CA- Calif.'s 'suspected child abusers' list violates due process, 9th Circuit rules

11-7-2008 California:

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, a federal appeals court held on Wednesday.

The California Child Abuse Central Index (CACI) reports suspected abuse and severe neglect collected from police reports and child welfare investigations. State law requires the results of inquiries be reported to the state if reports are substantiated or "inconclusive," as well as those determined to be "unfounded" reports.

The state then includes the substantiated and "inconclusive" reports on the list of suspected child abusers, according to Judge Jay Bybee, writing for the 9th U.S. Circuit Court of Appeals. Humphries v. County of Los Angeles, No. 05-56467.

The reports are then available to state agencies and law enforcement for investigations and for employment checks, and to out-of-state agencies checking on prospective foster care or adoptive parents and other job issues.

Bybee said the list became a nightmare for Craig and Wendy Humphries, who 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."

CACI has no procedure for challenging a listing, according to Bybee. It will also only remove "inconclusive" findings after 10 years, if no new reports are made.

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.

The burden cannot be placed on a liberty interest without providing due process protection for getting off the list, the court concluded. ..News Source.. by Pamela A. MacLean / Staff reporter