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About CPS false reports NY FYI

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BL

Senior Member
What is the name of your state (only U.S. law)? NY

We all usually say there is nothing that can be done about repeated false reports .

It doesn't say if they were the same or different allegations though.

Woman made false child abuse calls

State police say a Dansville woman made bogus phone calls to the New York State Child Abuse Hotline.
25-year-old Elizabeth Fisk is accused of making those calls over several months. We're told Wyoming County Child Protective Services investigated Fisk's claims and found them to be false.
No children were injured. Police have not said why Fisk made the calls.
Fisk is charged with falsely reporting an incident. She is no longer in jail.
 


mistoffolees

Senior Member
What is the name of your state (only U.S. law)? NY

We all usually say there is nothing that can be done about repeated false reports .

It doesn't say if they were the same or different allegations though.
Even aside from this case, I wouldn't ever say that nothing could be done about false reports.

It is, however, extremely difficult to prove. First, you have to prove that the reports were false. Then you have to prove that the person KNEW they were false. That's going to be hard to do most of the time.
 

CJane

Senior Member
Some states have decriminalized false reporting - CA comes to mind.

In Missouri, filing a false report is a class A misdemeanor (punishable by up to 1 year in jail). In fact, when the ex and hislovelywife called DSS on me a few years ago, the caseworker provided me with all of the information I'd need to take to the prosecutor if they did it again, so that harassment and false reporting could be charged.
 

PQN

Member
We had a teacher call CPS on us, years ago. It was fully investigated and the finding was "unfounded" on the allegation against us and "maliciously reported" against the teacher. The teacher was told that it was her one and only warning and that the next time she was found to have called maliciously, whether against us or another family, CPS would go to the DA to have her arrested and charged. Of course, she was an idiot and basically admitted to the CPS investigator that she did it cause she was mad at us over an IEP-related disagreement.

People can get in trouble for misusing the hotlines. The hotlines need to be for true children at risk. Roughly 75% of all hotline calls are deemed unfounded. Too many people are calling for the wrong reasons. While there isn't a consequence for someone who calls with an honest concern, even if it is unfounded; those that intentionally call in a false report need to be sanctioned.
 

mistoffolees

Senior Member
We had a teacher call CPS on us, years ago. It was fully investigated and the finding was "unfounded" on the allegation against us and "maliciously reported" against the teacher. The teacher was told that it was her one and only warning and that the next time she was found to have called maliciously, whether against us or another family, CPS would go to the DA to have her arrested and charged. Of course, she was an idiot and basically admitted to the CPS investigator that she did it cause she was mad at us over an IEP-related disagreement.

People can get in trouble for misusing the hotlines. The hotlines need to be for true children at risk. Roughly 75% of all hotline calls are deemed unfounded. Too many people are calling for the wrong reasons. While there isn't a consequence for someone who calls with an honest concern, even if it is unfounded; those that intentionally call in a false report need to be sanctioned.
I agree, but it's really hard to know when something is an intentional false report. Look at all the times that people post here that their kids are being abused because they don't get filet mignon for dinner or have to drive a 3 year old car instead of a new Mercedes. People sometimes have a strange concept of what constitutes abuse and sometimes file claims that turn out to be unfounded - not because they're malicious, but because they honestly think something isn't right, or they only see part of the situation.

In the above case, the teacher admitted it was malicious - and she deserves to be punished. But I would hate to start down the path of punishing people who honestly think they're doing the right thing. After all, the message they should be getting is that if they think a child is being abused, the authorities should be notified.
 

BL

Senior Member
I agree, but it's really hard to know when something is an intentional false report. Look at all the times that people post here that their kids are being abused because they don't get filet mignon for dinner or have to drive a 3 year old car instead of a new Mercedes. People sometimes have a strange concept of what constitutes abuse and sometimes file claims that turn out to be unfounded - not because they're malicious, but because they honestly think something isn't right, or they only see part of the situation.

In the above case, the teacher admitted it was malicious - and she deserves to be punished. But I would hate to start down the path of punishing people who honestly think they're doing the right thing. After all, the message they should be getting is that if they think a child is being abused, the authorities should be notified.
I'm not sure if changes were made or not , but the hotline use to screen the calls .Those they thought that had merit would be filed .Those they deemed not to have the substance to proceed would tell the caller so.

We had an incident once when my GF's son was younger . He would need mental health admittances . Sometimes only for short periods . The last time staff said he needed to be released back home .We had a meeting and as the other poster stated " just because we wouldn't go along with their program " , a staff member became hostile raising their voice . In return I raised mine in argument .

Well we were leaving his mom said to the son she didn't want to take him home .Meaning she thought it was too soon .

Next thing ya know CPS was at the door . The Hosp. staff's accusations - we wouldn't take the child home and there were " concerns " , and that I was hostile toward the staff.

Totally unfounded as we did take the son home .

I complained to the State this was malicious .

We finally agreed to go in and have a meeting , and the Hosp. agreed to make changes in the way they evaluate and hold meetings ,satisfying the State .
 
Just a warning to people who call c.p.s. as a weapon against their x. Its the best and quickest way to get your children to hate you.
 

Rushia

Senior Member
The other problem is that anonymous reporting is still allowed. I haven't discussed this too much but I have had TWO reports against me since the end of April. The first case closed out and within three weeks the second one came through, I have yet to get the paperwork for this one. Quite frankly, I'm expecting another by the end of this month.

Both case workers told me that they KNEW it was a malicious report but as it was anonymous there is nothing to be done.
 

breezymom

Member
Quite frankly, not legally, but it really sucks that people have to report things maliciously and falsely. I've been having issues for a year. Now our child comes home with bruised fingerprints on her and I feel crappy for having to call, but I tell you, I ran the looks of the bruise by a friend first, then ran the issue by one of the national crisis counselors, and finally the state before I actually reported it and at that point I was told it *had* to be reported, due to the age of the child and the nature of the bruise and location, as well as past history. So why do I feel like crap and people like this just do this for revenge or what have you?

It is like anything else where one prays that because folks make false reports like these that it hopefully doesn't affect the outcomes of the reports that are actually valid.
 

LdiJ

Senior Member
The mother of one of my daughter's friends was charged with malicious false reporting. I was one of her victims many years ago. However she didn't just make malicious reports to CPS. She called any organization she could thing of if she was mad at someone.

She would call a hospital where a nurse was employed and tell them that the nurse was stealing drugs. She would call a US goverment agency and tell them that an employee was married to an illegal immigrant. She would call animal control, the health department and anyone else she could think of.

She got in pretty serious trouble, but did not go to jail. She was given a suspended sentence and 8 years probation, and if she did it again, she would have to serve her sentence.

Its a real catch 22 though, because many people would not call CPS in situations where children were truly being abused or neglected, out of fear of reprecussions...if they could not be anonymous. Yet at the same time, the ability to be anonymous leads to abuse.
 

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