Child Abuse Central Index (CACI) in California
The Child Abuse Central Index (CACI) is a statewide database in California maintained by the Department of Justice (DOJ) to track individuals suspected of child abuse or neglect.
CACI aims to protect children by ensuring those with a history of abuse are known to law enforcement and certain employers. However, being listed on this index can have severe and lasting consequences for the accused.
If you are suspected of child abuse in California or have been notified that your name has been referred to the CACI, you have a relatively short window of time to file a challenge and seek to get your name removed from the list.
The Attorney General administers the Child Abuse Central Index (CACI), which the Legislature created in 1965 as a tool for state and local agencies to help protect children's health and safety.
These statutes, defined in Penal Code sections 11164 through 11174.31 PC, are referred to as the "Child Abuse and Neglect Reporting Act" (CANRA)
California Penal Code 11164(b) says, "The intent and purpose of this article is to protect children from abuse and neglect. In any investigation of suspected child abuse or neglect, all persons participating in the investigation of the case shall consider the needs of the child victim and shall do whatever is necessary to prevent psychological harm to the child victim."
Investigated reports of child abuse are forwarded to the CACI. These reports contain information related to substantiated cases of physical abuse, sexual abuse, mental or emotional abuse, or severe neglect of a child.
The information in the CACI is available to aid law enforcement investigations and prosecutions and to provide notification of new child abuse investigation reports involving the same suspects or victims.
Information is also provided to designated social welfare agencies to help screen applicants for licensing or employment in childcare 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.
The reports registered on the CACI include the names and descriptions of suspects and victims. It will also include which agency conducted the investigation, the case number or name, and the type of abuse being investigated. It provides a quick reference for additional research an employer or licensing body might have about a specific person. Here's what you need to know.
Child Abuse Investigations and the CACI
The Child Abuse Central Index (CACI) is essentially a repository of reports involving child abuse and severe neglect. These reports are submitted by local child protective services (CPS) agencies and law enforcement across California.
When an allegation of child abuse is reported, an investigation is launched by an investigator from the appropriate local agency (typically a social worker from the CPS office). When the investigation concludes, the social worker makes one of three determinations:
- Unfounded: There is little or no evidence of child abuse (the matter is closed at this point).
- Inconclusive: There is some evidence of child abuse, but not enough to warrant a criminal investigation.
- Substantiated: There is ample evidence of child abuse (at which point the matter is referred to the DOJ for possible criminal charges).
For unfounded determinations, the matter is considered closed. For determinations of inconclusive or substantiated, your information will likely be referred to the CACI.
It is important to note that the standard for being placed on the CACI is different from a criminal conviction. Being listed on the CACI does not require a criminal conviction or even formal charges. Instead, it is based on administrative findings by a social worker or investigator.
Consequently, individuals may end up on this list even if they have never been arrested, charged, or tried in court. A child abuse allegation is often associated with a domestic violence offense.
What are the Potential Consequences of Having Your Name on the CACI?
Being on the CACI can have profound consequences, impacting many aspects of your personal and professional life. If the allegations against you are deemed 'substantiated,' your name will remain on the list for life unless successfully appealed.
For cases deemed 'inconclusive,' your name stays on CACI for ten years. The impacts can be severe, affecting your employment, professional licenses, and even your rights in family court.
- Employment Barriers: Being listed on the CACI can hinder your ability to find work, especially in fields like teaching, daycare, healthcare, and social services.
- Loss of Professional Licenses: Some professional licenses (e.g., teachers and healthcare professionals) require a clean record regarding child abuse allegations. Being on the CACI could result in losing these licenses or being denied a new application.
- Impact on Child Custody and Visitation Rights: In custody disputes, being on the CACI can be used against you in family court, potentially leading to loss of custody or limited visitation rights.
- Adverse Effects on Adoption and Foster Care: If you plan to adopt or become a foster parent, being listed on the CACI may disqualify you.
What are the Steps to Remove Your Name from the CACI?
If you find yourself listed on the CACI, it is crucial to take prompt action to challenge the listing. Here are the steps to potentially remove your name from the index:
- Request a Grievance Hearing (CACI Hearing): You have the right to request a grievance hearing, known as a CACI hearing, to challenge your inclusion on the index. Submit a written request to the agency that reported you to the CACI within 30 days of receiving notice of your listing. Act quickly, as missing this deadline may result in losing your right to appeal. At the hearing, you will have the opportunity to present evidence and call witnesses to support your case. This could include character witnesses, expert testimony, and any other evidence that contradicts the allegation or shows that the investigation was flawed.
- Present Your Evidence and Argument: At the hearing, you will have the opportunity to present evidence and call witnesses to support your case. This could include character witnesses, expert testimony, and any other evidence that contradicts the allegation or shows that the investigation was flawed.
- Decision by the Hearing Officer: After the hearing, the hearing officer will decide whether to uphold or remove your name from the CACI. If the decision is in your favor, your name will be removed from the index. If not, you may have further legal recourse, such as filing a writ of administrative mandate in the Superior Court.
How Can a California Criminal Defense Attorney Help You?
Navigating the complexities of the CACI and challenging an unjust listing can impact your life for many years to come-especially if the allegations result in criminal charges. Your best hope of avoiding the worst is to hire an experienced California criminal defense attorney at the first sign of trouble.
A skilled attorney can guide you through the process of challenging your CACI listing, represent you at the grievance hearing, and advise you on further legal recourse if necessary.
A skilled attorney can help you with all aspects of your case, from challenging a CACI listing to defending against criminal charges in court. With the right representation, you can protect your rights and fight for a favorable outcome. Contact us for more information. Eisner Gorin LLP is based in Los Angeles, CA.
Related Content:
If you have one phone call from jail, call us! If you are facing criminal charges,