From the HSLDA E-lert Service:


10/6/2011 3:19:16 PM
Home School Legal Defense Association
Great News In California!

From the HSLDA E-lert Service...

Great News In California!

From: Family Protection Ministries and HSLDA

Bill: AB 717 - Child Abuse Central Index Author: Assembly Member

Status: Signed by the Governor. A Monumental Victory! AB 717 is a
great victory for parents and a huge step in correcting a
long-standing law that has ignored the constitutional principle of
"innocent until proven guilty." This unprincipled law in the
California Penal Code has ruined the lives of many good, innocent
parents for many years. Innocent parents who have been wrongly
accused of abusing or neglecting their children have had their lives
effectively placed on hold, and in some cases, destroyed. No parent
is immune from being falsely accused of child abuse and facing an
invasive, frightening, costly, and drawn-out legal investigation.

The penal code requires the Department of Justice to maintain the
Child Abuse Central Index (CACI). The CACI maintains a list of not
only "substantiated" child abusers, but also of innocent parents and
other individuals who have been accused of child abuse and whose
allegation of abuse has not been determined to be "unfounded" by the
caseworker. No due-process hearing was provided to give parents an
opportunity to prove their innocence before being placed on the child
abuse registry (CACI).

AB 717 has corrected this practice by specifying that only
"substantiated" reports of child abuse or neglect shall be maintained
in the Child Abuse Central Index.

FPM and HSLDA have worked in partnership to achieve this very
significant change in the law. This victory is the result of long
hours spent behind the scenes over the last 10 years to regain lost
freedom. We praise God for this amazing and critically important

Background Summary:

Five major positive technical changes to the law from AB 717:

(1) Beginning Jan. 1, 2012, only those reports of suspected child
abuse or neglect that are "substantiated" will be forwarded to the
California Dept. of Justice for retention in the Child Abuse Central
Index (CACI).

(2) All reports now in the CACI, other than "substantiated," are
required to be removed as of Jan. 1, 2012.

(3) Anyone whose name remains in the CACI, after Jan. 1, 2012, may
challenge the finding with the county social services agency that
forwarded the report. This is required to be done in a due process
hearing consistent with current guidelines for such hearings on other
matters in California. If they win the challenge, the report will be
removed from the CACI.

(4) Beginning Jan. 1, 2012, those individuals whose cases are
determined to be "substantiated" and whose case report is forwarded to
Dept. of Justice for retention in the CACI will also have a right to a
due process hearing.

(5) The definition of "substantiated" is clearer and is more
protective for those accused of committing child abuse or neglect.

Parents can now assert constitutional protections offered by the
Fourth Amendment without the fear of being reported to the CACI, and
even if reported, will have the right to a due process hearing to
challenge the report.

No action is required on AB 717.

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amount as our HSLDA annual membership fee. Thought you'd want to

More reasons to join HSLDA...

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Home School Legal Defense Association
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Purcellville, Virginia 20134
Phone: (540) 338-5600
Fax: (540) 338-2733

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