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Article published May 20, 2004
State should not release list of people merely suspected of
crimes
The state should not release a list it keeps of people
it suspects of abusing children. To do so would punish people as if they were
guilty of a crime when no charge has been proven against them.Those who want the
list open to the public have good intentions. They want parents to be able to
check the list before hiring baby sitters or allowing their child to stay over
at another family's home.But making the list public would put the stigma of
being a child molester on people who have never been convicted of a crime.
That's punishing someone without due process of law. It would amount to a
severe, unconstitutional punishment.The Central Registry for Child Abuse and
Neglect is kept by the state Department of Social Services. It includes about
37,600 people who officials believe abused or neglected a child.When the list
was started in 1981, Social Services caseworkers could add someone's name to the
list. Under current law, only Family Court or Circuit Court judges can place
someone on the list.But while individuals are placed on the list when the court
determines that an allegation is founded, these people have not been convicted
of a crime. They have not been charged and tried. They have not had a chance to
clear their name.Other states have similar lists. None of them makes its list
public.Schools and day-care centers already use the list to screen applicants
for jobs. And future foster parents are screened using the list. Clearly, it has
a use. But it should not become public.To identify people with as damaging a
stigma as child abuse is to levy a serious punishment against them. They may
have trouble with neighbors and obtaining housing. They could be turned down for
many jobs, even those not involving children. They could face a myriad of social
costs.The state cannot put that kind of penalty on someone without going to
court and proving a criminal charge against him. Only lists of those convicted
should be released.