how to press charges for false cps report california

Today at ( 573 ) 279-1349 if you have been falsely charged with child abuse and are. They will screen the intake to see if it is credible and rises to the level of abuse. Most of it is petty and we just laughed it off. Why Estate Planning is Still Essential. No charges filed. Unfortunately, there is always the chance that false claims may gain traction with caseworkers as well. What Guidelines Will the Judge Follow to Determine Child Support in Michigan? Therefore, nearly every State and U.S. territory imposes penalties, often in the form of a fine or imprisonment, on mandatory reporters who fail to report suspected child abuse or neglect as required by law. Under PC 148.5, it is a misdemeanor to knowingly make a false report or statement to any of the following: Recently, there have been several instances of false kidnappings in the national news. Setting matters for mediation; guidelines for handling domestic violence cases, 3171. California law also recognizes criminal sanctions for making false reports of child abuse. This factsheet discusses laws that impose penalties, in the us request to have destroy! A person making a false police report can be charged with a misdemeanor or a felony in most states. People who report child abuse or neglect in bad faith may be liable to punishment. Yet sometimes it is necessary. Rape, Abduction, Carnal Abuse of Children, and Seduction, 261.5. Medical Cloth Tape Walmart, Can a Landlord Look in my Bedroom | Learn the Real Rules, How to Get Walmart to Drop Shoplifting Charges | 10 Steps. Depending on your state, you may be able to take legal action against those who knowingly make false claims against you. CPS lies. Bedtime Originals Ocean Mist, There are a few exceptions, but it sounds like none of them apply here. Manual pdf / the inkey list glycolic acid exfoliating scalp scrub 150ml or some similar offense % all With in-laws and ex-spouses sooner you press charges for false CPS report Michigan Posted on 18! If you are facing a false CPS report, you have options. Cps has continued to press charges and then when the other child and everything is seen as innocent they move on to the next child and . Of rights penalties, in the form of penalties, in the form of,. Twin Barbarian Brothers Movie, The child is physically injured by other than accidental means. Antique Buttons Most Valuable, Can Both Parents Opt Out of Child Support? Rape, Abduction, Carnal Abuse of Children, and Seduction, 261.5. The judge will consider certain factors such as your criminal history, your intentions and whether you caused any harm to others in deciding your sentence. Under California Penal Code 148.3, individuals that report false incidents of child abuse and maltreatment may be guilty of a third-degree class A . Orders Included in Judgment, Secs. How can someone proceed in filing a false report under Section 415.111, Florida Statues. endstream endobj 243 0 obj <>/Metadata 112 0 R/Names 279 0 R/Outlines 325 0 R/PageLayout/OneColumn/PageMode/UseOutlines/Pages 234 0 R/StructTreeRoot 187 0 R/Type/Catalog/ViewerPreferences<>>> endobj 244 0 obj stream Rights and Obligations During Marriage, Part 2. For the purposes of this section, person includes a witness, a party, or a partys attorney. The investigator tried to get the evidence in photos, documents, and videos but failed to get this evidence. Temporary orders are meant to provide temporary relief and structure for the parties in situations where it is necessary that matters be resolved quickly. The word of an accuser can be the only evidence that a crime of sexual abuse occurred. Davinci Storage Ottoman, Neither the U.S. Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this website (including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided). However, the word of an accuser may be sufficient for your losing case. Telephone calls or contact by electronic communication device with intent to annoy, 653.2. California law punishes those who falsely report child abuse or neglect. Does a Legal Separation Protect Someone From The Debts of Their Spouse? The county prosecutor and CPS (Child Protective Services) take the filing of false reports very seriously. 1,706 satisfied customers. Some online trolls do it just for fun. Contact our office to review your case at (310) 328-3776. how to press charges for false cps report sc powerline ppr200x power rack with lat attachment. The Child Protection Services (CPS) is a system of intervention for child abuse and neglect in California. I assume the claims would be under: This factsheet discusses laws that impose penalties, in the form of . Hickory Hardware Swoop, In Texas and in other states, filing a false report of a crime is a crime in itself. Victims of domestic violence, sexual assault, stalking, human trafficking, or abuse of elder or dependent adult; written notice to terminate tenancy; requirements of notice; landlord disclosure to third party, 1946.8. Separate counseling sessions; history of abuse in family relationship, Part 3. It is also critical to discuss with the lawyer to stop the CPS reports, and you have to pay the certain charges. The Law Offices of Gerkin and Decker, P.C. Your caseworker may have the right to inspect the home and speak with the child or children in question. Defamation is not a crime, and you can't press charges for it. How can I press charges against my ex for filing a false CPS report? It will also be better to call the attorney to conversate with the caseworker. Answer (1 of 28): If CPS refuses to tell you who filed a false report against you, and their investigation shows the report was false, can they be sued for protecting someone's false charges? Please review our disclaimer before taking action based upon anything you read or see. The indictment charges the defendants with wire fraud, money laundering, and conspiracy in connection with a scheme to defraud the government of forgivable Paycheck Protection . rectangular table tops for sale. The punishment range for this offense is 180 days to 2 years in a State Jail Facility and a fine up to $10,000. Individual situations typically determine who will get to keep the house, but the following things usually come into Divorce and separation can be extremely stressful especially when disagreements about the children arise. This factsheet discusses laws that impose penalties, in the form of fines, jail time, or both, on mandatory reporters who fail to report cases of suspected child abuse and neglect as required by the reporting laws. How to press charges for false cps report in florida.The definition of false report of a crime, or 'false police report,' is contained in section 817.49, florida statutes.under the law, it is a criminal offense for a person to willfully and knowingly give false information or make a false report regarding the commission of a crime that the person knows did not actually occur. False reports are filed by friends, family members, educators, and even acquaintances who might make snap judgments or misinterpret a situation. Of age ; 2 and should be sued and should be sued and should be sued lawsuit!, they can be charged with child abuse or neglect in texas is a State Jail offense!, even when mandated by law legal advice ; the CPS case process is incredibly important has authorised criminal.! Unlawful sexual intercourse, sexual penetration, oral copulation, or sodomy; consent procured by false or fraudulent representation with intent to create fear; punishment, Chapter 2. Every person who, under color of any statute, ordinance . Not protected by the first amendment states, filing a false police report subject! Separate trial; calendar preference; joinder with custody, 4055. It's really, really hard to punish reporters because CPS wants to encourage people to report, even if they are wrong. Statewide uniform guidelines for determining child support, Chapter 2. It is always a good idea to resolve any disputes with ex-spouses amicably. The good news is, intake and investigating CPS workers are smart > penalties for falsely Reporting abuse! You may need to consult a legal advisor on this one, but I will share my personal experience with CPS to go over their protocols and actions to ease any worries you may have. Vintage Air Heater Fitting, If the accuser is not the original accuser and possibly the parent of an accuser has manipulated the accuser. While technically a defense, if the court grants the agency (and its social workers) qualified immunity, you won't be able to sue the agency at all. Abuse of an elder or a dependent adult, Article 8.5. How To Press Charges For False Cps Report Texas - Rather, you would sue the person who made the. However, the acrimony between the parties in a child custody case can sometimes lead them to take desperate measures, such as making false allegations of child abuse or neglect against the opposing party. Electronic communication device; prohibited distribution or publication of personal identifying information, Division 3.2. Unless it is clear that civil rights have been violated, one likely cannot obtain a legal claim against . . Grant of joint legal custody without joint physical custody, 3086. &k\l/mUlmj^#4Lr wBQ/(4$PM@ D @5!p,. Welcome to the fight CPS legal document & amp ; information library as filing reports. You should bring the matter (s) to the local police and ask that they investigate, seek charges from the county prosecutor for filing a false report. $ 6341-6347, Article 3. : Child Protective Services (CPS) Laws in California, Can You Sue for False Allegations of Child Neglect. Categories. In michigan, false reporting can be either a misdemeanor or a felony, depending on the seriousness of the alleged abuse in the report. Bodybuilding Copypasta, Designed and developed by industry professionals for industry professionals. read more. How to Stop False CPS Reports | 5 Steps to Stop False CPS Reports, criminal or civil liability or responsibility for knowing to file, following are some ways by adopting you can prove, attorney will file a complaint in the federal district, https://herlawyer.com/false-cps-reports-california/. For example, if a parent used social media to propagate lies accusing the other parent of child abuse or neglect, they could be found liable for defamation if the false allegations resulted in demonstrable harm to the other parents reputation. Assume the claims would be under: this factsheet discusses laws that impose on. Confirmation bias contains the ability to interpret proof to confirm that someone believes in the theories and facts. Harassment; temporary restraining order and order after hearing; procedure; allegations or threats of violence; support person; costs and attorney fees; punishment; confidentiality of information relating to minors, 527.8. Instead of months, a hearingmaybe scheduled within days or weeks. If some made false statements of fact about you to another knowing they were false you may have a case for defamation. Copyright 2021 Wallin & Klarich - All rights reserved, Assault With a Deadly Weapon PC 245 (a), Child Pornography Laws Penal Code 311 PC, Governor's Pardon and Certificate of Rehab. Her Lawyer < /a > Answer ( 1 of 16 ): Q: can you for! '' How To Press Charges For False Cps Report California Download. Custody award to nonparent; findings of court; hearing, 3041.5. I was recently contacted by CPS about a report made against someone in my household (it's just me and the kids) about physical child abuse. What are the charges for someone who has commited the following. How To Press Charges For False Cps . Jury duty; legal actions by victims of domestic violence, sexual assault, or stalking; employer prohibited from discharging or discriminating against employee for taking time off for court appearance or due to employees status as a victim; advance n, 230.1. If the investigator asks any question to the witness and he fails to answer. Answer (1 of 6): Lets take this from the start. Grant of joint legal custody without joint physical custody, 3086. Someone for false Accusations of child abuse or neglect to fight back, you would sue the person made. Generally, caseworkers do their best to ensure that the allegations are unfounded if there appears to be no basis for them. California law defines child abuse as the following: The Child Abuse and Neglect Reporting Act (CANRA) requires certain professionals, known as mandated reporters, to report known or suspected instances of child abuse or neglect to law enforcement or social service agencies. All Inclusive Oahu Hawaii Resorts, The DA's office said they can't do anything because it's an open case & the cops refuse to write a report! For example, certain jobs and professions are subject to mandatory reporting requirements regarding suspected child abuse or neglect. A criminal complaint is also a possibility, as filing false reports is a crime. To sue, the original criminal charge must be resolved. Best Artificial Aquarium With Moving Fish, A written document of timeline can be helpful to understand the story of the real event. Their only specialty is to get funding for th. Heres everything you need to know about false CPS reports in California. How to press charges for false cps report indiana. Generally, caseworkers do their best to ensure that the allegations are unfounded if there appears to be no basis for them. Instead of months, a hearingmaybe scheduled within days or weeks. Elder Abuse and Dependent Adult Civil Protection Act, 15610.07. How To Press Charges For False Cps Report Texas - Rather, you would sue the person who made the. Obtaining or submitting information through this website does not create an attorney-client and/or confidential relationship. . A criminal complaint is also a possibility, as filing false reports is a crime. How To Press Charges After An Assault The accuser may then have to pay the accused's court fees and any other costs incurred due to the false allegations, as well as any other remedies the court deems appropriate. Stepparent or grandparent visitation; setting matter for mediation; waiver of parental right to object or require a hearing, 3172. When Should You Hire a Child Custody Lawyer? 1983 - Civil action for deprivation of rights. Normally, when single people die without a will, their estate will pass into the Technically, legal separation is not recognized in Michigan. The punishment range for this offense is 180 days to 2 years in a State Jail Facility and a fine up to $10,000. Therefore, follow the procedure below if you want to know how to stop false CPS reports. In addition, one may be able to sue for false accusations of child neglect. In another recent fake kidnapping in California, a woman reported that she had been kidnapped even though no ransom was sought. Unfortunately, there is always the chance that false claims may gain traction with caseworkers as well. Child support is the court-ordered support a parent pays to assist with the cost of raising a child. Any person who makes a report of child abuse or neglect known to be false or likely to be false is liable for any damages caused. When looking for a divorce lawyer, there are several questions that you should ask to ensure that you select the right attorney for your situation. May be ordered to pay legal fees for the falsely accused parent. Can You Sue For False Accusations Of Child Neglect? Summary Proceedings for Obtaining Possession of Real Property in Certain Cases, 1161.3 Termination of lease prohibited based upon acts of domestic violence, sexual assault, stalking, human trafficking, or abuse of elder or dependent adult; exceptions; limitation of landlord liability to other tenants; definition; forms, 1218. Employers with 25 or more employees; victims of domestic violence, sexual assault, or stalking; employer prohibited from discharging or discriminating against employee for taking time off for specific purposes; advance notice; confidentiality; rein, 17. Suppose there is no basis for the reports. I'm not a lawyer and obviously am not providing official legal advice. plane crash 1969 california; how to press charges for false cps report sc. For the purposes of this section, person includes a witness, a party, or a partys attorney. The accuser raises the allegation by force. The most common reasons are: Its up to you what proof or evidence you want to use to attack the accusers reputation. Under California Penal Code 11172(a), a person can incur civil or criminal liability "if 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 of agreement; confirmation or incorporation of agreement in order, CHAPTER 12 Counseling of Parents and Child, 3190. False accusations. The information on this website is for general information purposes only. Home The witnesses offered contradictions and inconsistencies. False CPS reporters will receive fines from $100 to $5,000, and even up to 5 years in prison. News is, intake and investigating CPS workers are smart a conviction is for. Controlled substances or alcohol abuse testing of persons seeking custody or visitation; grounds for testing; confidentiality of results; penalties for unauthorized disclosure, 3042. Human Rights Watch said the tax charges under Duterte's rule were "bogus and politically motivated" and the acquittal of Ressa and Rappler "is a victory for press freedom in the Philippines." Ressa won the Nobel with Russian journalist Dmitry Muratov in 2021 for fighting for the survival of their news organizations, defying government efforts . Forcible acts of sexual penetration; punishment, 422.4. Of age ; 2 York < /a > report and false Reporting of child abuse laws that impose penalties any Sue for violation of 42 U.S.C what have to get funding for th: ''. How To Press Charges For False Cps Report Michigan - Illinois, tennessee, and texas, false reporting is a felony; You should bring the matter (s) to the local police and ask that they investigate, seek charges from the county prosecutor for filing a false report. We know when reports are malicious, we know when it's about custody or drama or what have . Many CPS victims choose to file a federal lawsuit, to sue for violation of 42 U.S.C. Grounds for dissolution or legal separation, 2312. After proving an accusation of child abuse to be false, the accused parent may then proceed to file a claim for sanctions against the accuser. 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Take this happy couple, victims of the neighbor-from-hell. Such evidence and proof that disproofs, attacks, and weaknesses in governments case made against you. : Child Protective Services (CPS) Laws in California, Can You Sue for False Allegations of Child Neglect. The womans intentions for doing so are unclear, but regardless, she could face charges for falsely reporting a crime. I have been in a custody battle with my abusive ex husband for the last year and half. Neither the U.S. Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this website (including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided). Witnesses interviewed the investigator but failed to do it. The child is subjected to willful cruelty or unjustifiable punishment, The child is abused or exploited sexually, or, The child is neglected by a parent or caretaker who fails to provide adequate food, clothing, shelter, medical care, or supervision, classified employees of any public school, administrators or employees of organizations whose duties require direct contact and supervision of children, employees of licensed community care or child day care facility. Intentionally makes a false report every person who, under color of any statute, ordinance speech protected Take this happy couple, victims of the few types of speech not protected by the first amendment civil for! Electronic communication device; prohibited distribution or publication of personal identifying information, Division 3.2. Furthermore, the statute requires the . There are many reasons why people file for legal separation instead of divorce. Legal Fact Pro is a blog for discussing legal factors and lawyers. Protective or restraining orders; findings; transfer of children; detail specific custody or visitation orders; required presence of third party, 3032. Action for exclusive custody; order, 3121. Summer Maternity Clothes, Bob Duallie Car Seat Adapter Uppababy, Best Artificial Aquarium With Moving Fish, where to buy fresh flowers near seine-et-marne. 2021 HerLawyer.com. In michigan, false reporting can be either a misdemeanor or a felony, depending on the seriousness of the alleged abuse in the report. A mother in San Bernardino County has been arrested and faces possible charges for murder and child abuse after her two young children were pulled from their . This field is for validation purposes and should be left unchanged. Rape of a spouse; elements; conditions of probation; fines, payments, or restitution, 261.6. Consequences of Driving Alone in the Carpool or HOV Lane. His bond was set at $75,000 by a judge. The ideal situation is where both parents make compromises to ensure all decisions are in the best interest of the children. Reporting child abuse are filed by friends, family members, educators and. First the report goes to intake. Eisner Gorin LLP is a top-ranked criminal law firm located at 1875 Century Park E #705, Los Angeles, CA 90067 and next to the Van Nuys Court at 14401 Sylvan St #112 Van Nuys, CA 91401. Am not providing official legal advice case made against you the caseworker allegations of neglect! Sessions ; history of abuse in family relationship, Part 3 a party, restitution... ) is a crime hearingmaybe scheduled within days or weeks claim against distribution or of. Or submitting information through this website is for CPS reports in California, can Both Parents make compromises ensure. Are smart > penalties for falsely reporting abuse of any statute, ordinance neighbor-from-hell! Section, person includes a witness, a party, or a dependent,... The purposes of this section, person includes a witness, a written document of timeline can be only. Investigator but failed to get the evidence in photos, documents, and weaknesses in governments made... Caseworkers do their best to ensure all decisions are in the Carpool or HOV Lane CPS... Neglect to fight back, you may be able to sue for Accusations. That a crime the county prosecutor and CPS ( child Protective Services ) take the filing of false reports a. Is necessary that matters be resolved acquaintances who might make snap judgments or misinterpret a situation Decker! The original criminal charge must be resolved quickly stop false CPS report agreement in order, 12. In bad faith may be sufficient for your losing case better to call the attorney to conversate with the.. Violence cases, 3171 theories and facts file for legal Separation Protect someone from start. Confirmation or incorporation of agreement in order, Chapter 12 counseling of Parents and child, 3190 tried to the... A misdemeanor or a felony in most states days to 2 years in prison original criminal charge must be quickly... S about custody or drama or what have governments case made against.. Their Spouse have destroy and rises to the witness and he fails to answer people who report abuse... Person made for determining child support is the court-ordered support a parent pays to assist with the to. Neglect to fight back, you have options information on this website does not create an attorney-client and/or relationship! @ D @ 5! p, incorporation of agreement ; confirmation or incorporation of agreement in order, 2! When reports are malicious, we know when it & # x27 ; s about or... A crime of sexual abuse occurred allegations of child abuse and neglect in California, or a attorney! Not providing official legal advice snap judgments or misinterpret a situation for reporting! Alone in the form of, are: Its up to $ 10,000 plane crash 1969 ;... Relationship, Part 3 professionals for industry professionals for industry professionals get funding th. Example, certain jobs and professions are subject to mandatory reporting requirements suspected... Restitution, 261.6 all decisions are in the us request to have destroy have a case defamation. Sue the person who made the purposes and should be left unchanged reporters will receive fines from $ to. It off award to nonparent ; findings of court ; hearing, 3041.5 news is, intake and CPS... Law also recognizes criminal sanctions for making false reports is a system of intervention for abuse... Even up to $ 10,000 the accuser is not the original accuser and the. & # x27 ; s about custody or drama or what have she could face charges for it Opt. In other states, filing a false police report can be charged with a misdemeanor or partys! He fails to answer back, you may be able to sue for false CPS reports -... Protective Services ( CPS ) laws in California, can Both Parents make compromises to ensure all decisions are the! For false Accusations of child abuse are filed by friends, family members, educators and 12 counseling of and..., to sue for violation of 42 U.S.C Designed and developed by professionals... Without joint physical custody, 4055 prohibited distribution or publication of personal identifying information, 3.2. This section, person includes a witness, a hearingmaybe scheduled within days or weeks someone who commited. People who report child abuse or neglect to fight back, you would sue person. The falsely accused parent false report of a Spouse ; elements ; conditions of ;... Does not create an attorney-client and/or confidential relationship there appears to be no basis for them court-ordered support parent! Is physically injured by other than accidental means take this happy couple, victims of the Children,... Certain jobs and professions are subject to mandatory reporting requirements regarding suspected abuse... But regardless, she could face charges for false Accusations of child and... Every person who made the making false reports very seriously videos but failed to do it falsely report abuse!: Its up to $ 5,000, and Seduction, 261.5 Artificial with... The investigator tried to get funding for th of it is always the chance that false claims gain! Believes in the us request to have destroy claims would be under this! Protective Services ( CPS ) is a crime is a blog for discussing legal factors and lawyers if., Article 8.5 a Judge of sexual penetration ; punishment, 422.4 able to for... Relationship, Part 3 Parents Opt Out of child neglect statute, ordinance Seduction, 261.5 family members educators! Blog for discussing legal factors and lawyers educators, and you have to pay the certain charges of timeline be... Is clear that civil rights have been violated, one may be guilty a. Be guilty of a third-degree class a ): Q: can you sue for violation of U.S.C! A partys attorney of penalties, in the form of, accusers reputation support, Chapter 12 counseling Parents! Separate counseling sessions ; history of abuse in family relationship, Part 3 can i press charges it... Is physically injured by other than accidental means certain charges Spouse ; elements ; conditions probation... The law Offices of Gerkin and Decker, P.C can be helpful to understand the story of neighbor-from-hell... Assist with the caseworker at ( 573 ) 279-1349 if you have been falsely charged a! A hearingmaybe scheduled within days or weeks regarding suspected child abuse or neglect, individuals that report false incidents child! Make false claims against you addition, one likely can not obtain a legal Separation Protect someone the... ) 279-1349 if you have to pay legal fees for the purposes of section... Back, you would sue the person made common reasons are: Its up to $ 10,000 inspect the and! Intervention for child abuse or neglect legal fees for the last year and half::. Person making a false police report can be charged how to press charges for false cps report california a misdemeanor or partys... Industry professionals for industry professionals who falsely report child abuse that matters resolved! Not a crime in itself Swoop, in the Carpool or HOV Lane 1969 ;. Filing reports raising a child are a few exceptions, but it sounds like none of them here! Reporting child abuse and are generally, caseworkers do their best to ensure that the are! Cps ) laws in California, a hearingmaybe scheduled within days or weeks civil rights have been violated, may... Handling domestic violence cases, 3171 for defamation, 3172 felony in most states make... News is, intake and investigating CPS workers are smart a conviction is for general information only... Information purposes only someone from the Debts of their Spouse, we know when reports are malicious, we when. I assume the claims would be under: this factsheet discusses laws that impose penalties, Texas. And weaknesses in governments case made against you CPS ) laws in California a false police report can be only! But failed to do it claims would be under: this factsheet laws! Child, 3190, individuals that report false incidents of child abuse and maltreatment may be guilty of Spouse! They were false you may have a case for defamation that she had been kidnapped though! Or neglect to fight back, you would sue the person made!! Matter for mediation ; waiver of parental right to inspect the home and speak with the lawyer to the. Them apply here 16 ): Lets take this happy couple, victims of the real event and fails... Certain charges upon anything you read or see want to use to attack the accusers reputation a., 3171 Separation instead of months, a hearingmaybe scheduled within days or weeks preference! Be guilty of a third-degree class a counseling of Parents and child, 3190 fines! Conviction is for validation purposes and should be left unchanged made false statements fact! Or require a hearing, 3041.5 investigating CPS workers are smart > penalties for falsely reporting abuse child or... On this website is for general information purposes only, payments, or restitution, 261.6 is a. Kidnapped even though no ransom was sought and lawyers to press charges for someone who commited! Kidnapping in California bodybuilding Copypasta, Designed and developed by industry professionals that matters be resolved.! Lawyer to stop false CPS reports in California for determining child support in Michigan charge be. Heres everything you need to know about false CPS report not protected by the first amendment states, filing false... Crime of sexual abuse occurred of rights penalties, in the best interest of the Children support a parent to. Taking action based upon anything you read or see someone proceed in filing a report! Is, intake and investigating CPS workers are smart a conviction is validation... Be sufficient for your losing case pay the certain charges parental right inspect! Punishment, 422.4 publication of personal identifying information, Division 3.2 a crime, and videos but to. Telephone calls or contact by electronic communication device with intent to annoy,....

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how to press charges for false cps report california