A false allegation of child abuse or neglect is terrifying. It is an assault on your pride, dignity, and spirit. You can be shocked, angry, bewildered, frustrated, frightened, and shamed by such heinous accusations.

51A reports have been filed out of spite, for revenge, or to gain leverage in custody proceedings, and the Department is aware of this. Once a report is screened in, however, DSS must investigate.

Sometimes false allegations are made unintentionally. There may have been a misunderstanding where multiple layers of statements made by many people take on a life of their own. Many of the statements made are not accurately or adequately recorded and are open to misinterpretation by professionals who do not know your child and his or her life experiences. Also, a contentious relationship with the other parent is an extremely important factor that is too often overlooked.

Case: Allegations of sexual abuse were made by a mother who did not want father to have visitation. The three-year-old child was seen by many collaterals because mother claimed the child made various allegations of sexual abuse. (Interestingly, mother's statements changed with each collateral.) The written record of several collaterals made reference to the child talking about a "cozy seat" and "comfy chair." The child was actually referring to The Big Comfy Couch, a children's program on public television.

When a murder has been committed, there is a body left behind. In a robbery, there are stolen items that can be used as evidence. However, when allegations of child abuse are false, there is no physical evidence. You must prove that something that did not happen did not happen.

However, even normally occurring physical "evidence" such as the bumps, scrapes, and bruises children get during the normal course of play, or even the redness of a rash, can be misread, misinterpreted, and later misrepresented.

Compounding the problem is the fact that reports of child abuse can be made anonymously. Even when the name of the reporter is known, however, the Department cannot tell you who filed the report.

To their detriment, in an effort to prove their innocence to the Department of Social Services, some clients have been incautious when speaking with the Department of Social Services' 51B investigator, truly believing that if they are completely open and honest, surely the Department will realize that the accusations are ridiculous. Instead, they find that their attempts at openness and honesty have backfired.

Case: When asked about her drinking, a mother being questioned by a DSS worker confessed that when she was in college some 20+ years before, she occasionally drank to get "faced." The social worker represented that mother currently had a drinking problem.

Case: A mother revealed a great deal of information about her marriages to the 51B investigator. She divorced her first husband because he was physically abusive. The social worker mixed the two marriages and referred the second husband to a batterer's program.

Many 51B investigators take very few notes, yet produce extremely detailed 51B reports which include long quotations. We have seen more than one instance where information in the 51B report has been misinterpreted, garbled, and/or utterly falsified.

Case: A deeply troubled teenager, who had been in a residential placement with other troubled teenagers, told social workers that her grandfather molested her. She also told social workers that she had had a baby (easily verifiable as false).

The 51B investigator called grandfather, who worked nights and was sleeping when the investigator called.

The 51B investigator wrote in her 51B report that grandfather immediately said, "Oh, my God, I didn't do it." What neither grandfather nor the 51B investigator realized was that because it had taken grandfather so long to answer the phone, his answering machine picked up, and the entire conversation was recorded.

The answering machine recording revealed that the 51B investigator told grandfather there were "allegations" made but refused to tell him what they were when he asked, instead asking repeatedly "Can I come over?" Grandfather kept asking, "Is this a joke?" God was not mentioned anywhere on the answering machine tape.

The Department of Social Services is obligated to make a referral to the District Attorney when serious injury occurs. However, DSS can and does make "discretionary" referrals to the District Attorney's office.

Case: A school was told by a child (with a history of telling lies) with a mark on her face that her mother had kicked her in the face with a shod foot. The school called the Department of Social Services, which immediately referred the matter to the District Attorney because of the child's claim. When the Department interviewed the child some 36 hours later, the child had a mark significantly smaller than what the school had claimed, and the Department acknowledged that the mark could have been a rug burn. Nevertheless, mother had to endure several criminal hearings, a fair hearing, and eventually a hearing in Superior Court, where the judge issued his decision in mother's favor from the bench.

It is for this reason that the Law Office of Kevin Patrick Seaver recommends that you:

Some social workers bring their own issues into every investigation. We know of one out-of-state investigator who had been sexually abused as a child and found an inordinate amount of sexual abuse in her cases, even when none had been alleged.

We all make mistakes. Sometimes the best service an attorney can provide for you is to advocate for services when you need them. But if the allegation is truly false, you must be proactive. Get help from a competent attorney when you need it.