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.

  • HeartyBeast@kbin.social
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    1 year ago

    " 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
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      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.