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California Child Abuse Index Law Held Unconstitutional

By Walin & Klarich

Parents and others who have their name added to the child abuse index now can take legal action to have their names removed A recent 9th Circuit Court of Appeal panel ruled that a couple?s inability to remove their names from the Child Abuse Central Index is illegal and unconstitutional. This case involved a married couple who were arrested for child abuse in California and placed on the Child Abuse Central Index after their rebellious 15-year-old daughter accused them of abuse. Two criminal courts later cleared them from criminal charges and their criminal arrest record was sealed. However, their names continued to appear on the child abuse central index. The 9th Circuit Court of Appeals ruled that ?The state?s system for maintaining its Child Abuse Central Index amounts to an unconstitutional due process violation because there is no system to challenge inclusion on the list...continue to full post

Full post as published by Southern California Criminal Defense Blog on November 20, 2008 (boomark / email).