How to Avoid False Accusations of Child Abuse
By: Kari Mumy
Tags: Poverty, Child Protection, Child Abuse, Minority Rights, Disability Rights

Nothing in this post is intended to provide legal advice or replace the advice from a licensed attorney. For answers to specific circumstances, consult a licensed attorney in the relevant state, district, or province.

The old saying that an ounce of prevention is worth a pound of cure applies to many things in our lives. That principle prompts parents to teach their children that knives cut, that hot stoves burn, that a lack of seat belts kill. The same concept of preventing a problem instead of trying to resolve a problem after it happens applies when dealing with Child Protection Services (CPS). The best defense for caring parents is to be proactive in avoiding involvement with the legal systems, including Child Protective Services.

Never sign anything presented by a social worker or a police officer without first consulting an attorney. Your signature might be the first step in chipping away at your parental rights. Consult an attorney so you know exactly what you are being asked to sign.

Parents should be aware there are many situations that may generate false accusations of child abuse. Most parents never expect to be under a threatening scrutiny of police and CPS social workers; however, certain circumstances can unexpectedly focus government agencies on an innocent family. When dealing with child abuse accusations, both police and social workers are required by law to make quick judgments about the validity of the accusations.

If innocent parents find themselves being falsely accused of child abuse, it is in the child(ren)’s best interest to resolve the issues as quickly as possible. Once a formal accusation of child abuse or neglect is made, the entire child welfare system becomes involved and the resolution is rarely favorable for the parents or the child(ren).

Situation #1: The Emergency Room

A child’s accidental injury and an emergency room visit may bring an unwanted, invasive, and disturbing CPS probe into a family’s life. The younger the child, the greater the chance of a CPS investigation.

Assume your child fell from a stroller, a bicycle, a crib, or a bunk bed, or down some stairs on a Friday evening. Maybe they twisted an arm or leg, or bumped their face, or got something in their eye, and the family doctor or pediatrician wasn’t on call.

Broken/sprained limbs and potentially damaged eyes can’t wait until Monday, so you grab the child along with a sibling or two and rush to the ER.

An ER doctor checks the injured child and casually asks if the other children are yours. After you say “yes,” the doctor says, “It doesn’t look too serious, but we need X-rays. I’ll have someone take [your injured child] to x-ray. They’ll be right back. In the meantime, the front desk needs some forms filled out. Why don’t you let the nurse watch your children while you fill out the paperwork? We’ll be back in a few minutes and I’ll be able to tell you how [your injured child] is doing.”

You tell the children to stay with the nurse and leave for the front desk. But before you can ask what paperwork is needed, a uniformed police officer or officers approach and ask to speak to you.

This is when you may realize your children are not with you, police are questioning you about your injured child, your family, and your home life. Your children are gone and YOU are being interrogated.

Someone on the medical team decided your child was abused, the police are there to confirm who-did-it, and CPS is on their way to collect your children.

What went wrong?

One warning that you are in danger of losing your children was the hospital’s offer to watch the uninjured ones you brought with you. Hospitals never have extra staff to take care of children.

You may have appeared overly distraught, or maybe you seemed anxious or confused in your explanation of your child’s injuries. Perhaps the suspicious doctor merely thought you “looked like an abuser,” or you or your children weren’t dressed “properly.” Minority members of society may be at greater risk. (see https://parentalrights.org )

Regardless of what triggered CPS’s interest, your children will be safer if you could have avoided the stress of an investigation.

Best preventive actions to take, if possible:

Do not take your other children to the ER, if it can be avoided. Having extra children along who are not injured takes the parent’s focus away from the injured child.

If you can’t avoid bringing your children with you, never allow yourself to be separated from them. If both parents are present, hospital personnel will have greater difficulty separating the child(ren) from the parents. One parent needs to stay with the injured child, or, in case of x-rays or surgery, they need to wait in the hall outside the door.

When questioned, explain the injury as simply and directly as possible. Display confidence in yourself and your explanation. Tell the truth. Answer the questions that are asked, and do not volunteer anything extra. If you stay calm and display confidence, they may believe you.

Focus on the treatment of the injured/sick child. Force the medical personnel to concentrate on your child’s treatment by asking questions like: “Will this leave a scar?” “How long will the cast stay on?” “Is there any chance of infection?” “Are you giving her anything for the pain?” If their answers are evasive or abrupt, be persistent.

Always mention you’ll be following up with the child’s pediatrician or family physician.

If the medical personnel were just “fishing,” your clear, concise, answers should be enough to dissuade any further inquiries.

If any medical personnel file a report that your child was abused, the CPS will be involved and you will need a lawyer.

Situation #2: Poverty

Poverty creeps into every aspect of the lives of those impacted by it. Poverty is visible. Poverty is dirty, hungry, thirsty, cold (or hot), ragged, and smelly. In the classroom, teachers can tell which children are dirty, hungry, smelly, and poorly clothed.

Social workers may see similar things in a home. They view disconnected utilities, posted eviction notices, overflowing trash bins, insect/rodent infestations, empty refrigerators, and bare cabinets as indicators of potential child neglect or abuse.

The decisions to take children from parents vary from state to state, from court to court, but in most states, any indicator of poverty can be used by CPS to justify removal of children.

Best preventive actions to take, if possible:

For parents living in poverty, it is important to keep children as clean and presentable as possible.

Those new to poverty — and in the present economy there are many — need to be aggressive in seeking assistance.

Utility companies frequently have programs to assist with utility bills. Contact them and ask. Food banks exist because families are hungry. Make use of them. Sign your children up for free or reduced meals at school.

Flea Market

Shop thrift stores, Goodwill stores, dollar stores, yard sales, pawnshops, farmers’ markets, neighborhood sales for basic necessities at bargain prices. Consider asking stores for discounts for bulk purchases, display models, out-of-date items, or clearance merchandise. Seek out the department or store managers to ask for discounts. Try old-fashioned haggling or bartering for things you need. Sometimes it works.

If it is appropriate for your situation, consider bankruptcy.

If approached by CPS, list the efforts you have made and are making to remedy all of their complaints. Ask if they know of additional resources available to you. Such efforts may be enough to at least temporarily protect your children and provide for your family.

Situation #3: Domestic Violence

Exposing children to domestic violence damages children in multiple ways. They learn unhealthy behavioral patterns they may replicate in their own lives. The violence may seriously injure or kill them. And finally, violence may result in their removal from a parent who loves them.

If the police are called and children are present, the children may be removed immediately. Circumstances vary, but usually it is best to let the police handle the situation. Stay calm — no matter the provocation. You cannot help yourself or your children if you are handcuffed and removed from the scene. Remain polite to the officers.

Best preventive actions to take, if possible:

Some states have laws that if your child is harmed by your spouse or partner or significant other, then you may be charged with a crime because you didn’t prevent your abuser from harming your child. Charging the non-abuser seems appropriate — if the non-abuser observes a child being abused and neither attempts to help the child nor reports the incident.

But the law has also been used to charge the abused spouse in incidents when police are called for domestic violence and find both the spouse and the child(ren) are being abused. In cases where both a spouse and the child(ren) receive broken bones, the abused spouse can be (and in some cases has been) arrested for failure to protect. Once charged with failure to protect, a parent will likely lose custody of their child, and the court may even award custody to the abuser.

If you need it, call the National Domestic Violence Hotline number (800) 799-SAFE (7233). The number exists to be used.

Investigate and, if possible, obtain a court order for protection from abuse.

Domestic violence tends to escalate and can turn deadly. Don’t hesitate. The life you save may be your own or your children’s. Whatever conditions you face, almost anything is better than living with an abuser.

Situation #4: Divorce Courts

Divorces are seldom civil or friendly. They may be emotionally ugly. Whatever led to the divorce, the desire to lash out at the former partner may occur.

If children are involved, judges often mandate counseling for a divorcing couple to resolve custody disputes. Depending on the state and the individual judge, this approach can result in handing the custody battle over to CPS and a juvenile court. If the case goes to the juvenile court, both parents lose custody and the state assumes custody of the child(ren).

Best preventive actions to take, if possible:

If all relatives — parents, step-parents, ex-spouses, and in-laws — remain as amicable and friendly as possible and maintain a united front while dealing with the courts, the outcome will most likely benefit the child(ren).

Be certain your attorney knows your priorities regarding your children. Once the state has custody over the children, the parents have no say over their children’s lives, and your divorce attorney might not represent you in juvenile court.

Give up your desire for revenge over any wrongs your ex committed and consider your children’s lives are at stake. Make the best accommodations you can with your ex or soon-to-be ex.

Situation #5: Homeschooling

The funding for public schools is partially determined by the number of students in the district who attend school. The school administrators and teachers are well aware that their salaries are dependent on the school’s funding, and, with no personal animosity involved, they are financially motivated to oppose homeschooling. Other officials, teachers, and citizens may believe children receive a better education in a formal schoolroom than they do with homeschooling. Regardless of the reasons, justified or not, hostile suspicions of homeschoolers exist. Overt or inadvertent hostility can generate complaints of child abuse.

The pandemic and new technology have created scores of remote classes and various hybrids of non-traditional schooling. Thousands of parents are homeschooling for the first time.

Best preventive actions to take, if possible:

In order to protect their family from CPS, parents must follow every single letter of the law regarding homeschooling. Every form needs to be filed with the school district and the state in a timely fashion. Parents need to go beyond what the law requires and be able to produce home school records, course descriptions, and every required record at a moment’s notice. Failure to keep adequate homeschooling records can provide adequate legal grounds for children to be removed from their home.

Two helpful blogs on the subject of homeschool record keeping are: for high school students https://fearlesshomeschoolers.com/blog/ by Lisa Davis, and for younger students https://lifeinthenerddom.com/super-simple-homeschool-record-keeping/ by Kristina.

Situation #6: More Potential Sources of False Accusations

Sometimes the risks of having a child taken by overzealous government agencies can be mitigated. But in some situations, parents cannot avoid CPS intrusions into their children’s lives, even when there is no evidence of child abuse or neglect. Each state designates numerous professionals such as police, teachers, social workers, or medical staff as mandated reporters who are required too report suspected child abuse.

Homelessness:

Homeless families have few options to protect their children from CPS social workers. Seeking shelter with friends or relatives may be the safest way for desperate families to immediately get off the streets.

Homeless families are more prevalent than many people realize. https://www.startgrants.com/help-for-homeless-families-with-children.php

Living or camping in a car may be physically safer than living on the street, but social workers will not regard a car as acceptable housing for a child. Some churches or the Salvation Army may be able to assist homeless families. If one parent is a veteran, check with the local Veterans Administration (VA) for help.

If you are homeless, do not let fear of CPS taking your children keep you from asking the Salvation Army, welfare offices, the VA, or other agencies for help because you will eventually face CPS if you remain homeless. Access the internet and check websites such as https://www.startgrants.com/help-for-homeless-families-with-children.php for a list of agencies that help homeless families. Internet access is usually available for free at public libraries.

In the United States, there is a perpetual and universal shortage of safe, low cost or free housing that accepts families.

Disabilities:

In DC and nine states (GA, KS, MD, MS, ND, NM, OH, OK, & SC) disabled parents risk having their children taken even without an accusation of abuse or neglect. (From Parenting with a Disability: Know Your Rights Toolkit, Christopher & Dana Reeve Foundation, 2016.)

Doctor’s Offices:

A single phone call from a doctor can result in CPS removing children from their home. Parents need to be aware that doctors have a responsibility to report suspicious injuries and circumstances.

Establish a trusting relationship with your child(ren)’s doctor. If that doctor believes your child has not been abused, he may be the strongest possible buffer between the child and CPS.

When a child appears in an emergency room or a doctor’s office with broken bones or significant bruising, the doctor is required to ask questions. If the parent has established a long-term, trusting relationship with the doctor, truthfully answering the doctor’s questions shouldn’t endanger the child.

If parents decide to obtain a second opinion or change physicians for a child who is seriously ill or has a rare disease, it is possible the current physician might take offence or become hostile. The situation can quickly deteriorate into CPS removing the child from the parents and making the choices for medical care that parents normally make. Multiple such instances have been nationally reported in which a child with cancer or other illnesses has been removed and given medical care, against which, for religious or other reasons, the parents objected.

Minorities:

Minority or mixed-race families are particularly susceptible to having children taken into the Child Welfare System.

“Thirty-three percent of kids in foster care are African-American, but they make up only 15 percent of the child population. Yet federal studies indicate that child abuse and neglect is actually lower for black families than it is for whites.” https://www.ncsl.org/research/human-services/disproportionality-and-disparity-in-child-welfare.aspx

The risk to Native American families of losing their children to the system is even greater. Each year “since 2009, Native American children have had the highest rates of representation in foster care.” https://www.ncsl.org/research/human-services/ncsl-state-tribal-institute-intersection-ec-cwp.aspx

Legal Rights

When originally written, the terms “person” and “people” in the Constitution of the United States, including the first ten amendments, meant only male descendants of western European nations. The fifteenth amendment grants the right to vote regardless of race or color or previous condition of servitude. The nineteenth amendment grants women the right to vote.

It is commonly assumed that by being granted the right to vote, women and persons of all races and colors enjoy all the rights documented in the Constitution. Unfortunately, this assumption and is not specifically stated in the Constitution or in federal or state laws.

Historically, multiple US Supreme Court rulings have waffled on exactly what rights racial minorities and women have. And even the right to vote has not been universally applied. “The last state to guarantee voting rights for Native People was Utah in 1962.” See: https://www.history.com/news/native-american-voting-rights-citizenship.

No place in the constitution are the legal rights of children or families mentioned. Rights to live together as a family, to marry, to bear children, and to raise children are not addressed in the US Constitution. Parents’ rights to their children, and a child’s right to his parents are unclear and ever changing.

During Troxel v. Granville, 530 U.S. 57 (2000) Supreme Court “Justice Scalia held that parents have no constitutionally protected rights whatsoever.” https://parentalrights.org/understand_the_issue/supreme-court/ Fortunately, Justice Scalia did not represent the majority of the court. In the same case, Justice Thomas stated, “Parental rights receive the same high legal standard of protection as other fundamental rights.” The decision by the court was splintered with six separate opinions and no majority decision, leaving no clear guidance for future rulings.

Our hodgepodge of state statutes, rules, and regulations of child protection systems and parental rights will probably remain fluid in the foreseeable future. Parents can take reasonable precautions and remember the risk of false accusations is real, but also small.

The number of children (under age 18) in the United States is at an all-time high of 74.2 million according to https://www.aecf.org/resources/the-changing-child-population-of-the-united-states/ Less than 450,000 (less than one percent) of children are in foster care nationwide. https://www.ifoster.org/6-quick-statistics-on-the-current-state-of-foster-care/

Healthy families may never encounter child protection services. However, innocent parents who get caught up in the system need the best legal representation they can obtain.

Nothing in this post is intended to provide legal advice or replace the advice from a licensed attorney. For answers to specific questions, consult a licensed attorney in the relevant state, district, or provinces.

©2020, Kari Mumy, all rights reserved.