False Reports of Child Abuse

TO:

FROM: Susan Goranson, Associate Analyst

RE: False Reports of Child Abuse

You asked if there is specific statutory authority in Connecticut to penalize anyone falsely claiming child abuse in a family action situation.

Connecticut does not have a specific law which penalizes people who make false accusations of child abuse in a family action proceeding. But there are general laws against making false statements which may apply. The Department of Children and Families and the Judicial Department has developed a protocol for handling reports of child abuse during divorce proceedings.

If a false child abuse charge reaches the stage where the accuser makes false statements under oath, he could be charged under the laws which make giving a false statement under oath a crime. A person is guilty of perjury if, in any official proceeding, he makes a false statement under oath, a class D felony. He is guilty of false statement in the second degree if he intentionally makes a false written statement under oath or on a form which states that false statements are punishable and the statement is intended to mislead a public servant, a class A misdemeanor (CGS § 53a-156 and 157, as amended by PA 93-392). The vexatious litigation statute may also apply. Under this law if someone commences and prosecutes a complaint against another without probable cause, he is criminally liable for double damages. If he does so with malicious intent to unjustly vex and trouble, he is liable for triple damages (CGS § 52-568).

The criminal or civil laws pertaining to false statements are rarely used in child abuse accusation cases. But, the Department of Children and Families (DCF) and the Family Division of the Judicial Department has established a protocol for handling child abuse accusations while divorce or separation proceedings are pending in court. If an accusation indicates that a child is in immediate danger from abuse or neglect, DCF investigates the report. In assessing whether there may be immediate danger DCF considers the severity of harm of the reported incident and the likelihood of recurring harm without immediate DCF intervention.

If an accusation does not indicate any immediate danger to a child and is from a parent or person not required by law to report abuse, it is referred to the Family Division for assessment. If the Family Division determines that there is probable cause to suspect abuse or neglect, it refers the family to DCF for investigation.

If an accusation does not indicate any immediate danger to a child and is from a mandated reporter, it is investigated by DCF. DCF must forward the results of their investigation and any recommendations to the Family Division.

Following a divorce, any report of child abuse or neglect is investigated by DCF. If DCF determines that a modification of a Family Division court order would prevent further harm, if must refer the matter to the Family Division with recommendations for action. If DCF determines that neither parent can adequately protect the child it must file a petition to ensure the child's safety (DCF Policy Manual, Volume II, 33-7-3 and 33-7-4).