New Oregon Law Reguarding Child Abuse Reports

[AlmostThere]

Frankly, the bill that goes into law on 1/1/12, where falsely filing child abuse claims can results in fines, scares me.

Relating to reporting of child abuse.

No-one should have to balance the need pay their bills, keep food on their tables, with the need to protect their child. While the intent of the law is good - to prevent false allegations in the scope of a couple going through a divorce, many children may end up paying the ultimate price.

 

[mistoffolees]

Frankly, the bill that goes into law on 1/1/12, where falsely filing child abuse claims can results in fines, scares me.

Relating to reporting of child abuse.

No-one should have to balance the need pay their bills, keep food on their tables, with the need to protect their child. While the intent of the law is good - to prevent false allegations in the scope of a couple going through a divorce, many children may end up paying the ultimate price.

Like many such laws, it depends on the interpretation. As long as the courts don't start extending the law beyond it's stated wording, it's probably OK. Note that it requires that the person filing the complaint must know that it's false - and that would require the prosecutor to prove that the person filing the complaint knows that it's false. Furthermore, it requires that the intent be to influence the child custody decision (which will, of course, be difficult to prove).

If someone knows that a complaint is false and files it anyway with the intent of depriving the child of an appropriate relationship with the other parent, then I think that they SHOULD be punished.

 

[DownTime]

Since an investigation will still be had, the children in a bad situation will still be helped, yes?

It will fall on the organization to prove false allegations, but calling DCF hoping to become sole parent happens a lot. I have had 4 visits, myself, that all were false, and the complaint was no utilities just to get the investigator in the house, hoping to see that I am a "lenient" housekeeper lol.

In order to file false allegations, I would have had to go to the state attorneys office and open a case with them, and frankly it would not do much.

Having a clearly defined penalty in my state, with the investigating agency at the helm who saw that the allegations were false with their own eyes, would have made a difference for me after the first visit.

 

[AlmostThere]

Like many such laws, it depends on the interpretation. As long as the courts don't start extending the law beyond it's stated wording, it's probably OK. Note that it requires that the person filing the complaint must know that it's false - and that would require the prosecutor to prove that the person filing the complaint knows that it's false. Furthermore, it requires that the intent be to influence the child custody decision (which will, of course, be difficult to prove).

Misto: I hope you are right.

 

[commentator]

When the divorce war is on, it is truly amazing what a large percentage of fathers and mothers suddenly become child abusers and molesters, keep them in dirty houses, don't take the proper care of them. You'd think the other adult parties would've noticed it was going on BEFORE the divorce procedings, wouldn't you? I think this is a jim dandy law. Just having it on the books is a good way to discourage the frivilous use of this social services agency to harrass the other party. And suspicions of true child abuse, where the person reporting is really concerned, isn't going to be seriously affected, IMHO. It just addresses that little malicious jab they can take at the other party which uses up state resources and takes up the time of the caseworkers.(not to mention putting the child through a stressful situation).

 

[breezymom]

The way misto explains it, it reminds me of "filing a false police report." It should be a good thing and make at least some of the folks who *should* be held accountable just that--accountable.

I wouldn't be too worried. I've had a police report turn up to be wrong and one unfounded CPS report. The difference is, both knew I was serious and had valid concerns and that I wasn't doing it just to get back at the father. I did it out of concern and, honestly, fear. And they knew I had reason for both.

Really, these should be things you can ask the other parent about, like our caseworker said. However, I know myself that that isn't always possible. Sometimes it's better to have a situation watched to make sure it's safe than to discuss it always and possibly put the child in more danger. But that's what the National Child Abuse Hotline is there for: They have crisis counselors who will talk through a situation with you, so that you don't end up reporting something that can easily be discussed. They were who I called first and they were very helpful and they are there for that and recommending whether the situation needs reporting: They do not do the actual reporting themselves.

I hope this helps to ease any anxiety over the new law.

 

[Rushia]

Besides, it's apparently easy to get around that by filing the report anonymously. My husband and I had been talking about moving to PA. The kids told the GP who has the visitation order and BOOM! CPS is at the school talking to the kids. Then out to my home. CPS worker felt the report was unfounded and malicious (this one was that we were abusing the older two). That one no more cleared when the second one came in about the home. Different CPS worker came out and said the same (unfounded and malicious). Because the report was anonymous though there wasn't anyone I could go after although I KNEW who had done it.