Texas no longer allows anonymous child abuse reports, but rules vary by state | Fact check
The claim: CPS no longer allows anonymous reports, subject 'will be notified who called'
A Sept. 4 Facebook post (direct link, archive link) suggests anyone in the U.S. who wants to report potential child abuse will be required to reveal their identity.
“As of 9/2/23 y’all can’t dry call CPS anonymously on these females because y’all mad the dude y’all love liking on them (sic),” reads the post. “You have to leave your full name and address and the other person will be notified who called and if it’s a lie you going to jail #newlaws2023.”
The post was shared more than 300 times in three weeks.
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Our rating: Partly false
A new Texas law prohibits anonymous child abuse reports to the state’s designated investigation agency, but there's no nationwide mandate to this effect. And no states report the name of the person making the report to the subject.
Texas was the first state to fully ban anonymous child abuse reports
The post doesn't specify what area it is referring to, but the description is misleading both for Texas – which recently passed a law in this vein – and nationwide.
“There is currently no federal law requiring people who report child abuse to give their identity and contact information,” said Elizabeth Solhtalab, chief public policy and government relations officer of Prevent Child Abuse America. “Importantly, reporting laws do vary by state, and there are times when contact information may be requested, particularly for state-designated mandatory reporters.”
A Texas House bill that took effect Sept. 1 requires people who report potential child abuse to the Texas Department of Family and Protective Services to give their name, address and phone number, according to the text of the bill. It also requires the family services department to tell the reporting person that making a false report is a crime punishable as a state jail felony or third-degree felony, both of which have minimum imprisonment sentences under Texas law.
The state's bill analysis describes the Child Protective Services reporting system as “prone to exploitation by misinformed bystanders witnessing a meltdown by a child with a disability, vengeful parents in a custody dispute, and other bad actors.” It strives to cut down on what it says are “needless hours” spent investigating false anonymous reports.
The department's website confirms it no longer accepts anonymous reports of child abuse but says such reports can still be made to local or state law enforcement agencies.
The claim that a reporter's information is shared with the subject of the report under the new law is false.
“The identities of those who report suspected abuse are always kept confidential and never disclosed to the subjects of the report,” said Marissa Gonzales, a department spokesperson.
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Other states have yet to follow Texas' lead by implementing similar restrictions.
"With the exception of Texas, no state currently has a ban on anonymous child abuse reports," said Denise Biben, chief administrative officer of ChildHelp, a national organization that advocates for abused children.
A similar bill was introduced in Colorado in January but did not become law. Missouri does not allow mandated reporters to make anonymous reports but keeps their information confidential.
"We are not aware of a state where the identifying information of the reporter is shared with the subject of the report as a standard practice," Biben said.
Various states, including Virginia, Idaho and Florida, still accept anonymous reports, according to the websites of their respective reporting agencies.
Paste BN reached out to the user who shared the post for comment but did not immediately receive a response.
Our fact-check sources:
- Denise Biben, Sept. 21, Email exchange with Paste BN
- Elizabeth Solhtalab, Sept. 20, Email exchange with Paste BN
- LegiScan, accessed Sept. 20, Texas House Bill 63
- Marissa Gonzales, Sept. 20, Email exchange with Paste BN
- Texas Department of Family and Protective Services, accessed Sept. 20, Report Abuse, Neglect, or Exploitation
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