Senate Judiciary B Committee Chairman Joey Fillingane, R-Sumrall, explains the various sections of a bill in the Senate Chamber, as lawmakers consider bills on their calendar, Friday, Feb. 3, 2023, at the Mississippi Capitol in Jackson. (AP Photo/Rogelio V. Solis - Copyright 2023 The Associated Press. All rights reserved.)
- Senator Judiciary B Chairman State Senator Joey Fillingane the measure is intended to prevent people from making false reports.
The penalties for willfully filing a false child abuse claim could be more severe in Mississippi after the Senate Judiciary B Committee passed a House bill Wednesday to include thousands of dollars in fines and jail.
HB 1577 states that if a false report is filed, that person can be fined up to $5,000 and jailed for up to one year.
Senator Judiciary B Chairman State Senator Joey Fillingane (R) said bills of this nature are always a challenge. In the end, he said, the measure should prevent people from making false reports.
“A lot of times, in domestic or political situations, people try to weaponize the child,” he said after the bill unanimously passed the committee. “The false reporting is like a free shot against your opponent, be it in politics or a divorce.”
According to the Child Welfare League of America, Mississippi had 32,923 total referrals for child abuse and neglect in 2023.
The House bill states that a report will not be considered “in good faith” when it is not supported by “credible evidence.”
Under the measure, if someone files a report relying on credible evidence or information, they will not be prosecuted. Fillingane gave the example of seeing someone strike a child in a public area who then reports it. The reporter, he said, has credible evidence.
In addition to the fine and jail time, a person making a false report may be ordered by the courts to pay restitution to law enforcement and/or the Department of Child Protection Services for any costs stemming from the investigation, the bill states.
Either the Attorney General’s Office or a county prosecutor’s office will oversee the prosecution of such cases.
During a short committee debate, State Senator Daniel Sparks (R) said the burden of proving bad-faith reporting will fall on the state.
“What we have is also a burden put upon Child Protection Service,” said Sparks. “And as we’re trying to help Child Protection Services to process legitimate cases properly, people who are coming in and filing what we would call false cases just in retribution.”
Sparks and Fillingane said cutting down on false reporting would give CPS more time to investigate actual abuse cases.
State Senator Angela Hill (R) said the Legislature has been trying to pass similar bills for “years and years and years.” She said she would like to see an amendment where the person being investigated for abuse is notified by CPS of who filed the complaint.
HB 1577 passed the House on February 12 and was authored by State Representative Kevin Felsher (R). The amended Senate version of bill now goes to the full Senate for consideration.
Daniel Tyson
