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Believe it or not, it has been the law in Texas that anyone could pick up the phone, accuse a parent of child abuse, and hang up. No name required. No phone number. Nothing. And Texas law requires Child Protective Services (CPS) to investigate. It was widely known among scummy folk that this was an excellent way to wreak havoc on an annoying neighbor, an ex-girlfriend, anyone you have a beef with who also has a child at home.
But no more!
Thanks to legislation that went into effect September 1, CPS may no longer accept anonymous calls. If you’re going to accuse someone of child abuse, you’re going to have to identify yourself. It’s only fair, right and obvious that this should be so. (Note that a call is still confidential – meaning that CPS cannot identify you to the accused parent. That violation of due process is still firmly in place.)
We family rights advocates have been demanding this change for many years. But what finally got legislators’ attention?
Money.
A study made clear how many taxpayer dollars were being flushed down the toilet of fraudulent child abuse investigations. An investigator once told me she spent an estimated 40% of her time chasing down blatantly false allegations. Multiply that across a state the size of Texas.
Multiply that across hundreds or thousands of families put through the hell of a CPS investigation for no good cause.
Let’s look at the details. Texas Family Code §261.104 now reads in part:
Section 261.104 – Contents Of Report; Notice
(a) The individual making a report shall identify, if known:
(1) the name and address of the child;
(2) the name and address of the person responsible for the care, custody, or welfare of the child;
(3) the facts that caused the individual to believe the child has been abused or neglected and the source of the information;
(4) the individual’s name and telephone number;
(5) the individual’s:
(A) home address; or
(B) if the individual is a professional as defined by Section 261.101(b), the individual’s business address and profession; and
(6) any other pertinent information concerning the alleged or suspected abuse or neglect.
Glory be, folks! This is huge! I expect it to put a dent in my practice, and I couldn’t be happier.
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