Family law cases. In a divorce, one parent may be tempted to wield child abuse accusations as a weapon in the case. The motives range from pure selfishness to being overly sensitive and paranoid. Foster care and adoption situations can lead to unfounded allegations of abuse. Children that suffer from mental illness and behavioral problems, often resulting from abuse at the hands of natural parents, may claim abuse as an attempt to manipulate the system, get revenge, or seek attention. Teachers are finding out that they are convenient targets of false allegations. The situation has become dire enough that unions and professional organizations are counseling teachers to avoid being alone with a student under any circumstances. [2] X Research source
The investigation may be well underway before you are contacted. Social services may have interviewed the accuser, the child, and others who might have information about the situation. When you are notified that social services wants to interview you, you are entitled to speak to an attorney or refuse to participate. However, there is no “right to remain silent” at this stage and the investigator can interpret your reluctance as they see fit. Remember that the investigator is required by law to act in the best interests of the child. [3] X Research source
You can refuse to let the investigator into your house, but the agency is free to interpret that against you. However, your consent as a parent is not required to interview your child. Investigators can talk to your child at school. Think before you speak. Unless your attorney tells you otherwise, you should politely, calmly, firmly, and consistently deny the accusations. Your goal is to convince the investigator that you are the rational person in this situation. Trying to explain a situation will rarely work in your favor. You do not have enough knowledge about the law and the state regulations to protect your rights. If there are facts that could be misunderstood and make you look guilty, consider asking that the interview be rescheduled so you can have an attorney present. Bring your journal up to date after every contact with social services.
This does not mean you have been found guilty of child abuse. It means that there is sufficient reason to continue the investigation. A survey conducted in 2000, looking at over 5,000 reports of child abuse, found that about 29 percent were substantiated. This shows that the vast majority of allegations do not pan out and are closed.
The first question to ask is if you are under arrest. If the answer is “yes” you must immediately invoke your right to a lawyer. If the answer is “no” then you should strongly consider declining to speak with the police until you can talk with a lawyer. Approximately half to two-thirds of police interviews yield a full or partial confession. Police are professional interrogators. No matter what is said about the interview being “to clear things up,” and to “hear your side,” you must never forget that they are seeking incriminating information. [5] X Research source Even if you are completely innocent, if you have been accused of child abuse, do not speak to the police without first speaking with an attorney.
You are likely to end up in an abuse/neglect proceeding if the alleged victim is your own child. There is no chance of being put in jail in this type of court. However, in very serious cases, your parental rights could be severed.
Follow court orders to the letter. While the court is deciding your case, you may be ordered to have no contact with the child. Do not ignore the judge and sneak around to see the child or confront the accuser. Use your common sense. Defying the court makes you look guilty and you could be found in contempt of court. Cooperate with social services. You may be ordered to different types of assessments such as anger management or drug and alcohol counseling. Cooperate with these programs. A glowing report can be a huge step in resolving the criminal or neglect case in your favor.
Your counselor can help you with methods to explain the situation to your friends and family.
Speak with your attorney about getting a copy of the best document showing that the case was either closed or resolved in your favor. Use that evidence to help your clear your name with your job, professional associations, and co-workers. Don’t let the situation lapse into awkward silence where suspicions may linger about your potential guilt. If a professional license has been suspended or revoked, contact the licensing agency about how to appeal the decision. Typically, this will be done in writing and you can include documents showing that the case against you was unsubstantiated or closed. If allowed, ask for a hearing or meeting to explain it in person. Consult with an attorney to see if you have any legal recourse against your former employer.
