City: Sacramento, CA
As families gather for the holidays, a recent ruling from the Ninth Circuit Court of Appeals offers hope to hundreds of thousands of parents haunted by the nightmare of unproven child abuse allegations.
For years, attorneys with Pacific Justice Institute have warned parents that, once CPS decides to investigate them for child abuse - sometimes based on anonymous tips from neighbors or vindictive ex-spouses - their names can end up on California's Child Abuse Central Index (CACI). Parents are listed on the CACI even when CPS eventually deems the charges "inconclusive" and closes its files. The CACI listing shows up on background checks for years to come and prevents parents from obtaining jobs or state licenses.
In Humphries v. County of Los Angeles, the Ninth Circuit Court of Appeals sharply criticized the ease with which people are listed on the CACI and the obstacles which prevent their names from being removed. The court was also troubled by a study indicating that as many as half of the more than 800,000 individuals listed on the CACI "may have a legitimate basis for expungement." Calling the list "the reverse of the presumption of innocence in our criminal justice system," the court ordered the state to enact greater procedural safeguards.
PJI President Brad Dacus commented, "It is gratifying that the Ninth Circuit has acknowledged what we have been saying for years-that treating parents as criminals when they are never convicted of a crime is unjust. We call on the legislature to finally fix this broken system in a way that honors basic constitutional rights."
Karen Milam, who directs PJI's Southern California office, stated, "Every year, PJI is inundated with hundreds of calls from desperate parents who do not understand how they could be labeled as child abusers based solely on unproven suspicions. This ruling is an important step toward keeping CPS honest."
Social Worker Arrested for Sexual AssaultLos Angeles: A Department of Children and Family Services (DCFS) social worker was arrested today on felony sexual battery charges stemming from allegations he had sexually assaulted a woman during a home visit in Woodland Hills on September 17, 2010.
The 30-year-old victim claimed the suspect, 53-year-old Yadullah "Eddie" Lorghaba, forced her to submit to unwanted sexual advances after threatening to remove her children from her home.
After the assault, the suspect told her he would not be removing her children that day; however, he would be returning the following week for another follow-up visit.
The victim immediately reported the assault to DCFS and law enforcement. DCFS supervisors immediately removed Lorghaba from the field and placed him on administrative leave pending the outcome of the investigation. The district attorney's office filed charges after forensic analysis of crime scene evidence, DNA, confirmed the victim's allegations
Lorghaba has been employed with DCFS for 13 years. LAPD Detectives are trying to determine whether this is an isolated incident and are requesting any other person who may have been victimized by Lorghaba to come forward.
Lorghaba was released on $75,000 bail. His next court date is January 5, 2010, at Van Nuys Court to set a date for the preliminary hearing.
Anyone with information regarding this matter is asked to call Topanga Area Detective Stewart at 818-756-3375. After-hours or on weekends, calls may be directed to a 24-hour, toll-free number at 1-877-LAPD-24-7 (527-3247). Callers may also text "CRIMES" with a cell phone or log on to www.lapdonline.org and click on "Web Tips." When using a cell phone, all messages should begin with "LAPD." Tipsters may remain anonymous.
