False CPS Allegations in San Bernardino: What You Can Do

If you have been falsely accused of child abuse or neglect in San Bernardino County, act immediately. You have the right to remain silent, to legal representation, and to challenge the allegations. Document everything and consult a CPS defense lawyer as soon as possible.

Introduction: The Reality of False Allegations

A false allegation of child abuse or neglect is a devastating event for any parent. When that allegation leads to involvement by Child Protective Services (CPS) in San Bernardino County, your parental rights, your relationship with your children, and your reputation may be at risk.

False CPS reports may arise from:

Ongoing custody disputes
Misunderstandings by mandated reporters
Retaliatory conduct by neighbors or relatives
Innocent incidents misinterpreted as neglect

Regardless of the source or motive, every allegation must be treated seriously.

1. What Happens After a False CPS Report in San Bernardino?

Once a report is made to San Bernardino County Children and Family Services (CFS)—the local agency responsible for CPS investigations—an investigator may be assigned to assess the situation.

The Initial Investigation May Include:

An unannounced home visit
Interviews with your child, other household members, teachers, or medical professionals
A review of medical or school records

Under California law, a CPS caseworker may interview your child at school or daycare without notifying you in advance, if they believe it is necessary to ensure the child’s safety.

Even if the report is untrue, CPS may still open a case, impose a safety plan, or initiate dependency court proceedings.

2. Your Legal Rights During a CPS Investigation

You are not powerless during an investigation. Under state and federal law, you are entitled to assert your constitutional rights.

Key Rights Include:

The right to remain silent: You are not required to speak to CPS without legal counsel.
The right to legal representation: You may hire a CPS defense attorney to advocate for you.
The right to refuse entry: Unless the caseworker has a warrant or court order, you may lawfully deny entry to your home, except in emergency situations.

You should always ask whether the caseworker has a warrant before permitting access to your property or answering questions.

3. How to Respond to a False CPS Allegation

A. Stay Calm and Take the Matter Seriously

Avoid confronting the person who made the report, even if you know their identity. Retaliatory behavior may harm your case.

B. Contact a CPS Defense Lawyer Immediately

Legal guidance is essential. An attorney can:

Protect your constitutional rights
Serve as your point of contact with investigators
Represent you in dependency court if the case progresses

C. Document Everything

Maintain a detailed record of all interactions, including:

Dates and times of CPS visits or calls
Names and titles of investigators
Any statements made
Relevant emails, texts, and voicemails

D. Preserve Evidence of Your Parenting

Photographs, report cards, medical records, and witness statements from friends or relatives can help establish your credibility and demonstrate a safe, stable home environment.

4. What Happens if the Case Goes to Court?

If CPS files a dependency petition under California Welfare and Institutions Code § 300, the case will proceed to Juvenile Dependency Court in San Bernardino County.

You will be served with notice and required to appear at scheduled hearings, which may include:

Detention hearing: To determine whether your child should remain in your custody during the proceedings
Jurisdictional hearing: To assess the validity of the allegations
Disposition hearing: To decide whether services, monitoring, or removal is appropriate

San Bernardino Juvenile Dependency Court is located at:

900 East Gilbert Street
San Bernardino, CA 92415

5. Can You Sue for a False CPS Report in California?

California law provides immunity to mandated reporters who make reports in good faith. However, a person who knowingly makes a false report may be subject to civil liability.

If the individual made the report maliciously or with intent to harass:

You may be able to pursue legal claims for defamation, intentional infliction of emotional distress, or abuse of process.
Your attorney may request relevant CPS records and file a complaint if warranted.

6. What if the False Report Comes From a Co-Parent?

False CPS reports are sometimes used as leverage in custody disputes. If the other parent initiates a report:

Your CPS defense attorney should coordinate with your family law counsel
The family court may view repeated, unsubstantiated reports as an effort to alienate or manipulate the child
You may be able to request changes to the custody arrangement based on this conduct

Frequently Asked Questions

Can CPS remove my child based on a false report?
Yes. If the investigator believes the child is at immediate risk, they may seek a court order or remove the child without one in emergency situations.

Can I find out who made the report?
Reports are generally anonymous, particularly if made by a mandated reporter. However, in some cases, the identity may be disclosed during court proceedings or civil litigation.

What happens if the case is closed as unfounded?
Even unfounded reports may remain in agency records. You may petition to seal or remove those records under California Welfare and Institutions Code § 827.9.

Conclusion: False Allegations Demand Immediate Legal Action

If you are facing false CPS allegations in San Bernardino, do not delay. A single report can have lasting consequences for your parental rights, your child’s wellbeing, and your future. Immediate legal counsel can make the difference between dismissal and long-term court involvement.

Speak with a San Bernardino CPS Defense Attorney Today

We represent parents in San Bernardino and across the Inland Empire who are facing unjust CPS actions. If you have been falsely accused, call our office today to protect your rights and your family.

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