CPS Question (crime, law, safety)

[bayarea2010]

Is it a crime (illegal) to file a report on someone about what one might think is child abuse?

I ask because someone I know got accused of child abuse and someone reported it. Now they (husband and wife) are trying to figure out who did it and they are telling family and friends that when they find out who did it, that they are going to sue and put them in jail for the false accusations.

I'm no law expert, but that sounds ridiculous to me, but then again, our law system is not all that great at times.

What is your input?

Thanks!

[sherrieRN]

Hello ~ I am a nurse and a mandated reporter for CPS. I work in an ER and make a lot of CPS reports. CPS will generally follow up on a report and if the report is unfounded ~ they will close the case. It is not illegal to make a report ~ in fact ~ it is necessary for the safety of children. However, to make a report that is done for revenge or out of spite ~ to an organization that is overworked and stretched to the breaking point ~ it is thoughtless and mean ~ and if it is found out that the reason a report was filed was vengeance ~ I am sure the parents would be able to file a civil complaint.

[bayarea2010]

I agree with you.

The person I know that was accused of child abuse has quite a few people (from what I know) that are saying the same thing (that they have witnessed the abuse taking place and such). I do not believe that this person was reported for vengeance. I believe that this person was reported on factual events that have taken place and tha people witnessed.... and finally had the couorage to file a report for the safety of the child/ren.

Also, I would not be surprised if the person does file a civil complaint because this person has a history of suing (already has 3 cases that this person has sued against companies, including a neighbor).

With that said, I am pretty sure that if this person puts a civil complaint, that the other party/ies would put one on this person as well.

☺ Thanks!

[Curmudgeon]

If they made an anonymous report to a mandated reporting agency (police, social services, child protective services, etc.) their identity will not be known or revealed and the agency is required to follow-up on the complaint.

[sherrieRN]

bayarea2010 ~ thank goodness someone had the guts to call CPS!! I know I always give my name to reporting agency ~ but reports can be done as an anonymous report ~ and CPS will not release the name. You know ~ anyone can file a suit ~ but they would not have a leg to stand on ~ the sad thing is it ties everyone up ~ tell the people that filed to let CPS know NOT to release their names.

[CAVA1990]

The only ones liable to go to jail in this scenario would be the alleged abusers - for witness intimidation.