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Florida Administrative Code (Last Updated: October 28, 2024) |
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65. Department of Children and Families |
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65C. Family Safety and Preservation Program |
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65C-29. Protective Investigations |
1(1) When a child protective investigator suspects that a false report has been made, 15the investigator 17shall advise the reporter of the potential administrative fines, civil and criminal penalties 30associated with the filing of 35a false report.
38(2) In determining whether a report has been filed maliciously, the Department shall consider the following factors:
55(a) 56There are no indicators of abuse, neglect or abandonment as alleged in the report.
70(b) 71The reporter has made contradictory or inconsistent statements when questioned about how the reported information was obtained.
88(c) 89Prior allegations made 92by this reporter have been determined to be 100patently unfounded 102or to have no indicators of abuse, neglect or abandonment.
112(d) 113There is credible evidence that the reporter has a history of disputes or seeking retaliation against the alleged perpetrator or other family members.
136(e) 137There is a history of unresolved 143custody issues 145between the reporter and the alleged perpetrator or other family members.
156(3) Child protective investigators and child protective investigator supervisors shall, in consultation with the Children’s Legal Services attorney, 174and with the consent of the alleged perpetrator, refer the suspected false report to the local 190law enforcement agency 193having jurisdiction along with the following information:
200(a) The report number 204and a copy of the investigative file;
211(b) All factors that were considered in the determination that the report constitutes a suspected false report;
228(c) The audio recording of the call to the Florida Abuse Hotline; and
241(d) The identification of the physical location from where the call originated.
253Rulemaking 254Authority 25539.012, 25639.0121, 25739.205(7) FS. 259Law Implemented 26139.206, 26239.205(7) FS. 264History–New 5-4-06, Amended 12-31-14.
