CALIFORNIA FAMILY LAW
...Domestic Violence
......Child Abuse Central Index
8 Cards On This Topic:

Summary of Law: Child Abuse Central Index.

Parents' continued listing in CACI, after child abuse charges proved false and dismissed, violated due process rights.

Parties listed in the CACI database must show a “stigma-plus” claim, which requires that a cognizable constitutional wrong be joined with the defamation claim in order to sue to have their names removed.

Trial court must apply independent judgment standard to CACI-listed H's challenge to County's determination that child abuse allegations made against him were inconclusive rather than unfounded.

Order denying mother's motion for order directing SSA to change its finding on child abuse report from substantiated to unfounded and to transmit to the DOJ was affirmed where mother had not exhausted administrative remedies.

SSA's motion to take additional evidence and dismiss mother's appeal denied where CACI report and referral printouts were not postjudgment evidence and therefore would not cause the appeal to become moot.

P alleged sufficient facts to support a right to hearing to challenge SSA decision to file child abuse report with CACI finding allegation of abuse substantiated or inconclusive.

CANRA impliedly recognizes suspected child abuser has right to present timely challenge to previously filed report and must be given a reasonable opportunity to rebut charge; appellate review of SSA decision proper.