DCF relies on the public to report suspected child abuse. In Florida, everyone is legally required to report suspected child abuse. It is a crime to fail to report suspected child abuse. F.S. 39.205.

DCF receives abuse reports either by telephone or through their website. The phone number to make an abuse report is 1-800-96-ABUSE (1-800-962-2873). The website address for electronic submission of abuse reports is https://www.myflfamilies.com/services/abuse/abuse-hotline.

Any person who makes an abuse report in good faith is immune from liability. F.S. 39.203(1)(a). But sometimes reporters misuse the system to get an advantage in a divorce or paternity case, especially when parent timesharing is involved.

A false report is defined by law to include a report that is maliciously made:

• to harass, embarrass, or harm another person;
• for personal financial gain by the reporter;
• to obtain custody of a child; or
• for personal benefit for the reporting person in any other private dispute involving a child.

It is a crime to make a false report to either law enforcement or DCF. F.S. 837.05, F.S. 39.205(9). DCF may impose fines or refer the matter to the state attorney for prosecution. A person that makes a false abuse report may also be civilly liable for damages and attorney’s fees.

DCF has internal guidelines that supplement statutory law as to whether an abuse report is a “false report.” Obstacles to proving a false report include proving the reporter knew the report to be false when made and that the reporter’s intended purpose for making the report was to harass, embarrass, or harm another person or to get custody of a child.

There is often a gap between what the target of an abuse report knows to be false and what can be proven to be false. Many abuse investigations are closed without verified findings of abuse. This is not the equivalent of a finding that the report was false. Just because the investigator cannot corroborate an incident does not mean the incident did not occur. If, however, the investigator establishes facts that directly contradict the abuse report, then the abuse report would likely be considered a false report.

Malicious intent can also be difficult to prove. A report is not false just because the reporter has conflicting interests with the person who is being reported. There must be sufficient evidence to overcome a defense that the report, though misdirected or based on misunderstanding, was made in good faith.

We have over 15 years of experience representing parents in dependency cases. Call DeVoe Law Firm to assist you with a request for agency action if you are the victim of a false report to DCF or to defend you against allegations of false reports to DCF.

Michael DeVoe is a divorce attorney in Orlando, Florida practicing contested divorce, uncontested divorce, timesharing, visitation, custody, paternity, child support, injunctions, and other family law cases.

While criminal cases require proof “beyond a reasonable doubt,” DCF investigations and judicial cases typically rely on the “preponderance of the evidence” standard, meaning they assess whether it is more likely than not that abuse, neglect, or other issues occurred. DCF can proceed with its investigation or case even if the criminal charges are dropped, if it believes there is sufficient evidence to support the allegations under the lower burden of proof to which they are held.

That is just one example of overlapping cases. A single fact pattern can result in a criminal case, a dependency case; an injunction, a temporary custody case, and/or the re-opening of a divorce or paternity case. Overlapping cases frequently occur when a fact pattern involves allegations of abuse, neglect, or domestic violence. For instance, if a parent is accused of physically harming a child, DCF may initiate a dependency case to ensure the child’s safety and determine whether the parent should retain custody. At the same time, law enforcement may investigate the incident, leading to criminal charges like child abuse or battery. Additionally, the other parent or guardian might seek an injunction for protection against domestic violence to prevent further harm to the child or themselves. The other parent may also re-open a divorce or paternity action to modify the long-term parenting plan that governs child custody and timesharing rights. These cases, though separate, stem from the same set of facts and may involve overlapping evidence and witnesses.

If you are involved in multiple, overlapping cases, consulting an experienced family law attorney would be beneficial to better understand your rights and options. DeVoe Law Firm has helped many clients in these situations with positive results. Give us a call today.