People Who Make False Child Abuse Claims Need to Be Investigated and Prosecuted
Child Protective Services and Prosecutors Not Telling the Truth when They Say They Can't Do Anything About It
Few people are ever arrested for filing false child abuse reports even though it is a crime. In New York State it is a class A misdemeanor (Penal Code Subdivision 3, subsection 240.50). I am a news junkie, perusing several newspapers and blogs each day as well as monitoring many talk shows, and I have only heard of one person ever getting arrested for making a false report of child abuse. That was a Glens Falls resident, already on probation for another crime.
One reason why few people are arrested for making false claims of child abuse is that those in authority just don't take the problem serious enough. They don't even take it seriously when one man has had twelve false reports filed against him, apparently all by the same person.
A few weeks ago I listened with incredulity as Al Roney of WGY interviewed Keith Ferguson of Valley Falls in Rensselaer County. Ferguson has been investigated twelve times in the past two years by the county's Child Protective Services unit following reports that he had sexually abused his children. None of the investigations have turned up any abuse, and it's quite obvious that the anonymous phone calls to the child abuse hotline are stemming from one individual who, for whatever reason, has a vendetta against Ferguson.
The calls and resulting investigations have, as one can imagine, disrupted Ferguson's life. He has cooperated with Child Protective Services, even though he is not required to, and even took his daughter for a gynecological exam to prove that she had not been sexually abused.
My incredulity when listening to Ferguson on the radio was not because someone had made twelve malicious phone calls to the state's child abuse hotline. I have lived long enough to know that there are people evil enough to do such things. My incredulity was the result of the complacent attitude that the police, the Rensselaer County Department of Social Services and the Rensselaer County DA's office seem to have taken toward Ferguson's troubles. Their attitude has been one of "we are sorry for your problems, Mr. Ferguson, but there is nothing we can do to help you because the calls have been anonymous."
I don't buy it. Twelve crimes have been committed against Mr. Ferguson. He is a crime victim who is not getting the attention he deserves from the prosecutor's office in Rensselaer County.
According to New York State law, it is the district attorney's responsibility to investigate and prosecute cases where false reports of child abuse are made. Claiming that the calls were anonymous is no excuse for failing to investigate. I have no doubt that if twelve anonymous, harassing phone calls were made to Rensselaer County DA Richard McNally or some other county official, all originating from the same person, an investigation would be initiated in a hurry and the culprit found.
The twelve crimes committed against Mr. Ferguson are Class A Misdemeanors but may also violate other laws such as aggravated harassment or falsely reporting an incident in the second degree which is a Class E Felony, punishable by prison. A person so full of hate and so intent on destroying another person that he or she phones in twelve false reports of child abuse is a menace to society, and in my opinion is capable of other more serious crimes. To not locate, investigate and prosecute such a person is a grave failure on the part of those agencies which are supposed to protect the public from dangerous individuals.
The failure to investigate also means that the very agencies which are supposed to protect children from child abuse are themselves abusing children. Do the Rensselaer County Child Protective Services and DA's office think that the continual investigation of Mr. Ferguson and his children, asking the children questions about sexual abuse, the arrival of police cars at their home (on one occasion three of them) and the unnecessary physical examination of a child have no negative effect on children.
And there is one other reason why these crimes against Mr. Ferguson and his children should be investigated and prosecuted. The anonymous calls are wasting valuable police and social services resources, as well as the taxpayer's money.
While Rozita Swinton has not been arrested yet for the call involving the FLDS raid in Texas, she was arrested on April 16 for another false report she made in Colorado. If the police and prosecutors in other states can track down and prosecute people making false reports of child abuse, then police and prosecutors in New York State can do the same.
Published by Dan Weaver
I am an antiquarian bookseller and free-lance writer. I have a bachelor's and master's degree in Literature. View profile
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26 Comments
Post a Commenti agree with this 100%. i have been accused 7 times in spokane. CPS has investigated all of them and they all were UNFOUNDED..my ex girls friend is makeing all of these allegations against me but she is not the one that keeps reporting it. she takes both my girls to the ER, DR, Counclers, Even the daycare an dtells them im abuseing my daughters and they need to call CPS. CPS and police say they cant go after her because she is not makeing the reports shes having third party mandated reports to report it i have had 3 of the reports investigated and CPS did a forensic interview on my children (which during the interview they cleared me and said no i have not done this and that thier mother told them to say these things...the other 4 were screened out because they were exactly the same as all the other reports..my ex has gone as far as to coach the girls into saying things to these people..its pretty low of someone to pick on a defensless 3 and 5 yr old...dont you think..and the custody b
This is BY FAR the best written words I've read about the truth. I've been preparing a basic complaint against CPS about the neglegence of their investigative duties. The words "Child Protection" is suppose to mean just that. But part of the duty to protect children INCLUDE protecting them from malicious callers that use CPS as a tool for vengence against parents via indirect contact. There ARE laws that are suppose to protect us from this: making false reports... is illegal. My complaint will be sent to my state legislators, the county's board, county prosecutor, any CPS workers ever involved, CPS supervisor and anyone else ever involved in each and every allegation that was investigated based on a scorned persons bogus (and probably anonymous) call to CPS to cause harm. The sad truth is it is not enforced because people remain uneducated about CPS and the laws that govern them. Bottom line is that they will keep coming. If you educate yourself you will be prepared to handle the
I have had over 30 unfounded calls to my local cps agency in the last two years. All of the calls were made by my daughters father. Cps refuses to do anything about the calls, and all I've ever been told is to go to court for custody. I think a law needs to be passed to prevent this type of thing from happening and have repercutions for when it does.
...He called the police & CPS so many times at one point the police were going to take him to jail. So he moved out of state and continued till finally he got what he wanted. All this because of his extreme hatred for me for leaving a 20 year abusive marriage. TRUST it's not about the children it's all about the money. And CPS is a cash cow for many organizations. Many of which would go bankrupt with out the referrals they get. My name is Thia Jackson, and me and my family have been a victim of this demonic system. I was told not to go public with my information or I'd be put in jail due to my children being under age. If anyone decides to do a class action suit and can get an attorney who isn't afraid to go up against the system please FIND ME. I won two consecutive Marsdons, which basically means I was never represented in court and by all intents and purposes by law should have been given two miss trials; but the Judge still let the findings stand.
... In my opinion CPS needs to be sued for the many families they have destroyed with their corrupt methods of saving so called abused children. All services they make you go though from Psychologist to family reunification programs are on they're payroll like I said earlier along with the Judges and public pretenders. And never have they had to pay back the families they've left emotionally,financially and any other wise broken. I hope someone will hear the cries of all the innocent victims that have been wrongfully put though this wicket evil system that doesn't give a damn about the children only making their quota and making a paycheck off the family's they've desecrated. And any and all people who were involved in setting up innocent families though their calling in false reports to police or CPS. Should be sent to jail and fined for what they've done. I had my ex husband along with a neighbor do this very thing to me. He called the police & CPS so many times at one point the poli
Of course the CPS system and others do not want to challenge these false reports, after all It's more money in their pockets. The entire system is corupt from the Judges who stand behind what ever CPS says, down to the Public PRETENDERS/Defenders they provide. Unless you are very rich it is impossible to hire an Attorney who will go after theses people. It is more then the anonymous callers it is an entire system set up to steal our children and when/if they finally do return them these children are emotionally shattered/scared along with their parents. In most cases left with tremendous debts to pay as a result of this flawed system. The abuse in many cases starts with the system, once they get you in their hands they never stop their harassment. Even if you do try to fight back, they will lie, delete records and or recorded taped phone calls or anything else that would incriminate them. In my opinion CPS needs to be sued for the many families they have destroyed with their corrupt me
My teenager who only has her learners permit took the car without permission this Spring Break. When we grounded her and took her phone away she slit her wrist. Once we got through the blood and it was only superficial she kept kicking and swinging her arms at us I was convinced she was on drugs, she was cussing and we do not allow cussing in the home. We had to restrain her by hand cuffing her until a relative who is a child therpist arived to calm her down. I wanted to admit her to the mental hospital but the relative said no she doesn't need it. Well, her dad gives her the phone back and she calls/text all her friends and next thing we know we are woke up by the police. We went to jail for Unlawful restraint and Assault to a Family memeber. All this because she wanted to go to a party the next night. Our bound was 14 thousand dollars and we now have lawer fees. My daughter is now living with an Aunt in Wisconsin and she acts like we are the ones who did this. Due to the la
My cousin got very angry with me due to her heroin addiction and my refusal to care for her that she called CPS, told them I was a pill junkie and allowed my children to sell and do illicit drugs in my basement. I have nothing to hide from CPS as these are completely bogus claims made to punish me, but my children are being interviewed, they are searching my home and our lives have been violated. She even posted a huge blog stating the same items which forwarded to my son's school principal! How do I fight back?
I have had dss called on me over a hundred times but they never find anything but still they wont investigate the person who keeps making these false reports. all they do is put me and my husdand in different classes that we cant afford. i thought they were suppose to help families instead of making them pay money they dont have. has anyone found a way out yet if so let me know i have deen going threw this for 4 years. i need help....
I have had child abuse filed on me over a total of about 4 times, anmial abuse, and adult abuse came because, abuse was filed on my son.In curt my daughter-in-law said she did once,however she told a neghbor she did before plus in court she said her file animal abuse. I need someone to please help me to stop this please(ageinggraceful@hotmail.com)