FALSE REPORTING OF DEPARTMENT OF CHILDREN &

Transcription

1 FALSE REPORTING OF CHILD NEGLECT OR ABUSE DEPARTMENT OF CHILDREN & FAMILIES

2 A False Report is Defined in FS as: A report of abuse neglect or abandonment of a child to the hot line which is maliciously made for the purpose of: Harassing, embarrassing or harming. Personal financial gain. Acquiring custody of a child. Personal benefit.

3 A False Report is not: Reports made in good faith. Reports based on reasonable suspicion of abuse, neglect or abandonment.

4 Burden of Proof: Chapter (5): preponderance of the evidence. Chapter 415: Clear and convincing evidence.

5 CFOP is Your Guide. Factors to consider to determine whether a report is a false report. Factors to consider in determining the amount of the fine. Provides samples of the notice of proposed agency action and the notice of intent to impose a fine.

6 Processing a Suspected False Report, the PI s actions: Dt Determine ifthere is any evidence to substantiate the report. If substantiated the report tis probably bl not tfalse. Determine if the reporter maliciously made the report. Determine if it can be proven that the reporter made the report with the intent to harm the alleged perpetrator p or gain an advantage.

7 PI s Actions Continued: If the PI has questions as to the evidence, the PI and PI Supervisor may consult with the Managing Attorney. If the PI determines that the above criteria have been meet, the PI will have the alleged perpetrator sign a consent to refer the case to law enforcement. The PI advises the alleged perpetrator p that there are civil and criminal remedies.

8 PI s Actions Continued: PI completes the District i t 13 False Report referral form. The PI delivers to the Managing Attorney, the False Report Form, the Consent Form, a copy of the Report, a copy of the IDS or chronos and any prior reports that support that the report was false.

9 DISTRICT 13 FALSE REPORT REFERRAL FORM: Submitted when the CPI believes a false report was made and includes the following: FAHIS/HSN Case no. Name of child(ren). Reason CPI believes that this is a false report including the allegations that were proven to be fl false. Possible Motive for making the false report.

10 FALSE REPORT REFRRRAL FORM CONTINUED: Name and address of the reporter. Prior reports from the same or anonymous reporter with similar allegations. Does the alleged perpetrator wish for the reporter to be investigated. DO NOT give to the alleged perpetrator the name or identifying information of the reporter. Attach a copy of the report and any prior reports.

11 Managing Attorney Actions: Will review the documents and make a determination if there is legal sufficiency to pursue penalties for a false report. Deliver a memo regarding his findings and conclusions to the PI and PI supervisor. If the report is processed for penalties, he will advise the PI and the PI supervisor of the status of the case.

12 Civil Penalties Chapter states: t Fines may not exceed $10,000 Each false report is a separate violation.

13 Factors to Determine the Amount of the Fine{39.206(6)} Gravity of the violation. Physical or emotional harm. Severity of actual or potential lharm. Nature of the allegation. Attempt to retract-mitigation. Attempt to encourage others to false report - Aggravation. Previous false reports by the same individual.

14 Administrative Fines for False Reporting: Normally a $

15 Notice of Proposed Agency Action. CFOP , Appendix A. Allegation of false report. Name, age,address of the subject of the report. Facts constituting a false report. Proposed fine. Notice that a response to the proposed Notice that a response to the proposed action is due within 20 days.

16 Notice of Intent and Order Imposing an Administrative Fine. (Appendix B) Allegation of false report. Name, age and address of the subject of the report. Facts constituting i the false report. Proposed Fine. Notice that failure to request an administrative hearing within 60 days constitutes a waiver of the right to a hearing.{see FS (2),(4)and (4)and CFOP }

17 Notice to False Reporter. Notice must be given by certified mail, return receipt requested. FS (3)

18 Funds Collected. Deposit into a Trust tfund of fthe Department. Local clearing fund account and journal transferred to the Dept. Sec. Admin. Trust Fund. FS (8) CFOP , 19 paragraph 6.d.

19 Confidentiality of a False Reporter??? A false reporter is not entitled to confidentiality, see FS (9). Subsequent to all proceedings, the name of the false reporter and the nature of the false report shall be made public. Information identifying the false reporter shall be admissible in any civil and criminal proceedings.

20 Referral to law enforcement. The Department t shall,with the consent of the alleged perpetrator, refer the report to the local l law enforcement agency after the Department completes it s investigation and dt determines the report tto be Fl False. See FS (5).

21 Criminal Penalties. Any person who knowingly and willfully makes a false report, or encourages another to make a false report is guilty of a third degree felony. See FS (6)

22 Civil Damages: A person may recover civil il damages suffered, including reasonable attorney fees and costs, as a result of fthe false report. See FS (10).