False Reporting and Mandatory Reporting

Will a recent case impact whether or not individuals report suspected abuse?

Reviewed by Abigail Fagan

"Take Care of Maya," a Netflix documentary, follows the story of a 9-year-old girl who began experiencing horrible chronic pain, skin lesions, breathing difficulties, and lower limb dystonia. Maya’s parents desperately sought an accurate diagnosis from numerous medical providers before finding Dr. Anthony Kirkpatrick, who diagnosed Maya with a rare condition known as CRPS (complex regional pain syndrome).

Dr. Kirkpatrick began treating Maya with low doses of ketamine to no avail and later prescribed 1,000 mg of ketamine daily, which effectively managed her symptoms for a year. Maya relapsed in 2016, and her father took her to Johns Hopkins All Children’s Hospital’s ER in Florida. Staff there were concerned with the high dose of ketamine and unfamiliar with the rare CRPS diagnosis. When Maya’s mother, Beata, arrives and tries to explain what Maya needs medically, she is perceived as demanding and controlling. As mandatory reporters (MRs), the hospital staff contacted CPS to report suspected abuse, believing Beata may be exhibiting Munchausen by Proxy.

Dr. Sally Smith, a contracted child abuse pediatrician at Hopkins, concludes Beata is abusing Maya, and a judge orders no contact between Beata and Maya. However, her father, Jack, is allowed hospital visits under strict rules. Maya remains isolated in the hospital for months while her parents legally fight to get their daughter back. No longer being given the ketamine protocol prescribed by Dr. Kirkpatrick, Maya’s physical condition significantly worsened during hospitalization. Tragically, Beata takes her own life after 87 days without her daughter, thinking she is keeping Maya from returning home.

In Florida, mandatory reporting laws require certain designated professionals to report suspected child maltreatment and abandonment immediately to a 24/7 hotline. A mandatory reporter (MR) may face criminal penalties if they fail to report suspected abuse. MRs in Florida who report in good faith are provided with immunity from civil lawsuits. Any MR who willfully and knowingly files a false child abuse report in Florida may face a third-degree felony, civil penalties, and/or disciplinary action from their licensing board.

In Maya’s case, it was discovered that Dr. Sally Smith, an MR and a pediatrician specializing in child abuse, was quick to diagnose caretakers as abusive in multiple instances. Consequently, children in her jurisdiction were removed from their homes at a higher rate than the state average. Dr. Smith was never criminally charged; however, she and others at Hopkins were sued civilly by the Kowalski family, resulting in a $2.5 million settlement. The Kowalski’s also sued Hopkins, alleging the hospital caused false imprisonment and emotional trauma and violated their rights. The family was awarded $261 million in damages.

Some professionals have weighed in, fearing that Maya’s case may result in a significant number of MRs refraining from reporting suspected abuse, fearing they may be “wrong” and penalized. In contrast, others believe that mandatory reporters have far too much influence without consequence.

For example, Joslin (2023) argues that “when a person is falsely accused of child abuse, there are negligible if any, legal causes of action that can be brought against the child abuse reporter because of the expansive immunity protections that are afforded to the child abuse reporters across the United States.” However, including Florida, most states have varying laws penalizing MRs for making false child maltreatment reports.

In general, when an MR has a reasonable suspicion of suspected child maltreatment, their role is to make a good-faith report. It is not the role of the MR to prove that maltreatment has occurred. That is the role of CPS and/or law enforcement. Child Maltreatment (2022) clarifies that only referrals meeting CPS criteria are screened in (and called reports) and receive an investigation or alternative response. An investigation response includes assessing the allegation based on policy and state law to determine whether maltreatment occurred, if the child is at risk of maltreatment, and to decide which services to provide, if any.

Federal Fiscal Year (FFY) 2022 data show professionals make 70% of child maltreatment reports. The highest percentages of reports are from legal and law enforcement personnel (21.2%), education personnel (20.7%), and medical personnel (11.2%). Nonprofessionals made 15.2% of reports, with parents as the largest category (5.8%).

What does the data say about false reporting? Exact numbers are lacking, but studies estimate that about 2-10% of reports are false. CPS assesses whether a report is intentionally false, unsubstantiated, or substantiated. Most child maltreatment reports are unsubstantiated after being investigated, but that does not mean the unsubstantiated report was "intentionally false." More often, it means that sufficient evidence to confirm child maltreatment was lacking.

The majority of mandatory reporters are licensed, educated professionals. I believe most MRs do their best to fulfill their reporting duty to the best of their ability. However, MRs are human. Some fail to report suspected abuse for a variety of reasons, such as fearing retaliation or "getting it wrong." A small percentage intentionally file false reports. Though research is limited regarding why an MR might deliberately make a false report, prejudice, personal bias, and personal vendettas may be contributing factors. Further, MRs with limited experience or training may be more likely to make an unsubstantiated report.

According to the Child Protection Ombudsman of Colorado, only four states in the nation require MR training for all MRs in the state. However, in most states, state statutes do not address training requirements for MRs at all. This is unfortunate, considering that training provides MR professionals with the needed expertise and skills to identify and respond to signs of child maltreatment more accurately. Training can reduce the likelihood of unnecessary reports. Consequently, children who genuinely need CPS intervention will be more accurately identified and served.