Reporting from Washington — Craig and Wendy Humphries of Valencia have been
"living every parent's nightmare," as a judge put it, since Craig's
rebellious teenager falsely accused them of abuse nine years ago. They
were arrested by Los Angeles County sheriff's deputies and had their
other young children taken away from them.
It continues today. Even though the state courts agreed that the girl's original complaint
was "not true" and that the couple were "factually innocent," the
Humphrieses are still listed as child abusers on the state's Child
Abuse Central Index.
A federal appeals court ruled that Los Angeles County should pay damages
to the couple, but the U.S. Supreme Court intervened Monday and said it
would hear the county's claim that it is the state that is at fault.
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. When the
Humphrieses first tried to be removed from the index, they were told to
contact the deputy who filed the original report. But he said the
complaint was "substantiated" at the time he filed it, and therefore,
could not remove their names. Wendy Humphries, a special education
teacher, worried that being on the list could prevent her state
credentials from being renewed.
"We're still trying to get them out of the index, but it hasn't happened yet," said Esther Boynton, a
Beverly Hills lawyer who has filed suits to challenge the law.
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, state officials say they are still pondering the matter. "We're still in the process of
determining what is needed to comply with the 9th Circuit's decision,"
said Evan Westrup, a spokesman for the California Department of Justice.
"There is no effective way for the Humphries to challenge this listing, and no
way for them to be removed from the listing," the appeals court said.
Because L.A. County played a role in their ordeal, the appeals court
said it too could be forced to pay damages.
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.
"We agree that once people get on the list, it is very difficult to get
off it. The question is: Who is responsible for that? We don't have the
ability to change the law," he said. It was that issue that the court
agreed to hear Monday.
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.
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