Child abuse list: ‘Guilty until found innocent' (In NH, your Guilty even when proven innocent)

Child abuse list: ‘Guilty until found innocent'
By TERI SFORZA
tsforza@ocregister.com

Note-In NH your guilty even when proven innocent and your children are still NEVER returned!


Nearly 800 Orange County residents landed on the state’s list of child abusers last year — based on investigations that failed to determine whether any abuse actually occurred.
The names of these 792 maybe/maybe-not abusers can remain on the California Child Abuse Central Index for 10 years, and the list can be seen by employers, schools, local police departments, adoption agencies, etc.


“In a laudable attempt to protect children, the CACI process jeopardizes the reputation and employment status of thousands of Orange County residents, the Orange County Grand Jury says in “CACI: Child Abuse Central Index: Guilty Until Found Innocent.”
“The process and guidelines for placing someone on the Child Abuse Central Index (CACI) based on an Inconclusive finding are confusing, highly subjective and provide little protection for those individuals falsely accused of abuse.”
Problem is, California law requiresthat inconclusive investigations be reported to the child abuse index. “This represents a conflict with the American legal principle of innocent until proven guilty,” the grand jury declares.
How to fix? ” Orange County should join other counties in supporting a revision of the California Penal Code that would eliminate or modify the Inconclusive finding,” it says.
Which is sweet music to the ears of folks like George and Bette McFetridge, an Irvine couple who wound up on the child abuse list after an adoption-gone-awry.
The McFetridges fought back, and were ultimately removed from the list, but they’re suing the Orange County Social Services Agency in an attempt to change a system that they say shoots first and asks questions later.
“I’m thrilled that they took the time to investigate this, and they did a real good analysis of the law,” said George McFetridge (who, incidentally, is a deputy district attorney for Orange County). “The ‘inconclusive’ category has been eliminated in most states. Theoretically, there are 792 other lawsuits out there, and that’s just this year. This could get very expensive.
“It’s a great idea, you want to protect children, but a list that’s not accurate does more harm than good.”
Changing state law to eliminate the “inconclusive” finding “is something that’s been long overdue,” said Bette McFetridge.
The grand jury report comes at a time when other courts in the nation are declaring child-abuse registries like California’s to be unconstitutional, because alleged abusers had no chance to defend themselves before being listed.
The grand jury found that social workers are as frustrated with the system as the McFetridges. It also recommends that:
Orange County’s department of children and family services should be the central reporting agency for all county child abuse index reports, and should conduct all grievance hearings.
Case files should reflect oral and written notification of the suspects and any unsuccessful contact should be noted.
Registered mail should be considered for written notifications.
The county has 90 days to respond.
Read the full report here or here: child-abuse-report. Our reports on the McFetridges’ case are here:
Adoption gone awry lands couple on child abuse list
System branding people as child abusers under attack
Judge narrows suit regarding innocents on child abuse index

http://www.ocregister.com/news/strong-253493-state-innocent.html