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Ariz. lawmakers target false CPS abuse reports

Wednesday October 29, 2003

Link to original story:
http://www.azdailysun.com/non_sec/nav_includes/story.cfm?storyID=75812

By HOWARD FISCHER
Capitol Media Services

PHOENIX -- Some state lawmakers think they've found one solution to the problem of overworked caseworkers at Child Protective Services: Create a new law making false reporting of abuse and neglect a crime. Rep. Warde Nichols, R-Chandler, said caseworkers tell him they are "chasing their tail a lot'' investigating what turn out to be fake reports filed by spouses who are divorcing and others. His legislation would subject these people to six months in jail and fines of up to $2,500.

In fact, though, there already is a virtually identical statute on the books, complete with the same penalties. But Sen. Dean Martin, R-Phoenix, one of the co-sponsors of the new legislation, 2006, insisted this one is more specific.

That specificity worries Carol Kamin, director of the Children's Action Alliance. Kamin said she fears the wording of the proposal might actually discourage people with some evidence of abuse from calling CPS.

The move comes as Gov. Janet Napolitano wants lawmakers to approve an extra $35.5

million for CPS. The funds would go to hiring more staffers as well as providing raises.

Nichols said that the increase in the number of children being abused or neglected is only part of why caseworkers have too much to do.

"As I went out with different caseworkers and spent time with them in the field, with supervisors, every one of them talked to me about false reporting,'' Nichols said.

He said many of the complaints come during bitter divorce proceedings where one spouse will accuse the other of abuse. Nichols said there also are false claims coming from other family members and even "angry neighbors.''

CPS publicist Liz Barker acknowledged that a high percentage of reports that come into the agency through a telephone "hot line'' turn out to be unsubstantiated. She stressed that does not mean abuse did not occur but only that it could not be proven.

For example, she said, a neighbor may notice bruising on a youngster but by the time a call is made the bruises have disappeared and both the parent and child are telling the same story of what happened.

Even in those cases where a complaint is "unsubstantiated,'' Barker said, CPS can offer services to a family.

As to the issue of an existing law, Martin said having the Legislature weigh in one more time might bring more public attention to the problem of false reporting. And that, he said, will provide impetus to local prosecutors actually bringing charges -- something he said does not now happen often enough.

Barker said her agency sometimes files police reports based on factors like whether the person who made the complaint has something to gain, whether there are prior false reports, whether it was made to intimidate someone or whether there is retaliation. She said CPS does not track how many police reports are filed or how often criminal charges actually are filed.

Bill FitzGerald, spokesman for Maricopa County Attorney Rick Romley, said complaints of false abuse are evaluated on a case-by-case basis

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