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tmr76

Member
What is the name of your state? IL

Recently, I posted something about this in the Family Law section, but no responses were posted - I may have posted it in the wrong area... please excuse me.

A false report was recently placed on myself and my husband with DCFS - they've unfounded it and marked it as harassment. I found the following on the net regarding false reports: Any person who knowingly transmits a false report to the Department commits the offense of disorderly conduct under subsection (a)(7) of Section 26-1 of the Criminal Code of 1961. A first violation of this subsection is a Class A misdemeanor, punishable by a term of imprisonment for up to one year, or by a fine not to exceed $1,000, or by both such term and fine. A second or subsequent violation is a Class 4 felony.

Does this mean that the States Attorney can/will prosecute or do I have to hire a lawyer to subpoena the records/reports and then pursue in civil court? We want to defintely find the name(s) on the report in order to determine our next action.... but who begins this process? Any advice/comments/suggestions are appreciated.
 


HomeGuru

Senior Member
tmr76 said:
What is the name of your state? IL

Recently, I posted something about this in the Family Law section, but no responses were posted - I may have posted it in the wrong area... please excuse me.

A false report was recently placed on myself and my husband with DCFS - they've unfounded it and marked it as harassment. I found the following on the net regarding false reports: Any person who knowingly transmits a false report to the Department commits the offense of disorderly conduct under subsection (a)(7) of Section 26-1 of the Criminal Code of 1961. A first violation of this subsection is a Class A misdemeanor, punishable by a term of imprisonment for up to one year, or by a fine not to exceed $1,000, or by both such term and fine. A second or subsequent violation is a Class 4 felony.

Does this mean that the States Attorney can/will prosecute or do I have to hire a lawyer to subpoena the records/reports and then pursue in civil court? We want to defintely find the name(s) on the report in order to determine our next action.... but who begins this process? Any advice/comments/suggestions are appreciated.
**A: I read your post that you are referring to and had no comment at the time. Since you brought it up again my comment now is to hire an attorney and litigate.
 
D

dweezer

Guest
People who report alleged child abuse or neglect in good faith cannot be held liable for damages under criminal or civil law. In addition, their names are not given to the person they name as the abuser or to anyone else unless ordered by a hearing officer or judge. Members of the general public may make reports without giving their names.
 

tmr76

Member
dweezer: Yes, I saw that on the site right above the portion I posted above. In one sentence they say you can report and not be held liable but on the bottom of the site - they say you can be prosecuted because falsely reporting is considered a criminal act. So I guess the mystery lies in whether or not it can be proven as "knowingly false"..... However, one would think that if the report is unfounded and the letter states "false report" you have grounds.... who knows. I have a call in to an attorney to further explore. Thanks for the replies.
 
D

dweezer

Guest
As you correctly state, it is proving that it was a false report. As CPS encourages joe public to report any and all perceived abuses, this may well wind up as a no fault report. What you do have working in your favor is the report in hand. If CPS returns, ask them if it is the same person reporting these alleged "abuses". CPS should be able to inform you of the steps you can take against these false reports.
 

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