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Child Abuse Registry Deemed Unconstitutional

Posted by Joseph D. Lento | Nov 05, 2022 | 0 Comments

Pennsylvania's ChildLine Abuse Registry publicly displays the names of accused individuals before they have been convicted of the crime or had a chance to defend themselves in court. According to an article from MSN, the Registry only requires that there has been enough credible evidence of abuse or neglect to trigger an investigation. It does not require verification of the allegations first. Appearing on this list could cause people to lose their homes, their jobs, and more, without ever having a chance at defense.

Now, parents, families, childcare providers, and community members have filed a lawsuit in Pennsylvania Commonwealth Court claiming that ChildLine is unconstitutional. The plaintiffs are calling on the court to protect the merely accused by putting a stop to the registration of individuals who have not yet been convicted of any abuse crimes. They contend that publishing the names of the accused on the ChildLine Registry alongside the convicted is tantamount to a conviction in the court of public opinion, a violation of the principle that everyone is innocent until proven guilty.

Impacts of Abuse Allegations

Conviction for child abuse can lead to fines, jail time, and damage to a person's reputation and future employment opportunities. Sometimes, something as small as a missed pediatrician appointment or scratches from an accident can be reported as child abuse. Such reports are often the result of a misunderstanding that stems from genuine concern. Even so, the accused will need to act quickly to refute the allegation: the best course is to cooperate with the investigation, and contact an experienced lawyer who can help you navigate the process and have your name removed from the ChildLine Abuse Registry as quickly as possible.

Protecting children is always the number one priority, but no one is protected when citizens are harmed due to unfounded claims against them. Children deserve a strong family and parents and guardians who will care for them with focus, energy, and the freedom to make the right decisions for their well-being—something that is not possible when a parent faces repercussions that could cause the loss of job and more.

Protecting Due Process

Plaintiffs in the ChildLine suit insist that removing the names of people accused of child abuse from the Registry will not interfere with the investigative work of Pennsylvania's Department of Human Services. According to one person involved in the case, the goal of the lawsuit is to protect the due process rights of the accused; it's a “common sense proposition that before someone is identified as a child abuser, they should have the opportunity to be heard, and to clear their name,” they said.

What to Do if You Are Accused of Child Abuse

If you've been accused of child abuse, you have the right to representation and an expert defense. Attorney Joseph D. Lento can help you to claim your rights and ensure that those rights are being protected. Contact the Lento Law Firm today. You can schedule a consultation online or by call 888-535-3686.

About the Author

Joseph D. Lento

"I pride myself on having heart and driving hard to get results!" Attorney Joseph D. Lento passionately fights for the futures of his clients in criminal courtrooms in Philadelphia and across Pennsylvania as well as in New Jersey and nationwide. He does not settle for the easiest outcome, and instead prioritizes his clients' needs and well-being. With unparalleled experience occupying several roles in the criminal justice system outside of being an attorney, Joseph D. Lento can give you valuable behind-the-scenes insight as to what is happening during all phases of the legal process. Joseph D. Lento is licensed in Pennsylvania, New Jersey, and New York, and is admitted pro hac vice as needed nationwide. In the courtroom and in life, attorney Joseph D. Lento stands up when the bell rings!

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Attorney Joseph D. Lento has more than a decade of experience successfully resolving clients' criminal charges in Philadelphia and the Pennsylvania counties. If you are having any uncertainties about what the future may hold for you or a loved one, contact the Lento Law Firm today! Criminal defense attorney Joseph D. Lento will go above and beyond the needs of any client, and will fight until the final bell rings.

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