Registry Unconstitutional... class action in order?

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justice

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I'm hoping to find info on filing a class action against a state agency.

After being falsely accused of child abuse, I was immediately labeled an offender on the central registry. This is BEFORE having a chance to be heard or to refute the allegation. This is a violation of Due Process, especially considering that full relief cannot be obtained through a post-deprivation procedure (they can't "unring" the bell).

I have since won my case and had the false accusation overturned, but my name remains on the registry. Even though the law says all cases found to be unsubstantiated must be "promptly expunged" the registry has merely "amended" the files (i.e. simply changed the case determination from "true" to unsubstantiated). That is not at all the same thing.

So, if I try to obtain employment in any care providing capacity (such as working at a preschool which I did before having my baby), my name will STILL be on the list for my prospective employer to see. They may not read far enough to reveal that the case was untrue, and even if they do, the stigma of being accused and investigated is extremely harmful to my reputation. Would you hire a person whose name appeared on such a blacklist to care for your child? That is why it should be "expunged."

My state Constitution's due process section also guarantees specific protection for "reputation" along with the usual life, liberty, and property.

There was a large article in the paper about how people's rights are being violated by this registry, so I know there are many others out there who have suffered the same. That's why I feel a class action would be the best route to take.

Please tell me if you think I have a case, and what my best option for proceeding would be. Thank you in advance for all suggestions.
 
You may very well have a case and this is the kind of case which you really would want to hire an attorney -- who may very well take the case on a contingency fee if it is what you say it is. Could you point us to the article? What you say sounds like a blatant violation of rights... but would government be that stupid to expose themselves to such a lawsuit? Is there another side? Perhaps you do have a great case...

Originally posted by justice
I'm hoping to find info on filing a class action against a state agency.

After being falsely accused of child abuse, I was immediately labeled an offender on the central registry. This is BEFORE having a chance to be heard or to refute the allegation. This is a violation of Due Process, especially considering that full relief cannot be obtained through a post-deprivation procedure (they can't "unring" the bell).

I have since won my case and had the false accusation overturned, but my name remains on the registry. Even though the law says all cases found to be unsubstantiated must be "promptly expunged" the registry has merely "amended" the files (i.e. simply changed the case determination from "true" to unsubstantiated). That is not at all the same thing.

So, if I try to obtain employment in any care providing capacity (such as working at a preschool which I did before having my baby), my name will STILL be on the list for my prospective employer to see. They may not read far enough to reveal that the case was untrue, and even if they do, the stigma of being accused and investigated is extremely harmful to my reputation. Would you hire a person whose name appeared on such a blacklist to care for your child? That is why it should be "expunged."

My state Constitution's due process section also guarantees specific protection for "reputation" along with the usual life, liberty, and property.

There was a large article in the paper about how people's rights are being violated by this registry, so I know there are many others out there who have suffered the same. That's why I feel a class action would be the best route to take.

Please tell me if you think I have a case, and what my best option for proceeding would be. Thank you in advance for all suggestions.
 
Re: Re: Registry Unconstitutional... class action in order?

Since I posted this message, my name has been removed from the registry. However, I still feel this is a terrible violation of my rights. I should not have been labeled an offender without having had the opportunity to be heard.

They have done this to literally thousands of people, some of whom were not even notified.

The article I mentioned is called, "Abuse registry necessary, often 'unfair'" by Traci Shurley and Amy Upshaw. It appeared in the Nov. 17, 2002 issue of the Arkansas Democrat Gazette. I do not know if the article is still available on their website www.ardemgaz.com but it may be archived (I believe they still charge a small fee to view archived stories).

I believe a key to this case is the fact that the Arkansas Constitution guarantees protection for reputation. It is specifically mentioned...

Article II Section 2. Freedom and independence. - All men are created equally free and independent, and have certain inherent and inalienable rights, amongst which are those of enjoying and defending life and liberty; of acquiring, possessing and protecting property and reputation, and of pursuing their own happiness. To secure these rights governments are instituted among men, deriving their just powers from the consent of the governed.

I think it is a travesty that criminals have more protection of their rights than families do. This has got to stop.

Please let me know if you think I have a good case. If you can refer me to anyone who might be interested in taking such a case, I would very much appreciate it.
 
Re: Re: Re: Registry Unconstitutional... class action in order?

I agree with you. There are so many abuses that I find being pushed aside and not being dealt with appropriately and in a timely fashion. In one instance I know of a child being snatched from a foster parent by an unrelated party (aka kidnapping by using the legal system without standing) and two years later the case is STILL being litigated, with the entire family and especially the child suffering.

A lawsuit may be an answer but you would likely need to find a good civil rights attorney who is well versed in this kind of abuse to take your case. Part of the problem with child abuse is the need to act very quickly. At the same time, one can ask the question of how far the state must go to protect the child's interests and whether what happened to you is, in any rational way, related to the necessities of the child.

I'll have to read more about your specific case to find out why it has been so difficult but, given what happened to a friend of mine, I am not quick to dismiss complaints by people of great injusticies. While there are usually two sides to the story... sometimes there are those cases which we cannot afford to ignore and this may be one of them. I'm sorry for what happened to you and hopefully our own content published here shortly will assist -- we are having a section focusing on injustices that require immediate remedy.

Originally posted by justice
Since I posted this message, my name has been removed from the registry. However, I still feel this is a terrible violation of my rights. I should not have been labeled an offender without having had the opportunity to be heard.

They have done this to literally thousands of people, some of whom were not even notified.

The article I mentioned is called, "Abuse registry necessary, often 'unfair'" by Traci Shurley and Amy Upshaw. It appeared in the Nov. 17, 2002 issue of the Arkansas Democrat Gazette. I do not know if the article is still available on their website www.ardemgaz.com but it may be archived (I believe they still charge a small fee to view archived stories).

I believe a key to this case is the fact that the Arkansas Constitution guarantees protection for reputation. It is specifically mentioned...

Article II Section 2. Freedom and independence. - All men are created equally free and independent, and have certain inherent and inalienable rights, amongst which are those of enjoying and defending life and liberty; of acquiring, possessing and protecting property and reputation, and of pursuing their own happiness. To secure these rights governments are instituted among men, deriving their just powers from the consent of the governed.

I think it is a travesty that criminals have more protection of their rights than families do. This has got to stop.

Please let me know if you think I have a good case. If you can refer me to anyone who might be interested in taking such a case, I would very much appreciate it.
 
Re: Re: Re: Re: Registry Unconstitutional... class action in order?

Thank you for your response and understanding. One more question, is there a deadline for filing class actions? I really don't know a thing about doing this, and would appreciate anything you might offer.

I will be looking forward to your new section on injustices. Any questions you might have about my case, please feel free to ask.

Thank you again for your time.



Originally posted by thelawprofessor
I agree with you. There are so many abuses that I find being pushed aside and not being dealt with appropriately and in a timely fashion. require immediate remedy.
 
Re: Re: Re: Re: Re: Registry Unconstitutional... class action in order?

Originally posted by justice
Thank you for your response and understanding. One more question, is there a deadline for filing class actions? I really don't know a thing about doing this, and would appreciate anything you might offer.

I will be looking forward to your new section on injustices. Any questions you might have about my case, please feel free to ask.

Thank you again for your time.
The Statute of Limitations governs each type of case and it does not matter that a class might attach.
 
I agree

I find the Registry very unconstitututional.
My case involves my son.
My family and I were notified 6mo ago that my son was named as an offender of a child maltreatment case. And the original incident that started this was 10mo earlier. So we are now looking at a case that is at least already 16mo old.
My son was accused of teaching and showing a child inapproprate thigs.
I have since found out that that child was in trouble at school and needed to get out and named my son. I also found out that there were 4 other children involved.
We are now disputing this (of course) and have found that his name is already on the list. How can you put something on such a devistating list without having an investigation. and i say this because the investigation was a cluster from the get go.
AT the initial investigation it was founded to be screened out. I was under the impresion that when it is screend out that it is founded unsubstantiated. Is this not true? And how can they just pick up a file and open it when founded unsubstantiated and interview my son 10 mo later. He was never interviewd at the time of the incident.
the only people that were inteviewed were the child that was in trouble and his sister.
I have since found out that no one else was questioned at that time.
Not even My son!
There were no Criminal charges brought up.
I want to know how a child can be held to the same laws as an adult, If i do the math my son was barely 12yrs old when this supposed to have took place. (and that is even unsure) Most laws are set up to at least have an age of 16 or 18 to recognize adult. and most cases involving children their files are sealed at 18 how can you ruin a childs life for the mistake of one confused child. Depending on where these people at the CACD decide what level of offense has taken place will determine how and if we can get his name off that list.
I just find the whole thing very unconstitutional.
what happend to protecting all children.
when and if we ever get this case done I would like to know if there is a ground for a civil suit.
 
central registry

I submitted a response to the central registry being unconstitutional. I still hold to this.
I am interested in anybody's response to this. I find myself at a loss of how my child can be placed on this list and spend the next, god only knows how many years, proving his innocence. My son found out after the alleged incident took place that he was on this list and then told that if he wanted to dispute that we could file for an appeal. We were never talked to or interviewd by the DHS until this time.
We were blindsided. pleas let me know your opinions.
mother
 
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