Can a plaintiff bring a claim against the Department of Health and Social Services under Section 1983 of the Child Protection Act to expunge her name from a registry of alleged child abusers?

In an analogous case, Valmonte v. Bane , 18 F.3d 992, 995 (2d Cir. 1994), the plaintiff brought a 1983 claim challenging her inclusion on a registry of child abusers, where a person could be placed on the registry based on a "some credible evidence" standard. Considering both the private interest (the plaintiffs right to secure employment in the child care field) and the Government interest (its parens patriae obligation to protect children from abuse and maltreatment) to be extremely strong, we concluded that "the deciding factor" was an unacceptably high risk of error, as evidenced by the fact that "nearly 75% of those who seek expungement of their names from the list are ultimately successful." Id. at 1003. We held that "[t]he fact that only 25% of those on the list remain after all administrative proceedings have been concluded indicates that the [procedures used were] at best imperfect." Id. at 1004.