this post was submitted on 19 Nov 2023
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The allegations against L.B., made by an anonymous caller at 4:45 a.m. that day, were false. These included that she was a stripper (she worked at a home for people with disabilities); that she used drugs (none were found, and a drug test was negative for all substances); and that an abusive man lived with her and that she owned “machine guns” (after an exhaustive search and interrogation, both claims were deemed baseless).

In fact, L.B. has never been found to have committed any type of child maltreatment, ACS and court records show.

Yet the anonymous caller, whom L.B. believes to be a former acquaintance with a grudge, has continued to dial in to New York’s state child welfare hotline. Each time, this person or possibly people make outlandish, often already-disproven claims about her, seeming to know that doing so will automatically trigger a government intrusion into her domestic life.

And ACS obliges: Over the past three years, the agency either has inspected her home or examined and questioned her son at school more than two dozen times. Caseworkers have sought a warrant for only three of these searches, most recently in August. All of those requests have been rejected by judges, according to court records.

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[–] FlyingSquid@lemmy.world 107 points 1 year ago (3 children)

It's horrible what a determined harasser can get away with due to bureaucracy and a simple lack of looking before they leap when it comes to government agencies and police.

And they almost never get caught. If they do get caught, there's often no legal recourse because the laws in this country regarding harassing others are absolute dogshit.

[–] girlfreddy@lemmy.world 37 points 1 year ago (2 children)

Canada is better in some ways ... although we have a lot of room for improvement. Provincial gov'ts set their own standards and rules, but in the province where I was a CFS investigator we had access to back files on individuals that would be checked as soon as a call came in.

We also weren't allowed to check cupboards because simply being poor is NOT a valid reason to take kids away.

[–] FlyingSquid@lemmy.world 34 points 1 year ago (3 children)

It's crazy here. A bully at my daughter's middle school doxxed her on Discord and kept making prank phone calls. The school wouldn't do anything and there's basically nothing legally we could do about it either. The phone calls came from a spoofed number, meaning we couldn't prove who was making them, and apparently no one gets prosecuted for doxxing since no one knows what laws it breaks, so it's basically legal.

We pulled her out of school because of the bullying in general, and thankfully that girl stopped harassing when my daughter left school. I don't know what we would do if she had kept it up.

[–] girlfreddy@lemmy.world 15 points 1 year ago (1 children)

Ugh. I can't imagine what it's like raising kids now. I'm an angry person under the best of circumstances let alone someone threatening my child.

I'm glad you were able to find a solution, although it sucks your daughter had to be the one that changed.

[–] FlyingSquid@lemmy.world 8 points 1 year ago

Thanks. Online school will be better for her anyway. She has really bad social anxiety and being in big public school crowds and classrooms full of rowdy kids was always hard for her. The excessive bullying was the thing that broke her and made us pull her out. I had to quit my job to oversee her online schoolwork, but she's more important than my job and we've survived on a single income before.

[–] Raz@lemm.ee 14 points 1 year ago (1 children)

Reading this makes me so fucking angry. It baffles me how often bullies get away with shit, and even more how their own parents completely lack any form of empathy towards their kid's victim and will simply refuse to believe their "little angel" is a fucking gremlin. But the bully gets hit back just once, and suddenly the victim gets demonised. Blegh. I hate it so much.

I hope your kid is doing better now.

[–] FlyingSquid@lemmy.world 6 points 1 year ago (1 children)

She's healing, but it will be a long time before she's better.

[–] Raz@lemm.ee 2 points 1 year ago (1 children)

I wish her, and you as well, the best.

[–] FlyingSquid@lemmy.world 2 points 1 year ago
[–] Seleni@lemmy.world 11 points 1 year ago (1 children)

I hate to say it but… you hit the bully back. I was bullied in school, and that was the only thing that made a bully stop. Of course, don’t pound them into the ground, and do it when the teachers aren’t looking.

That was advice I got from a teacher, and it changed my life. Before, I’d gone to a teacher when I was bullied. I tried to ignore the bully (he hit me in the head with a rock for ignoring him). I tried asking the bully to stop.

Then one day my science teacher said, ‘sometimes, you have to hit back’.

[–] sukhmel@programming.dev 3 points 1 year ago (1 children)

And this may lead to all sorts of bad stuff. Adults, and I mean school officials and teachers, should do something with a bully, not that they always do and some even don't want to admit that they should.

[–] Seleni@lemmy.world 5 points 1 year ago

As someone who was bullied as a kid, I can say with confidence that they don’t. The best I ever got was the teacher asking them nicely to stop.

[–] bluGill@kbin.social 0 points 1 year ago

Drugs were also reported which would be reason to search cupboards. Though a 911 report alone shouldn't be enough to get a warrant .

[–] gooble@lemm.ee 9 points 1 year ago (1 children)

how is this due to bureaucracy? you think even less oversight and regulation is the answer? bureaucracy is the exact thing that would prevent things like this.

[–] FlyingSquid@lemmy.world 10 points 1 year ago

I guess by 'bureaucracy,' I meant a government that is so bogged down with these cases that they cut corners and don't pay attention to case histories. Probably hiring more people rather than more regulation and oversight would be the best thing to do.

[–] UltraMagnus0001@lemmy.world 3 points 1 year ago

sometimes you get killed in your sleep

[–] Venat0r@lemmy.world 104 points 1 year ago (4 children)

You'd think the police would investigate the person making the claims for wasting police time...

[–] AndyLikesCandy@reddthat.com 27 points 1 year ago (1 children)

They would only be forced to if she filed a lawsuit against the anonymous caller. People have done that before.

[–] stolid_agnostic@lemmy.ml 19 points 1 year ago

They don’t care.

[–] Baines@lemmy.world 9 points 1 year ago

too lazy and/or too stupid

[–] GladiusB@lemmy.world 0 points 1 year ago (1 children)

Would you risk it if a child is involved? I'm not saying your wrong. But it's worth noting that they are there for the the thousands of children that are being abused. Which still happens and people brush anything under the carpet.

[–] sukhmel@programming.dev 0 points 1 year ago (1 children)

Risk what exactly in this case of more than two dozens of checks having been performed? Her file is probably thicker than a hand and some of ACS workers should know it by heart by this time.

[–] GladiusB@lemmy.world 0 points 1 year ago

You don't want to hear it but there are those out there that can get through the system a shocking amount of times. But sure. Keep voting me down for answering the why that the OP asked.

[–] Dagwood222@lemm.ee 84 points 1 year ago (1 children)

Similar story in New York. A friend of mine worked for the 911 calling center. Someone would call and claim that there was a murder at the local Planned Parenthood office. By law, police/fire/EMS had to respond every time. The operators would tell the caller that they were diverting resources from actual emergencies, but they kept it up. iirc the DA's office eventually got involved and they tracked the caller down.

[–] creamed_eels@toast.ooo 9 points 1 year ago

Link? I’d like to know what came of this asshole.

[–] anon_8675309@lemmy.world 38 points 1 year ago* (last edited 1 year ago) (1 children)

Someone is taking advantage of the fact nobody wants to be wrong on a child abuse call. You don’t want to be the person who says, let this go, we’ve checked her out twelve times and then something happen.

Not saying it’s right… just saying.

[–] buddascrayon@lemmy.world 5 points 1 year ago

Then please explain to me why the fuck ACS is blocking laws that would require them to read the parents their constitutionally protected rights when conducting these "inspections" and also create a paper trail to stop false reporting and protect families from this sort of harassment.

They aren't worried about whether or not they are right, they don't actually want to protect children. They just want to protect their power.

[–] Lemjukes@lemm.ee 10 points 1 year ago* (last edited 1 year ago)

I’m really struggling here, can anyone tell me how someone could ever possibly be radicalized against the state? It just doesn’t seem like something any normal person with even the smallest sense of morality would ever do.

ACS: Actually the Criminal State

[–] buddascrayon@lemmy.world 10 points 1 year ago

ACS, DCFS, whatever the agency is called they are all fucking garbage. They are always politically motivated and always completely ineffectual at protecting children. Either doing things like this and harassing a parent and child due to shitty policy or not doing anything when children are being actively harmed, again due to shitty policy.

[–] Eezyville@sh.itjust.works 9 points 1 year ago (3 children)

So these government goons get to invade someone's house, ignore their privacy, take pictures of their kids undressed, and claim "We're protecting children!" They will fight to hold onto that power.

[–] girlfreddy@lemmy.world 21 points 1 year ago (1 children)

There is a proven need for the service. But it needs to be better regulated, NOT privatized and states should have rules limiting worker's authority.

[–] dan1101@lemm.ee 2 points 1 year ago (1 children)

Better regulation is definity needed, in cases like this CPS themselves are practically the abusers.

[–] Drusas@kbin.social 3 points 1 year ago

For real, the repeated interviews could be traumatizing to that child.

[–] HeartyBeast@kbin.social 19 points 1 year ago (1 children)

While this story is appalling - it's not a fight for power that's going on here. It's the justifiable fear that if they don't investigate they will be the social worker on the front page of the news paper with the headline "Child abused/dies after this official fails to act". As system based on good will and 'better safe than sorry' is being deliberately abused by the caller. There clearly need to be better mechanisms to prevent this, but it's not a trivial circle to square.

[–] Rivalarrival@lemmy.today 4 points 1 year ago (1 children)

Prevention isn't feasible, but reaction certainly is. Caseworkers should be able to go after false complainants in extraordinary circumstances.

[–] HeartyBeast@kbin.social 3 points 1 year ago (1 children)

Good point. Aggravated false complaints feel like the should be a criminal matter

[–] Rivalarrival@lemmy.today 1 points 1 year ago (1 children)

Since we are in agreement that the u justified complaints should be considered a criminal matter, we have to go back and look at the caseworker's actions again.

In complying with the criminal demand to act, the caseworker is now either another victim of that criminal act, or the caseworker is complicit in perpetrating that act of harassment. In the former case, the caseworker should be making their own criminal complaint against the perpetrator. In the latter, the caseworker should be joining the perpetrator in jail.

[–] HeartyBeast@kbin.social 3 points 1 year ago (1 children)

The caseworker is effectively another victim here, for the reasons I set out in my previous comment. There needs to be both an organisational framework and legal framework to support them. You say “t he caseworker should be making their own criminal complaint against the perpetrator”. What existing law is being broken? I don’t know - do you? If the complaints are anonymous how does an individual caseworker bring a complaint? Even if they bring the complaint in the belief that that the report is vexatious- does that mean that they are free to ignore the complaint? Or do they actually still need to che k it out?

[–] Rivalarrival@lemmy.today 2 points 1 year ago* (last edited 1 year ago) (1 children)

You don't have to be the victim to file a criminal complaint. The laws being broken are harassment of the family, filing a false report, and probably a bunch of others.

"Qualified immunity" is the idea that so long as an agent of the state is acting responsibly and in good faith, they are immune from prosecution. Here, upon observing these criminal acts against the family, their responsibility is to make the criminal complaint. Failure to act should cost them their immunity and make them civilly and criminally liable for the harassment.

Edit: there is no such thing as an "anonymous" complaint. The 6th amendment guarantees the right to face one's accuser. By accepting and acting on the accusation, the state violates the victim's constitutional rights of it attempts to maintain the complainant's anonymity.

[–] HeartyBeast@kbin.social 1 points 1 year ago (1 children)

" there is no such thing as an “anonymous” complaint. The 6th amendment guarantees the right to face one’s accuser. By accepting and acting on the accusation"

... so if someone phones up from an unkown number and says 'Mrs X is abusing her kid", nothing gets investigated?

[–] Rivalarrival@lemmy.today 1 points 1 year ago

What I am saying is that the state is not really allowed to say they had an anonymous complaint. The victim can file a criminal complaint of harassment against the caller, and subpoena any identifying information. They can file a lawsuit for defamation and subpoena the information. If they don't cooperate with those subpoenas, they become complicit.

[–] Serinus@lemmy.world 9 points 1 year ago (1 children)

It's offensive to exaggerate like this, even just implied. Clearly they need to have some policy against harassment like this.

But when you're considering this, acknowledge that it's important for case workers to do things like inspecting the kids' back and thighs for bruises. It's important for case workers to be able to follow up on cases where they haven't initially proven abuse.

The article says, "The agency finds a safety situation requiring removal of a child from a home in only 4% of these cases." Only?!? You do realize how reluctant they are to remove kids. If they're actually removing kids in 4% of cases, there's gotta be significant abuse in at least 12% of cases, likely more.

CPS does an incredibly rough, difficult, and important job. The hate they get for it is insane. Rarely are things black and white. Just like you shouldn't hate them blindly (or at all), you also shouldn't support them unconditionally.

They have issues that need fixed, apparently in New York at least. We don't need excessive hate and hyperbole to get that done.

[–] Rivalarrival@lemmy.today 1 points 1 year ago

The article says, "The agency finds a safety situation requiring removal of a child from a home in only 4% of these cases." Only?!? You do realize how reluctant they are to remove kids. If they're actually removing kids in 4% of cases, there's gotta be significant abuse in at least 12% of cases, likely more.

I'd go the other way on that one. "Contempt of caseworker" is a leading cause of removal action. I'd guess legitimate cases of significant abuse and neglect are probably closer to 1%.

[–] Emerald@lemmy.world 7 points 1 year ago

examined and questioned her son

The ACS is the one abusing the child. Classic