False abuse allegations

[carofl93]

State is FL.

What is the procedure for filing against a person for filing false abuse charges with DCFS? This is the second time that my husband's ex has done this, and I think she needs to see that it's serious. Both times the investigators have found no evidence and the files have been closed out. The first time she filed was about 3 years ago; the second about 2 months ago, so I'm not sure if there is a SOL.

I'm not looking for monetary gain, I just want this woman to know that she can't keep wasting taxpayer dollars with her petty little lies. We have their daughter living with us full time, and she has had zero contact with their child for over 3.5 years. According to the Florida DCFS website it is a misdemeanor to file falsely. Would this mean a fine or something like that?

If you need more info, please ask. I don't want to overwhelm the board with too much.

Thanks,
Carol

 

[ceara19]

State is FL.

What is the procedure for filing against a person for filing false abuse charges with DCFS? This is the second time that my husband's ex has done this, and I think she needs to see that it's serious. Both times the investigators have found no evidence and the files have been closed out. The first time she filed was about 3 years ago; the second about 2 months ago, so I'm not sure if there is a SOL.

I'm not looking for monetary gain, I just want this woman to know that she can't keep wasting taxpayer dollars with her petty little lies. We have their daughter living with us full time, and she has had zero contact with their child for over 3.5 years. According to the Florida DCFS website it is a misdemeanor to file falsely. Would this mean a fine or something like that?

If you need more info, please ask. I don't want to overwhelm the board with too much.

Thanks,
Carol

It is illegal to file a false report. DCFS would be the one to pursue criminal charges. But it's not as simple as it sounds though. Just because DCFS finds no evidence to support the report, doesn't necessarily mean that the report itself was false. All too often TRUE reports of abuse and/or neglect can't be substantiated with enough evidence for DCFS to take action. If I report my neighbor for beating their child with a rubber hose, there would be physical evidence of the abuse as long as an investigation was done quickly. If I say that my neighbor allows their 2 year old child to play in the middle of the street wearing nothing but a dirty diaper that looks like it hasn't been changed in a week and DCFS comes out the next day and finds the child inside, clean and fully clothed, my accusations can't be proven even though they are true.

2 reports, 3 years apart are not likely to raise any red flags with DCFS. However, if she continues making false reports, they will catch on. If the accusations are such that there would have been PHYSICAL evidence, like visible bruises or broken bones, DCFS would be more likely to pursue charges for filing a false report.

 

[carofl93]

Thank you Ceara

I appreciate the time and thought you put into your reply as well as the answers I was looking for. The abuse that bio-mom is claiming is mental abuse...not so easy to prove as the physical sort. My stepdaughter told the DCFS worker that she is happy here, and that she is loved. There is no abuse...mental or physical...in our home. It is not my stepdaughter's fault that her mom and dad split up, nor is it her fault that her mom isn't adult enough to be a part of her life. I try to do the best I can to let her know that she is loved and a part of my family even though I am not her mom.

Biomom just gets these wild hairs and decides to play games...usually a precursor to a court date.

Thanks again.

Carol