Articles / Single Parents / Avoid False Child Abuse & Child Neglect Claims
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Avoid False Child Abuse & Child Neglect Claims
2009-01-15 22:41:40
no hitting or funny business Child abuse and neglect is a national ongoing tragedy that demands to be stopped. It is compounded by the fact that in addition to the cases that go unreported, many false abuse allegations have to be investigated. This wastes the time of busy investigators and traumatizes the accused. False abuse allegation is something many people associate with bitter divorces, when one parent lies about the abusive nature of the other parent in order to gain child custody or some financial advantage. Some experts believe that as many as 9 out 10 of all abuse allegations filed in divorce cases are unsubstantiated (false). Child Services Departments vary from state to state, but following are some of the things you should and should not do to prevent and avoid neglect and abuse accusations and claims.
  • Always, 24 hours a day, 7 days a week, and every moment therein, know where your children are and what they are doing, and who you are leaving them with even if they are a great place at first sight.
  • Pay close attention to your child's body and notice marks, bruises, and injuries. Keep close record of where they came from, and if you can't recall, it's time to ask questions, if no one can or will tell you it's time to go to the doctors, and explain where your child has been and your concerns. Beware, some doctors assume automatically the parent did it, so get more than one opinion if that's the case.
  • Be aware of people around you. There are too many to count, who love to call reporting child abuse for self-empowerment.
  • Keep your house clean and child-proof any areas your children can access. For older children you may want to invest in safe boxes for your prescription drugs and dangerous objects they may get a hold of.
  • DO NOT USE DRUGS, AT ALL! If you are using any illegal substances at all, QUIT RIGHT NOW! You shouldn't be doing them anyway, but if you are a parent, you need to be on your toes and doing what's best for your children, not what makes you feel good. Get in control, enlist the help you need, AND QUIT RIGHT NOW.
  • Talk to your children as soon as they begin to understand that their private areas are theirs, and theirs alone. As soon as you can, teach them to clean that area themselves. And let them understand that only they can touch that area, unless they have an "boo boo" and only mommy and daddy and the doctor may look at it.
  • Ensure that your children are getting medical and educational needs met. If you home school, be sure you know your state laws, and keep records of their studies, tests, and so on. Medical or educational neglect can be as harmful as physical neglect.
no spanking
If you should be put in the unfortunate situation where you are falsely accused, and under investigation of Child Services, following are some classic tips to help you have the best chance of proving your innocence.

DON'Ts AND DO's WHEN FALSELY ACCUSED OF CHILD ABUSE OR NEGLECT
                    
DON'T INVITE LAW ENFORCEMENT OR SOCIAL SERVICES INTO YOUR HOME WITHOUT A WARRANT.  This action waives your right under illegal search and seizure under the Constitution.  This will allow them to come into your home at ANY TIME and search and seize your children or belongings.

DON'T SPEAK TO ANYONE ABOUT YOUR CASE without first consulting a lawyer. EVERYTHING YOU SAY CAN AND WILL BE USED AGAINST YOU.  If you cannot afford a lawyer one will be appointed to you if you are arrested.  No attorney will be appointed to you if this is a civil case (family law).  In some states, attorneys are appointed to parents in juvenile dependency court. You should call the local Bar Association or legal information service nearest you for this information.

DON'T CONTACT THE ALLEGED VICTIM, THEIR FAMILY, OR PROSECUTION WITNESSES. Any and all such contact will be construed as an attempt to bribe or threaten the alleged victim into silence or recantation. Such contact must be done through a PRIVATE INVESTIGATOR who will work through or with your attorney.

DON'T TURN TO DRUGS OR ALCOHOL.  Such substances are habit forming and are depressants.  They can cause you to jeopardize your case.

DO FIND AN ATTORNEY. Seek out an attorney who is EXPERIENCED IN CHILD ABUSE CASES (specifically false cases). If you cannot afford an attorney, one will be appointed to you in criminal court.  If you are in civil court (family), you must pay for your own attorney.  Depending on the state, you may or may not be appointed an attorney in juvenile dependency court.

DO HIRE A PRIVATE INVESTIGATOR.  Some attorneys have their own in house investigators.  Some do not, and IT IS CRUCIAL THAT AN INVESTIGATOR BE IMMEDIATELY ASSIGNED TO YOUR CASE. 

DO KEEP A DAILY JOURNAL. Such a journal should document everything you do or where you go and people who see you or are with you.  Keep receipts of purchases to keep evidence of activities.  Back date a journal by going through canceled checks, photos, letters and holiday experiences.  Try to remember and reconstruct everything you did and where you were at the time of the allegation.  Give this information to your investigator (and attorney).  This can provide evidence.

DO STRIP SEARCH THE CHILD'S ROOM, IF THE ACCUSING CHILD LIVED IN YOUR HOME.  This can provide proof as to your child's activities and sexual and social habits. Look for notes, letters, diaries, photos, telephone numbers, drug or sexual paraphernalia.  Provide findings to your investigator (and your attorney).

DO KEEP ACTIVE. Physical and social activity are healthy and will assist in keeping depression at bay.

DO PAY YOUR ATTORNEY OR INVESTIGATOR. The people you hire for your defense are professionals and will work toward finding a solid defense. It is advisable to ALWAYS ENTER INTO A CONTRACT AGREEMENT FOR FEES. This sets the boundaries of your agreement and protects both you and your defense professional from failure.

 

  

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  • By Anonymous 419 Days Ago
    1 point    
    i love this article. i wish i wouldv'e seen it along time ago. I just got out of an abusive relationship and when it was all over my ex did call child protective services. now because of his lies i am having to prove i am a good mother for my children. this is great advice for parents just like me
    Reply to this comment
  • By Anonymous 418 Days Ago
    1 point    
    Thank You so much for posting this!! It was perfect for my situation. I am going through a battle right now with my ex. He called CPS and said in court that he suspected I was on drugs. The NERVE!!! now the court has to investagate which I have to pay $600 dollars for!!! It really hurts because he knew of my dreams to become a foster parent in the future. I have nothing to hide so he can BRING IT ON!!!!
    Reply to this comment

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