Recently, someone called Child Protection Services on Cardi B in the middle of the night. The caller claimed that Cardi B was physically abusing her children. The rapper has had pranks pulled on her in the past (e.g. food deliveries she never ordered), but she draws the line at “pranks” affecting her children. In turn, she promised to reveal the identity of the reporter and then beat them up. She has encountered significant barriers in accomplishing the first part, however.

Arizona’s version of Child Protective Services, the Department of Child Safety (DCS), acts similarly. After receiving a report of child abuse, DCS investigates the allegations by knocking on your door and interviewing all children and adults in your home. Surprisingly, DCS sometimes goes to your children’s school(s) and pulls your children out of class without your consent or knowledge. Although this seems drastic, DCS has the ability to do this. DCS will only know if the report is credible after investigating, so these intrusive investigations have been allowed by the state legislature.

False allegations of child abuse are a reality of estranged relationships. We’ve previously discussed the legal defenses available when they occur, but revealing the identity of the reporter in Arizona is sometimes a greater challenge than defending against the allegations.

Arizona Generally Prohibits Revealing the Reporter:

A.R.S. 8-807 only requires the DCS to release reporter information to courts and certain law enforcement agencies. Under some situations, the DCS must also release information to protect the allegedly victimized child. In any case, the DCS will never be required under these exceptions to release the name or information of the reporter to the alleged perpetrator. In practice, “not required” is synonymous with “will not.” Meaning, if someone reports you to the DCS, you will probably never know who. Though frustrating, the policy rationale is clear: Arizona wants people who suspect child abuse to report their suspicions without fear that the alleged perpetrator will retaliate [1].

But there is one way to access this information. The statute, though primarily focused on protecting reporters, also recognizes in subsection (7)(M) that people submit unfounded reports in bad faith and with malicious intent. If you believe that the reporter made such a frivolous report, you can petition a superior court judge by explaining why you believe the report was made in bad faith or with malicious intent, and by providing any available evidence to support this claim. If the judge agrees and finds no likelihood of endangering the safety of the reporter, then the court will order the DCS to provide the reported person a copy of the DCS information [2]. In some cases, this false report will result in criminal charges for the reporter [3]. In some other cases, you may receive a copy of the report, but the court will order you not to disclose the information to anyone else [4].

Regardless of what happens, please do not follow Cardi B’s advice if you learn their identity. You have civil options available to you to seek redress against the reporter for making a false report. But if you respond with physical violence, you will be the one in hot water.

[1] A.R.S. § 8-807.

[2] A.R.S. § 8-807(7)(M).

[3] Intentionally making a false report of child abuse or neglect to the DCS is a class 1 misdemeanor in Arizona. A.R.S. § 13-2907.02.

[4] A.R.S. § 8-807(7)(U).

Brad TenBrook is a former Assistant Attorney General in Arizona. Brad’s practice now focuses on child abuse and neglect litigation. 

Sam Fraser is a 2l at Sandra Day O’Connor College of Law. As a law clerk at Woodnick Law PLLC, Sam has the opportunity to assist with real cases and to research areas of interest relating to his future practice of law.