A Father Reported He Faced Several Unfounded CPS Investigations Based on False Accusations From His Child's Mother, But When CPS And Police Went To Discuss The Matter With Her, They Found Her With Her Boyfriend Using Drugs While The Child Was In Their Care. This Was Months Ago And No Action Was Taken.
Here is my reply to him, in the hopes that it may help other parents who face similar injustices.
I am not a attorney and this is not legal advice.
It is possible that mom does not have a CPS case because they only protect children when fathers are accused and not mothers.
Possible cause for a federal civil rights action under:
42 U.S. Code § 1983 - Civil action for deprivation of rights
https://www.law.cornell.edu/uscode/text/42/1983
18 U.S. Code § 242 - Deprivation of rights under color of law
https://www.law.cornell.edu/uscode/text/18/242
Mom's repeated false allegations may be:
What Is Domestic Violence?
Does your partner ever….
Insult, demean or embarrass you with put-downs?
Stop you from seeing your friends or family members?
Make all of the decisions without your input or consideration of your needs?
Tell you that you’re a bad parent or threaten to take away your children?
https://www.thehotline.org/is-this-abuse/
All victims have equal access:
"No person in the United States shall, on the basis of actual or perceived ...sex..be excluded from participation in, be denied the benefits of, or be subjected to discrimination underany program or activity funded in whole or in part with funds made available under [VAWA]"
https://www.justice.gov/sites/default/files/ovw/legacy/2014/06/20/faqs-ngc-vawa.pdf
See also:
Improving Law Enforcement Response to Sexual Assault and Domestic Violence by Identifying and Preventing Gender Bias
https://www.justice.gov/ovw/policing-guidance
Ignoring this child abuse and acting as agents of domestic violence sounds like it may be depraved indifference.
To constitute depraved indifference, the defendant's conduct must be 'so wanton, so deficient in a moral sense of concern, so lacking in regard for the life or lives of others, and so blameworthy as to warrant the same criminal liability as that which the law imposes upon a person who intentionally causes a crime.
https://definitions.uslegal.com/d/depraved-indifference/
A social worker or police officer who may have played along with a false claim of child abuse and then ignores real abuse such as drug use around that child may be abusing that child. In so doing they are failing to report their own abuse, a crime.
A person who, while engaged in a professional capacity or activity described in subsection (b) of section 226 of the Victims of Child Abuse Act of 1990 on Federal land or in a federally operated (or contracted) facility, or a covered individual as described in subsection (a)(2) of such section 226 who, learns of facts that give reason to suspect that a child has suffered an incident of child abuse, as defined in subsection (c) of that section, and fails to make a timely report as required by subsection (a) of that section, shall be fined under this title or imprisoned not more than 1 year or both.
18 U.S. Code § 2258.Failure to report child abuse
https://www.law.cornell.edu/uscode/text/18/2258
Possibly defrauding the United States:
If two or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose, and one or more of such persons do any act to effect the object of the conspiracy, each shall be fined under this title or imprisoned not more than five years, or both.
18 U.S. Code § 371 - Conspiracy to commit offense or to defraud United States
https://www.law.cornell.edu/uscode/text/18/371
State child support, parenting time, and child protection, and elder abuse are all primarily funded under federal law Title IV-D and Title IV-E. Consider filing complaints.
HHS Office of Inspector General
Phone. 1-800-HHS-TIPS (1-800-447-8477)
https://oig.hhs.gov/fraud/report-fraud/contact.asp
HHS Office of Civil Rights
https://www.hhs.gov/civil-rights/filing-a-complaint/index.html
Department of Justice Civil Rights
The Civil Rights Division of the Department of Justice, created in 1957 by the enactment of the Civil Rights Act of 1957, works to uphold the civil and constitutional rights of all Americans, particularly some of the most vulnerable members of our society. The Division enforces federal statutes prohibiting discrimination on the basis of race, color, sex, disability, religion, familial status and national origin.
https://www.justice.gov/crt
Anyone may report federal crimes to the FBI.
(202)324-3000
http://tips.fbi.gov/
Consider an emergency motion to change custody to prevent the abusive parent from having unsupervised access to the child. Illinois but other states are similar:
When There Are Grounds for An Emergency Motion
When considering restricting parental responsibilities the court will consider additional factors and the factors set out below will give you an idea of what the court deems an emergency:
Abuse, neglect, or abandonment of the child;
Abusing or allowing abuse of another person that had an impact upon the child; Use of drugs, alcohol, or any other substance in a way that interferes with the parent’s ability to perform caretaking functions with respect to the child; and Persistent continuing interference with the other parent’s access to the child, except for actions taken with a reasonable, good-faith belief that they are necessary to protect the child’s safety pending adjudication of the facts underlying that belief, provided that the interfering parent initiates a proceeding to determine those facts as soon as practicable.
https://gatevillerealestatellc.com/emergency-motions-to-modify-child-custody/
I wish you the best of luck in your search for justice.
[–]Adventurous_Ad_5822 8 points9 points10 points (0 children) | Copy Link
[–]r7anubis 8 points9 points10 points (0 children) | Copy Link
[–]MNCPA 5 points6 points7 points (1 child) | Copy Link
[–]DougDante[S] 1 point2 points3 points (0 children) | Copy Link
[–]mixing_saws 5 points6 points7 points (0 children) | Copy Link