DFCS Online Policies & Procedures

  DFCS Online Policies & Procedures

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Handbook 7: Relative Home Approvals
7-12   Child Abuse Record Check

 

Relative Home Approvals
7-12  Child Abuse Record Check
Reference Points
Overview
Who Needs to Be Checked
Where to Look for a Child Abuse Record
Conducting a Child Abuse Record Search in CWS/CMS
Department of Justice (DOJ) Child Abuse Central Index (CACI) Checks
Checking Other States' Child Abuse Registries
Documenting the Results of a Child Abuse Record Check
What to Do When a Child Abuse Record is Discovered
Retention of Child Abuse Records
Contacts
Other References


Reference Points
Effective Date: 6/1/07
Last Updated: 7/28/10
 Legal Basis:
Popup Window Welfare and Institutions Code (WIC) § 309
PDF All County Letter 07-54:The Adam Walsh Child Protection and Safety Act of 2006
Popup Window California Senate Bill 703
Popup Window Health and Safety Code § 1522.1
 Non CWS/CMS Forms:
MS Word Child Abuse and Neglect Record Review Memorandum (SCZ200M)
PDF Child Abuse Registries Listing
MS Word (CACI) Child Abuse Central Index Check BCIA-4084
MS Word Out-of-State Child Abuse/Neglect Report Request
PDF

Out-of-State Disclosure & Criminal Record Statement (LIC 508 D)

PDF LIC 508 D (Spanish)

PDF LIC 508 D (Vietnamese)

MS Word

SOC-815-817-818 Combined

•  SOC-815-817-817 Combined /Spanish - 817-818

•  SOC-815-817-818 Combined / Vietnamese - Caregiver Acknowledgement and Agreement  

      • Caregiver Declaration and Agreement - Vietnamese (SOC 818)

 CWS/CMS Forms:
bullet Service Management Section: Contact Notebook
bullet Approval of Family Caregiver Home (S0C815)


Overview  

To complete a relative or non-relative extended family member (NREFM) home approval, the social worker must check child abuse history for each individual needing clearance for the home approval. Two sources which social workers must check are the CWS/CMS database and the Department of Justice (DOJ) Child Abuse Central Index (CACI).  A third source, child abuse registries of other states, must be checked if any caregiver or adult in the home has resided in another state within five years of the initiation of the home approval process. Caregivers, adults living in the caregiver home, and persons who may have significant contact with a child placed in a relative or NREFM home must either have no child abuse or neglect record or, if there is a child abuse history, a Social Services Program Manger must determine that the person is suitable to provide care and supervision and/or have significant contact with the child.

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Who Needs to Be Checked  

Child abuse background records must be checked for the following people when a relative or non-relative extended family member (NREFM) is being assessed for a home approval:

  • All relatives or non-relative extended family members applying to be a caregiver for a child
  • Other persons age 18 years or older residing in the prospective caregiver's home
  • Other persons age 18 years or older (other than professionals providing services to the child) known to the social worker to have significant contact with the child, including any person who has a familial or intimate relationship with any person living in the home.
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Where to Look for a Child Abuse Record  

The three sources a social worker must check for child abuse records are the:

    • CACI can be obtained:
      • By direct fax inquiry using the Facsimile Inquiry for Child Abuse Central Index Check (BCIA-4084).
        • Direct fax inquiry to the DOJ is only used for emergency placements or when CACI results are needed before the results of Live Scan are received.
      • Through results of Live Scan fingerprinting.
        • CACI results are required for full approval.



  • Other state registries.
    • The information regarding out-of-state residence is gathered on the Out-of-State Disclosure and Criminal Record Statement (LIC 508d).
    • Social workers are required to check the child abuse and neglect registry of each state in which a prospective caregiver's household has resided within the past five years, if the other state maintains a child abuse record registry.
    • The out-of-state registry check is not required for individuals who have resided outside California within the past 5 years and will be having significant contact with the child as long as they do not reside in the caregiver's home.
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Conducting a Child Abuse Record Search in CWS/CMS  

Social workers must conduct a search of the CWS/CMS database for child abuse records for all persons requiring a background clearance for home approval and placement of a child. This check is important as it provides a history of general neglect reports that may not have been recorded in the DOJ CACI.

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DOJ CACI Checks  

The results of the Department of Justice (DOJ) Child Abuse Central Index (CACI) record check are included as part of Live Scan results, which must be received for a full home approval.  However, for temporary, emergency home approvals, the social worker submits a name check inquiry by fax directly to the DOJ CACI.  The results of the name check inquiry are used for the temporary home approval, pending Live Scan results.

  • Non-urgent Need for CACI Records

 

 

 

 

 

For a non-urgent (next day results) name check inquiry, the social worker:

  • Completes the Facsimile Inquiry for Child Abuse Central Index Check (CACI) (BCIA-4084).
    • In part 2 of the form, checks the line in front of “Placement of Child in Emergency Situation” and checks whether the caregiver is a relative or non-relative.
  • Faxes the BC1A-4084 form to the CACI unit at DOJ at (916) 227-5054 or (916) 227- 3253.
  • Receives a faxed response from DOJ by the next workday.

 

  • Urgent Need for CACI Records

For an urgent (2 hour results) name check inquiry , the social worker:

  • Completes the Facsimile Inquiry for Child Abuse Central Index Check (BCIA-4084).
    • In part 2 of the form, the social worker checks the line in front of “Placement of Child in Emergency Situation” and checks whether the caregiver is a relative or non-relative.
  •  
  • Faxes the BC1A-4084 form to the DOJ Command Center at (916) 456-0351.
  • Receives a faxed response from DOJ within approximately 2 hours after having faxed the form to DOJ.
    • To follow up on any urgent CACI requests not immediately received, call DOJ at (916) 22-3244.
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Checking Other States' Child Abuse Registries  

Contacting Other States' Registries

Caregivers and any individual over 18 years old living in the caregivers' home must undergo a child abuse background check for completion of a home approval.  From the responses on the Out-of-State Disclosure and Criminal Record Statement (LIC 508d), the social worker determines whether the individual has resided in a state other than California within five (5) years of the initiation of the relative/NREFM home approval.  If the individual has resided outside of California within the past five years, an out-of-state child abuse registry check must be completed.  The results of the inquiry as to whether the individual lives outside of California is documented on the SOC 815, page 4 under the column Resided Outside CA within last 5 Years.

An out-of-state child abuse registry check is not required for an adult who:

  • Does not live in the relative/NREFM home but will be having significant contact with the child.
  • Has lived only outside of the United States for the entire past 5 years. 
    • If the adult lived in another state, Guam, Puerto Rico or the District of Columbia for any period of time during the past 5 years, an out-of-state registry inquiry must be submitted to the other state.

All other checks and procedures apply to both of the above categories of adults.

 

If a caregiver or individual over 18 years old living in the caregiver's home has resided in another state within five (5) years of the initiation of the relative/NREFM home approval process, the social worker:


    If.. Then the social worker..
    The state does maintain a registry and will provide information
    • Checks the "Yes" box on the SOC 815, page 4 under the column Is Registry Maintained by Other State(s)?.
    • May place the child in the relative/NREFM home on a temporary, emergency basis upon completion of temporary home approval procedures and pending the receipt of the out-of-state registry results and, if applicable, the outcome of a child abuse record investigation and review.
     
    • May not fully approve the home until all out-of-state information is received and evaluated.
      • If a Child Abuse Record Review is required, the home cannot be fully approved until the individual is cleared after the Review.
      • The caregivers cannot receive foster care funding until the home is fully approved.

    The other state does not maintain a registry

              

    Checks the "No" box on the SOC 815, page 4 under the column Is Registry Maintained by Other State(s)?.

 

Requesting Information from Other States that Maintain Registries

If an individual for whom an out-of-state child abuse registry check is required has resided in another state within the past five years, the social worker requests information from the other state by:

  • Completing the appropriate form following the Procedure/Forms instructions listed next to the specific state on the State Child Abuse Registries Listing.
    • Note that the requirements differ from state to state and may include:
      • Submission of a form specific to that state
      • Signed releases
      • Notarized releases
      • A fee

    If the other state.. then the social worker..
    Requires completion of  a form specific to that state

    Prints out the form from the listing and completes it as instructed.

     
    Does not have a specific form, but requires the submission of a request on a hard copy form

    Completes the Out-of-State Child Abuse/Neglect Report Request.


  • Making copies of all forms in the request packet and filing them in the case file.
    • If there is a delay in a response from the other state, a second and third request for the information is resubmitted by the clerical support staff.
  • Submitting the request form(s) with a Memo to Shelter staff clerical, Lorie Gift, Receiving, Assessment and Intake Center (RAIC), 725 E. Santa Clara St., San Jose, CA 95112
    • The Memo should include:
      • Case Name
      • Case Number
      • Social worker's name and worker number
      • Person's name who lived in the other state
      • Other state agency's name and address
    • Clerical staff:
      • Addresses envelopes to be sent to the other state with the other state agency's name and address that the social worker submits in the Memo.
      • Submits the out-of-state child abuse information requests to other states.
      • Emails social workers to notify them that their requests were sent.
      • Receives responses from other states.
      • Distributes responses to the requesting social workers.
      • Sends 2nd and 3rd requests, if necessary.
      • Tracks delayed responses from other states.

  • Entering the date the information was requested on the SOC 815, page 4 under the column If Yes, Date Requested Other State(s) Info.
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Documenting the Results of a Child Abuse Record Check  
  • Results from a CWS/CMS Child Abuse Record Search

The two places the social worker documents the results of a CWS/CMS database child abuse record check are:

 

    • Under box 4 , CWS/CMS Search, the social worker writes in the date the results of the CWS/CMS search were found for the individual, across from the individual's name.

 

  • Results from the DOJ Child Abuse Central Index (CACI)

The one place that the social worker documents the results of the DOJ CACI results is the Approval of Family Caregiver Home (S0C815), page 3, Criminal Background Checks.

  • The date upon which the social worker receives the faxed results from a faxed request is recorded in box 3, CACI (faxed).
  • The date upon which the social worker receives the Live Scan results from the DOJ CACI is recorded in box 10 , CACI, across from the individual's name. 


 

  • Results from a Check of Another State's Child Abuse Record Registry
    • On the SOC 815, page 4, Out-of-State Registry Checklist, the social worker:
      • Documents the date that results of the out-of-state residency inquiry are received from the other state under the column titled Date Received other State(s) Info.
      • Documents the date the background was determined to be Cleared or Not Cleared in the appropriate column.
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What to Do When a Child Abuse Record is Discovered  

When the results of a child abuse record check indicate that a person does have a child abuse record in California or another state, the social worker:

  • Proceeds with an investigation of the incident(s). 
    • If the child abuse record is in another state, the other state's registry agency will provide the social worker with the other state's agency and name of the person who can be contacted for the underlying documentation.
  • Summarizes the findings of the investigation with recommendation in a Memo to his or her supervisor.

The full assessment procedures may be found in OPP Chapter 7-14: Child Abuse and Neglect Record Review

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Retention of Child Abuse Records  

Child Abuse Central Index (CACI) results for the purpose of a home approval and placement of a child in a relative or NREFM home are to be retained for at least three years after the home is no longer used as a placement for a child. Therefore, all child abuse record checks are left in the case file when the relative or NREFM placement ends, such as when the child's case is closed or when the child moves to another placement.

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Contacts  
  • Clerical tracking:

Lori Gift, OSIII

Santa Clara County Receiving, Assessment, and Intake Center

725 E. Santa Clara Street, Suite 100

San Jose, CA  95112

Main Phone: (408) 792-1863 

Fax:  (408) 938-4009

Lorie.Gift@ssa.sccgov.org

 

  • Administrative Support:

Annette Stahlnecker                                   or             Kathleen Miles

373 W. Julian                                                             373 W. Julian

(408) 501-6516                                                        (408)501-6726

Annette.Stahlnecker@ssa.sccgov.org                         Kathleen.Miles@ssa.sccgov.org

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Other References  
MS Word Searching Child Abuse Records in CWS/CMS
bullet2 OPP Chapter 7-11: Live Scan Fingerprinting for RHAs
bullet2 OPP Chapter 7-14: Child Abuse and Neglect Record Review
PDF State Child Abuse Registries Listing
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