Parents Accused of Child Abuse Cleared of Charge, But Not Able To Clear Name

By Tyler & Wilson  Jun. 28, 2011 11:05a

A couple who were arrested by an L.A. County Sheriff's Department deputy nine years ago and charged with child abuse. They were exonerated of the domestic violence charges, but have been unable to clear their name. They were placed on California's child abuse state index after their teenage daughter falsely reported they were abusing her. Even though the charges were dropped shortly afterwards and a judge deemed the couple innocent, they were not able to clear their name on record.

Almost two years earlier, the couple had won a landmark victory in a U.S. Circuit Court of Appeals which declared that California's child abuse reporting system was in violation of the Constitution as it offered no process for people who were wrongly accused to clear their names. Despite the victory, as of September 2010, the couple still had not been able to get their name taken off the child abuser list. It remains there along with 800,000 names of others on the California index. There still was no method of appealing put in place.

The Child Abuse Prevention & Treatment Act

In 1974 the Child Abuse Prevention & Treatment Act which was passed by Congress created a central system to collect child abuse reports. Police, nurses, teachers, and others were then required to report any observed signs of  child abuse or neglect. These indexes are used by potential employers prior to hiring employees who work with children but often times contain erroneous information. In other states a person has the right to a hearing to challenge or contest a report which is inaccurate, but not so in California.

Competent Legal Help is Necessary

If you have been accused of  child abuse in the Los Angeles area, you should contact a Los Angeles domestic violence attorney as soon as possible. Law Enforcement and the courts view this as a serious crime.  A situation which was not actual abuse can quickly elevate into a full scale charge in need of legal defense. Further tragedy can result from a child abuse accusation and children can be taken away from their parents. At Tyler & Wilson, we have successfully been handling cases like this for years and can aggressively help defend you to protect your freedoms. We offer free consultations and will answer any questions you may have.

Contact a Los Angeles child abuse defense lawyer in our office to set up a consultation today.