united-states children child-abuse
What are the penalties for filing a false report to Child Protective Services?
<p>I have essentially 3 questions:</p>

<p>1) If someone knowingly files a false report of child abuse to an organization which oversees child welfare (ex Division of Family and Children Services in Georgia), and is found to have done so - have they committed a crime?  What are the penalties for this action?</p>

<p>In some states, the answer seems to be pretty clear.  Arizona, for example, has <a href="http://law.justia.com/codes/arizona/2011/title13/section13-362001" rel="nofollow noreferrer">AZ Rev Stat § 13-3620.01 (1996 through 1st Reg Sess 50th Legis)</a> which states that:</p>

<pre><code> A. A person acting with malice who knowingly and intentionally makes a 
false report of child abuse or neglect or a person acting with malice 
who coerces another person to make a false report of child abuse or 
neglect is guilty of a class 1 misdemeanor.

B. A person who knowingly and intentionally makes a false report that a 
person has violated the provisions of subsection A of this section is 
guilty of a class 1 misdemeanor. 
</code></pre>

<p>However, my understanding of <a href="https://www.childwelfare.gov/pubPDFs/report.pdf" rel="nofollow noreferrer">this document</a> on childwelfare.gov is that this is not a federal crime, and that penalties vary by state.  According to the same source, 22 US states and territories do not specifically mention any penalties for false reports of child abuse* - does this mean it is not a crime in those states?</p>

<p>2) What might happen to an individual who knowingly files a false report of child abuse, and then submits a signed written statement indicating that this took place along with an apology and some sort of justification?</p>

<p>3) What justifications might permit such actions without consequences?</p>

<p>Some examples:</p>

<p>A mental illness which is usually treated by medication that went temporarily untreated  </p>

<p>An appeal towards some great emotional distress</p>

<p>Say Jane Doe calls child protective services to report that her nephew, John is being mistreated after she has been unable to see her nephew for months because of an argument with the child's parents.  Jane is very fond of John and cares for him like a parent.  She becomes so worried about her nephew that she calls cps because she is (unreasonably) afraid that he might not be eating enough.  Has Jane committed a crime?  Is there any way for Jane to recount her false report without admitting to committing a crime?</p>

<p>*This document claims that in regards to false reporting of child abuse in Alabama, Alaska, American Samoa, Delaware, District of Columbia, Georgia, Guam, Hawaii, Maryland, Mississippi, Nevada, New Hampshire, New Jersey, New Mexico, North Carolina, Northern Mariana Islands, Puerto Rico, South Dakota, Utah, Vermont, West Virginia, and Wisconsin:</p>

<pre><code>This issue is not addressed in the statutes reviewed. 
</code></pre>

<p>States which do not have a specific statute prohibiting false reports of child abuse, may have more general statutes whichg prohibit "filing a false report", "Providing flase information during an investigation". or "lying to an investigator" or some similar offense. </p>

<p>Also, such a false report might be defamatory.</p>

<p>Knowledge of the specific state laws would be needed to address a specific situation. In any actual case, I would urge the person who is the subject of a false report to consult a local lawyer who could advise on the available laws and remedies. </p>

<p>The law distinguishes between reports made in good faith that turn out to be erroneous, and false reports made maliciously. In your Jane Doe example it seems that Jane is genuinely concerned, in which case the report is not malicious. As long as Jane made no false statements then she has not committed a crime. If she says "I'm worried that John is not eating enough" then she is speaking honestly. If she says "I know that he is not eating enough" when she is just guessing then she is guilty of making a false report.</p>
