That makes it more difficult. Much more difficult.
IF CPS had jurisdiction, then the hospital is not liable for the release to the father. You fight would be with CPS (at least for the release issue).
Now...for the hospital...is there a case regarding reporting to CPS?
Likely no...The law makes the hospital a "mandatory reporter"...basically, the law requires the hospital to report any case where there is evidence of abuse. The law does not require the hospital to investigate the matter, merely to report. And there are stiff penalties for not reporting.
So you have an uphill battle to sue the hospital.
If you can show that there was no reasonable evidence of abuse? That there was no evidence that even suggested you had engaged in illegal drug use during pregnancy (since illegal drug use during pregnancy would be something that the hospital would be required to report)? Then you could sue the hospital for defamation
. Defamation occurs when a person or organization lies about you and that lie harms your reputation.
You would need a lawyer with experience in defamation claims.
You can find one herehttp://www.calbar.ca.gov/Public/LawyerReferralServicesLRS.aspx
But as I mention, this may be a tough case. You basically have to prove that the hospital knew that you never used drugs but lied to CPS....if you can show that, you can sue them for defamation.
Let me know if you have more questions....happy to assist if I can