The Connecticut General Assembly
OFFICE OF LEGISLATIVE RESEARCH
August 17, 1994 94-R-0802
TO:
FROM: Susan Goranson, Associate Analyst
RE: False Reports of Child Abuse
You asked if any state has specific statutory authority to penalize anyone falsely claiming child abuse, especially in a family action situation.
SUMMARY
A number of states have specific authority to penalize those who falsely claim child abuse. California is the only state we are aware of that specifically penalizes those making a false accusation during a child custody proceeding. Copies of the laws are enclosed.
FALSE ACCUSATIONS
California
In California, if a court determines that an accusation of child abuse or neglect made during a child custody proceeding is false and that the person making the accusation knew it to be false at that time, the court may impose reasonable money sanctions of up to $1,000. It may also impose reasonable attorney's fees for recovering the money.
On the motion of anyone requesting sanctions, the court must issue an order to show cause why the sanction should not be imposed. The order must be served on the person against whom the sanctions are sought and a hearing must be held at least 15 days after the notice is served (Cal. Family Code § 3027).
Other States
Washington, Indiana, Florida, and New York make it a misdemeanor to knowingly falsely report child abuse or neglect. Indiana also allows actual and punitive damages to be awarded to the person falsely accused. New York increases the penalty to a felony for any subsequent convictions. (Wash. Rev. Code 26.44.060; Ind. Code Ann 31-6-11-24; FLA. Stat. Ann 415.513; N.Y. Penal Law § 240.55 and 240.60).
In Massachusetts anyone who knowingly files a frivolous report of child abuse may be fined up to $1,000. Massachusetts also prevents a false report from being placed in the central child abuse registry (Mass. Ann. Laws ch. 119, § 51A, 51B, and 51F). In Illinois anyone who knowingly gives a false report is charged with disorderly conduct. The penalty is increased to a felony for any subsequent convictions (325 ILCS 514). In Minnesota anyone who knowingly or recklessly makes a false report is subject to liability in a civil suit for actual and punitive damages (Minn. Stat. Ann. § 626.556 subd. 5).
SG:tjo