Child Abuse Central Index - CACI
Child Abuse Central Index (CACI)
First Let's talk about what does CACI stand for. CACI acronym refers to The Child Abuse Central Index which was created by the Legislature in 1965 as a tool for state and local agencies to help protect the health and safety of California's children. Defined in Penal Code sections 11164 through 11174.31, these statutes are referred to as the "Child Abuse and Neglect Reporting Act" or "CANRA". In the State of California The Attorney General administers the Child Abuse Central Index (CACI). Investigated reports of child abuse are forwarded to the CACI. These reports contain information related to substantiated cases of physical abuse, sexual abuse, mental/emotional abuse, and/or severe neglect of a child.
The information in the CACI is available to aid law enforcement investigations, prosecutions, and to provide notification of new child abuse investigation reports involving the same suspects and/or victims. Information also is provided to designated social welfare agencies to help screen applicants for licensing or employment in child care facilities and foster homes, and to aid in background checks for other possible child placements, and adoptions. Dissemination of CACI information is restricted and controlled by statute.
Information on file in the Child Abuse Central Index includes:
- Names and personal descriptors of the suspects and victims listed on reports;
- Reporting agency that investigated the incident;
- The name and/or number assigned to the case by the investigating agency; and
- Type(s) of abuse investigated
It is important to note that the effectiveness of the CACI is only as good as the quality of the information reported. Each agency that submits a report of substantiated child abuse or severe neglect is responsible for the accuracy, completeness and retention of the original reports. The CACI serves as a “pointer” back to the original submitting agency
CACI Hearing Services
What steps do I need to take to get my name off the Child Abuse Central Index?
If you received a letter from a county agency notifying you of the placement of your name on the CACI, it probably informed you that you only have 30 days from the date of the letter to ask for a Grievance Hearing to dispute your listing on the CACI. NOTE: The letter probably says you have 30 days FROM THE DATE OF THE LETTER, NOT THE DATE YOU RECEIVED THE LETTER. I emphasize this because it is not uncommon for people to receive the letter a couple weeks after the letter was written. So, what steps do you need to take? You need to ask for a Grievance Hearing using the form provided in the envelope. You can either hire a lawyer to do that for you or you can do it yourself. Either way, that should be your first priority, before time runs out. If you miss that deadline, you’re out of luck–you won’t have another chance to get your name off the CACI. If you found out you were on the CACI from someone other than the county agency, then you need to write a letter to the appropriate government agency, asking for a hearing. Again, you can either hire a lawyer to do it for you or you can do it yourself.
Is there anything that would prevent me from getting started right now?
If you have a current court case pending (either in criminal court or dependency court–dependency court is where the government is trying to take your kids away from you), then the county agency will not give you a Grievance Hearing right now. They will wait until the court case is resolved. If during the court case the judge makes a finding that you committed child abuse or neglect, the county agency will not give you a Grievance Hearing at all. You’ll be out of luck. If the court case is resolved in your favor, then you should ask for a Grievance Hearing. So, if you do currently have a pending criminal or dependency case, the question is: should you send in your request for a Grievance Hearing now, or should wait to see what happens with your court case? My recommendation is you send in your request for a Grievance Hearing now, just in case the court case is resolved in your favor. You don’t want the county agency coming back to you and saying, “Sorry, you had the chance to ask for a hearing 6 months ago and you didn’t do it, so even though your criminal charges were dismissed, we’re not going to give you a Grievance Hearing.” If you ask for a Grievance Hearing now, there will be a record of it later.
What Should I Do if I Receive a CACI Notice?
The Law Office Of Gabrielle Tetreault is here to assist clients avoid the stress and possible consequences, whenever possible, incurred from these actions.The only way to have your name removed from California’s child abuse and neglect central registry is to request a Grievance Hearing and fight it. It is crucial that an attorney represent you at the Hearing to protect and preserve your rights.
UPMOST IMPORTANCE:
AFTER YOU RECEIVE THE NOTICE REGARDING A SUBSTANTIATED FACTS, THERE ARE TIME LIMITS IN REQUESTING A GRIEVANCE HEARING, DO NOT WAIT TO CONTACT A LAWYER. If you would like our help. Call us today 209-546-7411.
From your initial consultation through the final resolution of your case, we will handle all important tasks including research for and preparation of any necessary legal pleadings as well as evaluation of the evidence. Your case will not be handed off to an assistant or associate, but will be managed directly by an attorney. This allows us to handle your case in an efficient and cost-effective manner. When you are charged with a crime, you need a powerful defense. Let us take immediate action in your case to protect your rights, to challenge the evidence presented against you, and to fight to reduce the penalties in your case. Contact us today to schedule an appointment. 209-546-7411