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Tuesday
Nov302010

Supreme Court Overturns Order That Innocent Parents Be Removed From Child Abuse Database

The Supreme Court today ruled against two parents wrongfully accused of child abuse, overturning a lower court decision ordering Los Angeles County to develop procedures for removing wrongfully-accused parents from a California database of child abusers.

The decisions was unanimous, with Justice Elena Kagan recusing herself. Justice Steven Breyer wrote the Court’s opinion, finding that the parents did not show any harm coming from the county’s refusal to remove them from the Child Abuse Central Index.

The Child Abuse Central Index was set up by California state law, and it lists all reports of child abuse for 10 years. Because the index was set up by state law, Justice Breyer wrote, it was up to the state to come up with a process for removing people. The county government could not be required to develop its own procedures.

The Supreme Court had not been asked to reconsider earlier rulings against the state or the lower court order that Los Angeles County pay monetary damages, including attorney’s fees. The case is Los Angeles County v. Humphries.

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