People Who Make False Child Abuse Claims Need to Be Investigated and Prosecuted

Child Protective Services and Prosecutors Not Telling the Truth when They Say They Can't Do Anything About It

The removal of more than 400 children from the Fundamentalist Church of Jesus Christ of the Latter Day Saints (FLDS) compound in Texas made front page news for several days in April. However, a follow-up Associated Press story revealing that the
phone call that initiated the raid was a hoax got short shrift. Rozita Swinton, who has been arrested and charged with misdemeanors more than once for making false phone calls about child abuse, has been questioned by Texas Rangers and may be the person who made the phone call.

Few people are ever arrested for filing false child abuse reports even though it is a crime. In New York State it is a class A misdemeanor (Penal Code Subdivision 3, subsection 240.50). I am a news junkie, perusing several newspapers and blogs each day as well as monitoring many talk shows, and I have only heard of one person ever getting arrested for making a false report of child abuse. That was a Glens Falls resident, already on probation for another crime.

One reason why few people are arrested for making false claims of child abuse is that those in authority just don't take the problem serious enough. They don't even take it seriously when one man has had twelve false reports filed against him, apparently all by the same person.

A few weeks ago I listened with incredulity as Al Roney of WGY interviewed Keith Ferguson of Valley Falls in Rensselaer County. Ferguson has been investigated twelve times in the past two years by the county's Child Protective Services unit following reports that he had sexually abused his children. None of the investigations have turned up any abuse, and it's quite obvious that the anonymous phone calls to the child abuse hotline are stemming from one individual who, for whatever reason, has a vendetta against Ferguson.

The calls and resulting investigations have, as one can imagine, disrupted Ferguson's life. He has cooperated with Child Protective Services, even though he is not required to, and even took his daughter for a gynecological exam to prove that she had not been sexually abused.

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Great article. I have been fighting a similar monster as has the man in New York. Fortunately I have finally found an attorney who has a clue as to how to hopefully get it stopped because CPS sure isn't going to.

Posted on 04/24/2009 at 1:04:06 AM

Ex spouses often use CPS for revenge since they can complain anonymously and there are rarely any investigations of people who file false charges. This must change. Meanwhile you really must have a lawyer to fight these people. The system is set up so that you cannot win without one. Even if you have to borrow the money for one, get one. Some states allow you to use a public defender. You must help your lawyer however. Gather any evidence you can and research the law. Be aggressive. Go to www.fightcps.com for more help. Also talk to your lawyer about grounds for suing CPS, DSS and the county you live in.

Posted on 04/14/2009 at 5:04:41 AM

someone reported me to cps with an an address that i have never lived at. I don't see how they can keep on investigating me when the facts where wrong from the beginning. I think it was my ex because of a bad custody battle that we are going through due to his drug an alcohol problem which has been founded on him. i think he is trying to get back at me for pointed out the facts and protecting my child from him. what are my rights thats what i would like to know. I don't feel like i have any and i'm lost. Help!

Posted on 04/13/2009 at 1:04:17 PM

Thanks for writing this article and exposing a problem that definitely needs to be addressed. I totally agree with you that those who make false claims should be prosecuted. It wreaks havoc in the lives of those who are falsely accused, as well as the child(ren). Great article.

Posted on 03/05/2009 at 2:03:11 PM

I have just had this happen to me I also found out it has happened to others in my neighborhood. We live in a nice small neighborhood on the lake. We were told late summer this would happen to us after a neighbor showed up at our door trying to get any bad gossip out of us about other neighbors. We had lived in the nighborhood for 1 year. They then left our home and went to the person they wanted the info about and made up lies that I never said. I told them to keep me out of it. Well, after 5 months the CPS showed up at my home today. I would really love to know what I can do to protect myself as well as stop this from happening to anyone else due to these people being upset. I couldn't resist but to go to one neighbor's home and quiz them if they had any knowledge. To my surprise they were also involved. I started crying and immediately turned around at went home. I know I shouldn't have went anywhere. Who know's what horrible lies these two families will come up with nex

Posted on 02/13/2009 at 2:02:46 AM

I have just had this happen to me I also found out it has happened to others in my neighborhood. We live in a nice small neighborhood on the lake. We were told late summer this would happen to us after a neighbor showed up at our door trying to get any bad gossip out of us about other neighbors. We had lived in the nighborhood for 1 year. They then left our home and went to the person they wanted the info about and made up lies that I never said. I told them to keep me out of it. Well, after 5 months the CPS showed up at my home today. I would really love to know what I can do to protect myself as well as stop this from happening to anyone else due to these people being upset. I couldn't resist but to go to one neighbor's home and quiz them if they had any knowledge. To my surprise they were also involved. I started crying and immediately turned around at went home. I know I shouldn't have went anywhere. Who know's what horrible lies these two families will come up with nex

Posted on 02/13/2009 at 2:02:17 AM

Ironic enough that they should be equally tested and researched because the guilty ones always accuse! It is a waste of taxpayer dollars and resources of the state. Also more importantly, jeapordizes a person's job and ability to provide for the very kids they're being questioned falsely about when they get put on a registry for 10 yrs. This ultimately makes an employer queasy and perhaps one could even lose their job because of it. And what of those who have limited resources to appeal any of this, placement of their name into an "abuse" registry, the stigma associated with it. It's unreal the consequences of CPS ruining a person's earnable income over a vengeful report. Who's really hurting the kids then? It's the most despicable thing. And because it's not a criminal arena, the civil realm does not cover rights to you at all! NONE. Only to defend yourself as if in a witch hunt. This topic needs reform and none to soon. My career not only tail-spun it was totally 86'd because of this

Posted on 11/29/2008 at 5:11:27 PM

What kind of horrible despicable person could do that? And be taken seriously? Someone who knows they're going to be the "Anonymous" player in the whole scheme & thus free from culpability. These people should be shot for they are the ones along with CPS, "abusing" the kids. No doubt. I had 6 reports called on me in 2 yrs. by 3 different vengeful people and are still dealing with the fruits of vindictive evil persons behind it. ALL had bones to make about me but to the recourse of contacting a state agency to falsely accuse me in relative safety. I can still picture their ugly selves getting their sickening satisfaction on the phone, going through with their phone calls with an investigator writing down everything spewing from their lying tongues. And all of these people I know personally have their own questionable activities and backgrounds to justify an investigation into their own kids' health & well-being. Ironic isn't it? Ironic enough that they should be equally tested and res

Posted on 11/29/2008 at 5:11:46 PM

Finally an article relating the absurdity of relying on anonymous tipsters to CPS. This is not uncommon that low-life vengeful people choose to target their enemies' children, for whatever percieved offense to themselves deemed sickeningly appropriate enough to go after their kids. These people should themselves be scrutinized in as much as the ones they report, as most of the time, they are aiming their revenge through an anonymous channel that was meant to encourage accurate reporting without fear yet these disgusting individuals take advantage of this to further their own revenge tactics non-directly, and cowardly so. Have someone who pisses you off? Have someone you know who you don't approve of in some way? Stewing over a perceived slight from an acquaintance? CALL CPS!! And sit back and gloat knowing you're putting that family through hell! Not just your irritant but THEIR KIDS! YAY! What delight, what fun. Hope you can sleep at night, because they won't be. What kind of horr

Posted on 11/29/2008 at 5:11:14 PM

This article should be sent as a "Letter To The Editor" to the Daily Gazette, the Recorder, the Leader-Herald and other newspapers.

Posted on 05/19/2008 at 10:05:17 AM

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