Approximately 29 States carry penalties in their civil child protection laws for any person who willfully or intentionally makes a report of child abuse or neglect that the reporter knows to be false.In New York, Ohio, Pennsylvania, and the Virgin Islands, making false reports of child maltreatment is made illegal in criminal sections of State.
Nineteen States and the Virgin Islands classify false
reporting as a misdemeanor or similar charge.12
12 Arizona, Arkansas, Colorado, Indiana, Iowa, Kansas, Kentucky, Louisiana,
Michigan, Missouri, New York, North Dakota, Ohio, Oklahoma, Rhode Island,
South Carolina, Virginia, Washington, and Wyoming.
In Florida,
Illinois, Tennessee, and Texas, false reporting is a felony;
while in Arkansas, Indiana, Missouri, and Virginia, second
or subsequent offenses are upgraded to felonies. In
Michigan, false reporting can be either a misdemeanor
or a felony, depending on the seriousness of the alleged
abuse in the report. No criminal penalties are imposed
in California, Maine, Minnesota, Montana, and Nebraska;
however, the immunity from civil or criminal action that is
provided to reporters of abuse or neglect is not extended
to those who make a false report. In South Carolina, in
addition to any criminal penalties, the Department of
Social Services may bring civil action against the person
to recover the costs of investigation and any proceedings
related to the investigation.
Eleven States and the Virgin Islands specify the penalties
for making a false report.13
13 Connecticut, Florida, Louisiana, Massachusetts, Michigan, Oklahoma,
Rhode Island, South Carolina, Texas, Washington, and Wyoming.
Upon conviction, the reporter
can face jail terms ranging from 90 days to 5 years or fines
ranging from $500 to $5,000. Florida imposes the most
severe penalties: In addition to a court sentence of 5
years and $5,000, the Department of Children and Family
Services may fine the reporter up to $10,000. In six States,
the reporter may be civilly liable for any damages caused
by the report.14