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  1. #1
    Join Date
    Jun 2017
    Posts
    26

    Angry What Action Can You Take in Response to a False DCF Report

    My question involves child abuse or neglect in the State of: Florida.

    My wife and her son's father are in a court battle because my wife has her son (My step-son) full-time, he lives with us and his father see's him maybe once per month. He is always late on child support if he pays at all and he rarely tries to communicate with his son. He is supposed to have visitation every other weekend and once per week per a past court agreement, however he never follows it.

    My wife filed a case against him for non payment of child support, plus going against the past court order of never seeing his son nor helping pay for things required such as insurance, sports, etc.

    Fast forward a month from when this was filed and we get a knock on the door at our house...It's DCF investigators with a report stating that my wife and I abuse our children, do not feed them and have them in a bad living situation.

    We know this was filed by my step-sons fathers current wife, as she has verbally made threats to my wife and her husbands sister and family. She is a known drug user and always in trouble with the law, however, DCF would not confirm who made the report.
    Coincidentally the same report was filed against my step-sons fathers sister and family the same day!

    To make a long story short, is there any way to pursue actions against her for making false reports, even though we have no hard evidence? Everyone knows the step-mother filed these reports just to cause a scene during these court proceedings, but DCF won't release who filed the claims!

    In Florida I know it's a Felony to file such claims.

    I was interviewed, my wife was interviewed, our kids were taken out of class at school to be interviewed, the father's sister and her kids were also interviewed and DCF found NOTHING, because nothing was wrong in the first place.

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: What Action Can You Take in Response to a False DCF Report

    In Florida I know it's a Felony to file such claims.
    That's right.

    39.205 Penalties relating to reporting of child abuse, abandonment, or neglect.—
    (9) A person who knowingly and willfully makes a false report of child abuse, abandonment, or neglect, or who advises another to make a false report, is guilty of a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083.
    What are you waiting for? Go ahead and file your complaint with the appropriate authorities. As I read the rest of the statute, it's up to the state to investigate and determine whether it was a false report.

    You might even want to consult a defamation attorney and see if a civil suit is worth filing against her.

  3. #3
    Join Date
    Jun 2017
    Posts
    26

    Default Re: What Action Can You Take in Response to a False DCF Report

    Who are the "appropriate authorities"?

    It seems like DCF itself will never admit any wrong nor give any info on who made a false report, also If I called law enforcement it's highly unlikely they could or would do anything. So how do you go forward with this and actually have someone peruse it?

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