How to Press Charges for a False CPS Report in Indiana

To press charges for a false CPS report in Indiana, file a written complaint with your county prosecuting attorney under Indiana Code 31-33-22-3 once any related DCS assessment or criminal charge involving you has closed. The prosecutor is then required by statute to review the DCS records and other relevant evidence and decide whether to charge the person who made the report.¹ The same statute also lets you sue the reporter for damages, and the two tracks run independently.

Who Can Start the Prosecution

Indiana Code 31-33-22-3 opens two doors to charges. The DCS director or their designee, after consulting with department counsel, is required to notify the prosecuting attorney whenever they have reason to believe someone violated the statute. That is the internal referral route, and it happens without any action from you.¹

The second door is yours. If you believe you were the target of a knowingly false report, you can file a complaint directly with the prosecuting attorney. There is one timing condition: you cannot be named in a pending criminal charge or under an active DCS assessment tied to the report at the moment you file. Once your complaint is in, the prosecutor is required to review the DCS child abuse or neglect records and any other relevant evidence.¹

Practically, the complaint goes to the prosecuting attorney in the county where the false report was made or where the resulting investigation took place. Put it in writing. Identify the reporter, describe the report and its outcome, and lay out the facts that show the person knew it was false when they made it.

What the Prosecutor Has to Prove

The statute targets a person who “intentionally communicates” a report of child abuse or neglect to DCS or law enforcement “knowing the report to be false.” Two elements do the work: the communication has to be intentional, and the reporter has to actually know the information is false at the time they make it. Motive is not part of the statute. A prosecutor does not have to prove the reporter was trying to win custody or get revenge, only that they knew what they were saying was untrue.¹

That knowledge element is where most cases turn. Prosecutors are cautious about charging in this area because they do not want to discourage people from reporting real concerns. The cases that get filed tend to have hard evidence of fabrication: text messages or social media posts where the reporter admits the story was invented, a pattern of repeated unfounded reports timed to custody hearings, or allegations describing things the reporter could not have believed were true. Your complaint is stronger when you can point to that kind of evidence rather than to the mere fact that DCS closed the case as unsubstantiated. An unsubstantiated finding by itself does not prove the reporter lied; it only means DCS did not confirm the allegation.

Penalties the False Reporter Faces

A first offense under Indiana Code 31-33-22-3 is a Class A misdemeanor, which carries up to one year in jail and a fine of up to $5,000.² If the reporter has a previous unrelated conviction for the same offense, the charge rises to a Level 6 felony, with a sentencing range of six months to two and a half years, an advisory sentence of one year, and a fine of up to $10,000.¹

The general false informing statute at Indiana Code 35-44.1-2-3 can sometimes apply as an additional or alternative charge, particularly when the false report was made to police as a crime report rather than routed through DCS. It starts as a Class B misdemeanor and can rise to a Class A misdemeanor if the false information substantially hinders law enforcement or causes harm.³ For a knowingly false abuse or neglect report, though, 31-33-22-3 is the sharper statute and the one prosecutors typically use first.

Suing the False Reporter

Indiana Code 31-33-22-3 builds a civil cause of action into the same statute that creates the crime. A person who knowingly files a false child abuse report is liable to the accused for actual damages, and the judge or jury may also award punitive damages and attorney’s fees.¹

Actual damages typically cover the concrete costs the false report caused you: attorney’s fees to defend against the DCS assessment, lost wages, therapy or counseling costs, and the financial fallout if a child was temporarily removed. Punitive damages are what give the civil remedy real weight, because they let a jury punish the reporter beyond simply reimbursing you.

You do not need a criminal conviction to sue. The civil track and the criminal track are independent, and civil cases use a lower burden of proof than criminal ones. A prosecutor who declines to file charges has not decided your civil case, and you can proceed regardless.

When a Government Actor Is Involved

The state statute reaches the person who filed the false report. If a DCS caseworker or law enforcement officer went beyond investigating the report and violated your constitutional rights along the way, a federal civil rights claim under 42 U.S.C. § 1983 may be available on top of what state law provides. A §1983 claim requires showing that someone acting under color of state law deprived you of a constitutional right, such as the right to familial integrity or due process.⁴ These claims are fact-specific and complex, and they are separate from any action against the reporter.

Evidence to Preserve Now

The strength of your complaint and any civil case depends on what you can document. Start pulling material together while it is still available.

Every communication with the person you believe made the report: texts, emails, voicemails, social media messages, and posts.
A written timeline of events, including when the report was made, when DCS contacted you, every visit or interview, and when the assessment closed.
Records of every cost the investigation created for you: legal bills, missed work, counseling, travel, and any expenses tied to a child’s temporary placement.
The DCS assessment findings once the case is closed. Request a copy in writing.
Names and contact information of anyone who witnessed the reporter say the allegations were untrue or who can speak to their motive.

A lawyer experienced in Indiana family law or criminal defense can help you decide whether to pursue the criminal complaint, the civil suit, or both, and can package your evidence for the prosecuting attorney in a form that is easier to act on.

The Good-Faith Reporting Line

Not every wrong report is a criminal one, and it matters to understand where the line falls before you file a complaint. Indiana requires every person who has reason to believe a child is being abused or neglected to report it.⁵ To make that mandate workable, Indiana Code 31-33-6-1 gives anyone who reports suspected abuse or neglect immunity from civil and criminal liability, even if the report turns out to be unsubstantiated. The immunity also covers people who assist in the resulting investigation or testify in related proceedings.⁶

The dividing line is knowledge. A person who genuinely believed the child was in danger is protected, even if they were wrong. A person who knew the report was false and made it anyway is not. If the reporter had a plausible reason to be worried, a prosecutor is unlikely to charge and a civil claim will struggle. If you can show the reporter fabricated the story, both remedies open up.

1
Indiana General Assembly. Indiana Code 31-33-22-3 – False Reports; Criminal and Civil Liability
2
Indiana General Assembly. Indiana Code 35-50-3-2 – Class A Misdemeanor
3
Indiana General Assembly. Indiana Code 35-44.1-2-3 – False Reporting; False Informing; Swatting
4
Office of the Law Revision Counsel. 42 U.S. Code 1983 – Civil Action for Deprivation of Rights
5
Indiana General Assembly. Indiana Code 31-33-5-1 – Duty to Make Report
6
Indiana General Assembly. Indiana Code 31-33-6-1 – Immunity From Civil or Criminal Liability