Craig and Wendy Humphries were accused of abuse by a rebellious 15-year-old daughter, were arrested and had other children taken away. A doctor confirmed the charges were false; the state dismissed the criminal case, and a court found them "factually innocent" of the charges. Their records were sealed and destroyed, but they were still identified on the CACI list as suspected abusers, and the charges were listed as "substantiated."
The California Child Abuse Central Index (CACI) reports suspected abuse and severe neglect collected from police reports and child welfare investigations.
A federal appeals court held that California's use of a list of "suspected child abusers" violates constitutional due process protections because those identified are given no fair opportunity to challenge the claims and get off the list.
According to Judge Jay Bybee, writing for the 9th U.S. Circuit Court of Appeals, the state includes the substantiated and "inconclusive" reports on the list of suspected child abusers, and CACI has no procedure for challenging a listing.
The court held that the state created both a stigma and a tangible burden on individuals' ability to obtain their rights and burdened their liberty interests.
Source:
Calif.'s 'suspected child abusers' list violates due process, 9th Circuit rules
See also:
Humphries v. County of Los Angeles
Index of child-abuser suspects is struck down
The California Child Abuse Central Index (CACI) reports suspected abuse and severe neglect collected from police reports and child welfare investigations.
A federal appeals court held that California's use of a list of "suspected child abusers" violates constitutional due process protections because those identified are given no fair opportunity to challenge the claims and get off the list.
According to Judge Jay Bybee, writing for the 9th U.S. Circuit Court of Appeals, the state includes the substantiated and "inconclusive" reports on the list of suspected child abusers, and CACI has no procedure for challenging a listing.
The court held that the state created both a stigma and a tangible burden on individuals' ability to obtain their rights and burdened their liberty interests.
Source:
Calif.'s 'suspected child abusers' list violates due process, 9th Circuit rules
See also:
Humphries v. County of Los Angeles
Index of child-abuser suspects is struck down
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