjoy peace with our children, and loved ones who have pasted away. Start a bible study and gain knowledge and faith and wisdom and peace, The Truth!! Jehovah God will take care of us he has the power, CPS has nothing when it comes to God.

Isaac

Thursday 3rd of March 2022

Unfortunately, we cannot give specific legal advice. You can get low-cost legal advice online from our friends at JustAnswer, or you can look for free legal assistance in your area here. https://justanswer.9pctbx.net/c/1390468/1122033/9320 https://lowincomerelief.com/legal-aid