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14 J. Gender Race & Just. 867 (2010-2011)
Procedural Fairness for State Abuse Registries: The Case for the Clear and Convincing Evidence Standard

handle is hein.journals/jgrj14 and id is 875 raw text is: Procedural Fairness for State Abuse Registries: The Case for the Clear and Convincing Evidence Standard John Sherman* I. INTRODUCTION In Pennsylvania, a sixteen-year-old female student accused a high school driver's education teacher of sexual molestation.' A criminal court acquitted James D. Frank, the teacher, of the charges.2 However, he cannot yet put the matter behind him because his name, along with more than 4,000 others, is listed on Pennsylvania's state child-abuse registry.3 A separate instance in Michigan put Sharon Smith's name on Michigan's child-abuse registry as well.4 This listing resulted from a single incident of adolescent rebellion where Sharon spanked her teenage daughter with a belt.' The daughter, who was fifteen at the time, violated house rules by inviting a boy over while her mother was out.' A social worker found that Sharon's disciplinary action went too far.7 For Sharon, the listing has been a burden on her career and on her character since that day.8 Sharon, now seeking a job as a substitute teacher, is fighting to get her name expunged from the * J.D. Candidate, The University of Iowa College of Law, 2011; B.A., The University of Iowa, 2007. I would like to thank my mom, dad, my brother Lee, and all my friends and family for their support. I would also like to thank the office of H.E.L.P. Legal Assistance in Davenport. A research assignment for that office provided the basis for this Note, and the selfless dedication of the staff has provided me inspiration throughout law school. Thank you to the Volume 13 and 14 boards of The Journal of Gender, Race & Justice for your assistance in editing and preparing this Note for publication. 1. Martha Raffaele, No Promise of Clean Slate: Names of People Acquitted on Child-Abuse Charges Remain on State Registry, PITTSBURGH POST-GAZETTE, Nov. I1, 2007, at B 1. 2. Id. 3. Id. 4. Catherine Jun, Child Abuse Registry Listing is Tough to Fight, DETROIT NEWS, June 4, 2009, http://detnews.com/article/20090604/METRO/906040369. 5. Id 6. Id 7. Id 8. Id

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