Florida takes the protection of its children very seriously. Child abuse is considered a violent crime, and is treated and prosecuted as a felony. The state believes that we all have a duty to protect our community – that’s why it is also a felony to not report child abuse, as well as to falsely report the same. This is often referred to as “Caylee’s Law.”
In the following article, we’ll go over Florida’s reporting laws and the consequences for squandering state resources.
Lawyer
A conviction for child abuse or neglect can have huge ramifications on your life, as can failing to report it. If you have been arrested on allegations of failing to report child abuse or neglect in Spring Hill, Brooksville, Timber Pines, Homosassa Springs, Floral City, Bushnell, or anywhere else in Hernando County, Citrus County, or Sumter County, begin your defense immediately by contacting The Law Office of Ashley Aulls, P.A. as soon as possible after your arrest.
Ashley Aulls is a skilled and knowledgeable Brooksville criminal defense attorney who has practiced law since 1996. This special combination of criminal defense and family law experience gives Ashley Aulls a unique understanding of your situation and how to adequately defend your rights and future from a conviction for child neglect or child abuse in the Hernando County area.
To find out more about what The Law Office of Ashley Aulls, P.A. can do for your Spring Hill area case, call (352) 593-4115 today and schedule your initial case consultation.
Information Center
- Failure to Report
- False Reports
- Penalties for False Reports
- Common Defenses
- Additional Resources
- Hire a Failure to Report Attorney in Hernando County, FL
Failure to Report
State law requires that any able-bodied person who is aware of child abuse is required to report it, including family members.
Florida Statutes Section 39.205 reads as follows: “A person who knowingly and willfully fails to report to the central abuse hotline known or suspected child abuse, abandonment, or neglect, or who knowingly and willfully prevents another person from doing so, commits a felony of the third degree.”
This means that in order to be charged with child abuse, the state must prove that you:
- Knew about the child abuse
- Was able to report the crime to the central abuse hotline or to a trusted authority
- Chose not to report the abuse
The state also specifies that any person living in the house where the abuse occurs is liable under law. This includes family members – this is why both parents may be charged with failing to report child abuse in cases of domestic abuse.
Failing to report the crime is a felony in the third degree.
Some Caveats
There are a few edge cases where law enforcement may not prosecute a failure to report child abuse. These include:
- Cases in which the perpetrator was 18 and living in the household, as per subsection 1, but the person was a victim of domestic violence. This protects one parent when the other is abusive, as well as siblings when one or another parent is abusive.
- A judge who receives the information in the course of official duties.
False Reports
The state also recognizes that it has limited resources. Section 39.205(8) defines a false report as an intentionally misleading report for the purposes of:
- Harassing, embarrassing, or harming another person;
- Personal financial gain for the reporting person;
- Acquiring custody of a child; or
- Personal benefit for the reporting person in any other private dispute involving a child.
The state must decide whether or not to refer the false report to the state based on the facts of the case – if the law enforcement agency finds that the report was not filed in good faith, they are obligated to send it to the appropriate state prosecution.
Submitting a false report for personal gain is a felony in the third degree.
Penalties
The reports for failing to report child abuse/neglect and for filing a false report are the same: a third-degree felony. Third-degree felonies are punishable in Florida by:
- 5 years imprisonment and/or
- Fine of up to $5,000.
In addition, anyone filing a false child abuse report may not be eligible for adoption under the state’s program, and will be looked extremely unfavorably upon during child custody hearings.
Common Defenses
There are two key avenues for Failure to Report defenses.
- You had no knowledge of the abuse – while both parents generally have an obligation to know what’s going on in their child’s lives, it is unfortunately common for one parent to secretly abuse their child. Proving that you couldn’t have known about the abuse is difficult, but not impossible. It generally relies on explaining your day-to-day life and demonstrating that no reasonable person in your position would have been able to know.
- You could not report the abuse – In some situations, the father or mother may be so abusive to the family that the other parent fears for his or her life. In this case, your attorney will need to prove that the other parent was abusive to the point where you were unable to safely report the abuse.
The exact defense strategy created by your attorney will vary from case to case.
Additional Resources
Mandatory Reporting Guide – Florida’s courts provide a guide on child abuse reporting guidelines. Read through the guide to understand the impact of child abuse, the procedure and guidelines for reporting abuse.
Child Abuse Resources – Follow this link to access a myriad of resources for child abuse/neglect in Hernando County, FL.
Hire a Failure to Report Attorney in Hernando County, FL
If you have been arrested and charged for failing to report child neglect or child abuse contact The Law Office of Ashley Aulls, P.A. as soon as possible after your arrest.
Ashley Aulls handles both criminal and family law cases. Attorney Aulls accepts cases in Brooksville, Spring Hill, Timber Pines, Brookridge, High Point, Hernando Beach, Inverness, Inverness Highlands, Beverly Hills, Hernando, Center Hill, Webster, the Villages, Dade City, Shady Hills, Hudson, or anywhere else in the Hernando, Citrus, Sumter, or Pasco County area.
Call (352) 593-4115 today and schedule a consultation.