Los Angeles Parents Falsely Accused Of Child Abuse Remain On Child Abuser List After Being Acquitted Of Charges.

Posted on: March 11, 2010 at 6:11 p.m.

Many people think that a Los Angeles Domestic Violence Defense Attorney is only necessary before and during a trial. However, as this story demonstrates, a Los Angeles Domestic Violence Defense Attorney can play a major role in the many ways criminal charges can impact your life.

Nine years ago, Craig and Wendy Humphries of Valencia were arrested by Los Angeles County sheriff's deputies and had their other young children taken away from them after their rebellious teenager falsely accused them of abuse.

The legal ramifications of this case continue to this day. Even though the state courts agreed with the parents and labeled the teenage girl’s original complaint as “not true", they are still listed as child abusers on the state's Child Abuse Central Index.

California's Child Abuse and Neglect Reporting Act requires various state and local officers, including the police, to submit reports of child abuse even if they are "inconclusive." The list includes 800,000 names. The parents have tried throughout the years to be removed from the index, but have met obstacles along the way, including a deputy that claimed that the complaints were substantiated. Wendy Humphries, a special education teacher, worried that being on the list could prevent her state credentials from being renewed.

The Humphrieses had sued in federal court, alleging that their constitutional rights were violated. They won in 2008 before the 9th Circuit Court of Appeals, which said the system is unconstitutional because it does not give innocent people a procedure to have their names removed. More than a year later, the parents still remain on the list.

Timothy Coates, an L.A. lawyer who represented the county in its appeal, argued that the county did not devise the state index and is not free to change it. In the meantime, the state remains obligated under the 9th Circuit ruling to devise a procedure to allow innocent people to have their names removed.

This is an all too common occurrence in Los Angeles, as well as the entire state of California and in many other states across the country. As any Los Angeles Domestic Violence Defense Attorney will tell you, of the 800,000 names on the list in California, many are unsubstantiated complaints that have led to serious restrictions for some parents and caregivers. The conflicting state and county rules on the Child Abuse Central Index make it nearly impossible for responsible parents to be taken off the index, even when they are found to be not guilty.

In a case like this, it is crucial that you have legal counsel that is professional and knowledgeable in both the state and county laws and regulations. The experienced Los Angeles Domestic Violence Defense Attorney at Kestenbaum, Eisner & Gorin, LLP have more than 50 years of courtroom experience and are knowledgeable in Los Angeles Domestic Violence Defense Attorney">Los Angeles Domestic Violence laws as well as statewide laws on the issue. If you have been falsely accused of domestic violence and are in danger of being placed or have already been placed on the Child Abuse Central Index, contact us immediately at 1-877-781-1570 or visit our website at www.keglawyers.com to find out how we can help you.

Tagged as: los angeles domestic violence defense attorney

Kestenbaum Eisner & Gorin LLP has been recognized as one of the best U.S. law firms, based on the experience, professionalism, and ethics of its criminal defense lawyers and attorneys. We aggressively defend clients in all Southern California courtrooms on state and federal charges, including DUI, DMV, misdemeanor, felony, juvenile cases, in the following communities and courthouses.

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Los Angeles Parents Falsely Accused Of Child Abuse Remain On Child Abuser List After Being Acquitted Of Charges.

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