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Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 31027
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I have a question about false reporting of child abuse. My

Customer Question

Hello,
I have a question about false reporting of child abuse. My brother just received a letter stating that he is under investigation (for the 4th time) for child abuse. The other 3 were closed in his favor. I was wondering what legal actions can be made to make this stop. It is causing a great deal of stress for him and my parents. Can he ask if the reports were made by one person? And what can be done if it is to show malicious intent?
Submitted: 11 months ago.
Category: Legal
Expert:  Roger replied 11 months ago.

Hi - my name is ***** ***** I'll be glad to assist.

It is possible to have the name of the person disclosed to your brother if he can convince the Secretary of the Dept. of Human Services that he's being harassed with false reports.

The applicable statute says:

§ 3490.94. Release of the identity of a person who made a report of child abuse or cooperated in a subsequent investigation.

(a) Except for the release of the identity of the persons who made a report of suspected child abuse or cooperated in the investigation under § 3490.91(a)(9) and (10) and 3490.92(a)(3) (relating to persons to whom child abuse information shall be made available; and requests by and referrals to law enforcement officials), the release of data that would identify the person who made a report of suspected child abuse or person who cooperated in a subsequent investigation is prohibited, unless the Secretary finds that the release will not be detrimental to the safety of the person.

(b) Prior to releasing information under subsection (a) to anyone other than a law enforcement official under subsection (a), the Secretary will notify the person whose identity would be released that the person has 30-calendar days to advise the Secretary why this anticipated release would be detrimental to the person’s safety.

Expert:  Roger replied 11 months ago.

So you can request that the identity of the reporting person be disclosed to you so you can file charges against him/her for malicious prosecution and abuse of process for making false claims. DHS may wait until the investigation is complete -- to verify no abuse -- and then provide it......but if there have been 4 false/unmerited reports of abuse, that certainly sounds like someone is abusing the system.