Sometimes, the tools that are developed to help protect people can also be used to hurt people. This is the case for Pennsylvania's ChildLine abuse reporting system, which handles reports from both so-called “mandated reporters,” such as teachers, health care workers, and law enforcement, and “permissive reporters,” who can be anybody. And while mandated reporters must identify themselves for accountability purposes, encouraged reporters may report suspected abuse anonymously.

A Weapon in Divorce and Custody Cases

The anonymity allowed for permissive reporters means that anyone can claim that they believe you have abused your child, and Pennsylvania will have to investigate the report. There are two sides to this coin, of course; on the one hand, it allows people who might see genuine abuse but be afraid to report it for fear of “having to get involved” to make a report and help stop genuine abuse. On the other hand, anonymity allows people to weaponize the ChildLine anonymous reporting system to file false abuse claims.

In 2021, of the 38,013 total reports of suspected child abuse received in Pennsylvania, just over 13% were substantiated, and the remainder – more than 30,000 reports – were categorized as “Unfounded.” Of the 7235 abuse reports submitted by permissive reporters (where anonymity is allowed), only 7.4% were substantiated, meaning around 6700 of the reports submitted by permissive reporters were unfounded.

Investigation Hell

Once an abuse claim is filed, ChildLine will forward the report to the appropriate local Children and Youth Services Agency, which is responsible for investigating the report. The agency must begin to investigate the abuse report within 24 hours of receiving it and must complete the investigation within 30 days (unless they can provide good reasons for needing more time).

It is this investigation process that can turn lives upside down. Typically, one or more investigators will visit the home of the person named in the abuse report. They may inspect the home, question the individual and anyone else living there – including children – and can broaden the interview process to include neighbors, friends, employers, and other relatives. For someone who has been falsely accused of child abuse involving their own children, the process is excruciating and brings with it the constant fear that their children will be taken from them and placed in foster care or with the former spouse or partner – who may have been responsible for the false report in the first place. And according to people who have been through this process, the fear lingers long after their names have been cleared and the abuse report has been declared to be unfounded.

What to Do if You've Been Falsely Accused

While it's important to cooperate with childcare investigators, it's also important to understand that as friendly as they might seem, their job is to investigate a claim that you have abused a child – whether yours or someone else's. This is why it can be enormously helpful for you to have an experienced attorney with you when you are questioned by childcare investigators; indeed, the law specifically gives you the right to have an attorney present during the interview process.

Joseph D. Lento and the Lento Law Firm Criminal Defense Team have been helping parents and others accused of child abuse defend their rights in Pennsylvania for years. They understand that the majority of abuse reports are unfounded, and they have experience with the investigation process. They can help you make sure you are treated fairly, and if the child services agency does find that abuse occurred, they can help you appeal that decision.

This is not something that can wait – if you've been contacted by a child services investigator, call Joseph D. Lento today at 888.535.3686, or reach out to the Lento Law Firm Criminal Defense Team via this online link to set up a confidential consultation. They are there to listen and to help!