Visitor Question

Can I sue CPS and a court mandated reporter for not reporting abuse?

Submitted By: Kylie (California)

I just turned 18 and left my abusive mother. My little sister is still living with her. We have both told the Police, CPS (Child Protective Services), and the court mediator and 733 evaluator about the abuse, and on one occasion my mom admitted it in court, but nothing is being done.

Can I sue the county and all the people mentioned above civilly for doing nothing? From what I can see, it’s the only way to help my little sister get out of there. What else can I do to get my little sister out of that abusive situation? Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.


Dear Kylie,

If you believe your sister is in danger, it is incumbent upon you to continue to contact the California Department of Child Services and the local police to report the abuse.

Go here: Report Abuse to report the abuse to the California Department of Social Services.

The 733 evaluation you refer to takes anywhere from one (1) to three (3) months to be concluded. The evaluation can include the following actions:

– Interviewing parents, family members, friends, teachers, and other third-parties

– Observation of the Parent-Child relationship

– Psychological testing

– Review of reports and other documents

– Home visits

You are prohibited by law from suing the the county. Under the legal doctrine of Sovereign Immunity, governmental agencies and their employees, while acting within the scope of their duties, can not be sued, unless they agree to be sued.

For more information on Sovereign Immunity go to:

National Conference of State Legislatures

Finally, inasmuch as you are 18 years old and an adult, there is no legal prohibition against your removing your sister from the abuse environment. As long as you can do so without causing harm to your sister or to others, you may take such action as you believe required to protect your sister from further abuse.

Learn more here: About Child Abuse & Restitution

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.

Find a local attorney to give you a free case review here, or call 888-972-0892.

We wish you the best with your claim,


3 thoughts on “Can I sue CPS and a court mandated reporter for not reporting abuse?

  1. Theresa says:

    When our children are failed by the court’s lack of interest and laziness by using a blanket form of “mother gets kids, dad pays,” type of sausage grinder, they are supposed to do the best interest of kids, not of mom or dad.

  2. Mark says:

    I am not an attorney and this is not legal advice.I believe you can get around the immunity if the actions are outside of their official job description, especially if it is a violation of their required job description.

    I don’t know, but if you have massive amounts of money to pay an attorney and you find one who is not morally bankrupt, (good luck) you should be able to hold the county responsible for their behavior.

    I suggest seeking God for justice and healing. It is better for a millstone to be hanged around their neck and be cast into the sea than to offend one of his little ones. Vengeance is mine says the Lord. I WILL repay. I’m sorry you went through that and I pray for your healing and prosperity.

  3. Stacey says:

    Who will take on retired country officials for the abuse of a child when they did not follow the law as written for them to protect?

    According to the law codes, the responsible individuals within the county where the abuse occurred could not be prosecuted because they were still in office or active duty.

    I was told that just like I was sexually abused by my stepfather and birth mother, the General Assembly could pass me around and rape me repeatedly and not be charged because they were active in office.

    What kind of world is this?

Leave a Comment

Don’t ask a personal injury question here – comments are not reviewed by an attorney. Ask your question on this page. Required fields are marked *