Fla. Admin. Code Ann. R. 65C-29.010 - False Reports

(1) When a child protective investigator suspects that a false report has been made, the investigator shall advise the reporter of the potential administrative fines, civil and criminal penalties associated with the filing of a false report.

(2) In determining whether a report has been filed maliciously, the Department shall consider the following factors:

(a) There are no indicators of abuse, neglect or abandonment as alleged in the report.

(b) The reporter has made contradictory or inconsistent statements when questioned about how the reported information was obtained.

(c) Prior allegations made by this reporter have been determined to be patently unfounded or to have no indicators of abuse, neglect or abandonment.

(d) There is credible evidence that the reporter has a history of disputes or seeking retaliation against the alleged perpetrator or other family members.

(e) There is a history of unresolved custody issues between the reporter and the alleged perpetrator or other family members.

(3) Child protective investigators and child protective investigator supervisors shall, in consultation with the Children's Legal Services attorney, and with the consent of the alleged perpetrator, refer the suspected false report to the local law enforcement agency having jurisdiction along with the following information:

(a) The report number and a copy of the investigative file;

(b) All factors that were considered in the determination that the report constitutes a suspected false report;

(c) The audio recording of the call to the Florida Abuse Hotline; and,

(d) The identification of the physical location from where the call originated.

Notes

Fla. Admin. Code Ann. R. 65C-29.010

Rulemaking Authority 39.012, 39.0121, 39.205(7) FS. Law Implemented 39.206, 39.205(7) FS.

New 5-4-06, Amended by Florida Register Volume 40, Number 242, December 16, 2014 effective 12/31/2014.

New 5-4-06, Amended 12-31-14.