State to continue list of suspected child abusers

ST. LOUIS -- State officials are continuing to maintain Missouri's list of suspected child abusers pending a change in the law or a possible appeal of a judge's decision declaring it unconstitutional.

Cole County Circuit Court Judge Richard Callahan struck down the list last week, saying it violates the due process rights of suspected abusers who may be falsely accused. But Callahan let the current system remain in effect until a better one could be created.

Consequently, the Department of Social Services is proceeding with "business as usual" in maintaining the registry, and is still considering an appeal, said agency spokesman Chris Whitley.

The state currently uses a "probable cause" standard of evidence to place someone on the list. Callahan said the state must use a higher "preponderance of evidence" standard.

The list is intended for the use of day-care centers and other employers when hiring people to care for children. Parents who ask about a specific person or facility that provides child-care services can also receive information from the list.

The lawsuit's participants say the ruling is limited in its effect.

Timothy Belz, the attorney who won the lawsuit, said the ruling does not mean people will be removed from the list. It simply requires that suspected abusers be given a fair hearing before having their names put on the list, he said.

Belz represented some workers at Heartland Christian Academy, a school that has used corporal punishment. Several former employees there had been unable to get their names off the list even though a court had cleared them of child-abuse allegations.

Some advocates for children say they are concerned the ruling may throw out hundreds of names on the list of child abuse suspects.

"I'm very concerned about the ramifications," said Ruth Ehresman, of the group Citizens for Missouri's Children.