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How can you stop false reports of child abuse to DCF?

The Department of Children & Families (DCF) is required to receive and investigate allegations of child abuse as part of its mandate to protect children from abuse and neglect.

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.

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