DFCS Online Policies & Procedures

  DFCS Online Policies & Procedures

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Handbook 13: Cross Program Protocols
13-2.1 Challenges to Child Abuse Central Index (CACI) Listings
Cross Program Protocols
13-2.1  Challenges to Child Abuse Central Index (CACI) Listings
Reference Points
Overview
How a Person Finds Out if They Are Listed on the CACI
Forms for Notifying Individual's of Their Listing on the CACI
When an Individual Challenges a CACI Listing
Requests for Grievance Hearings
Grievance Hearing Procedures
Other References


Reference Points
Effective Date: 7/1/08
Last Updated: 2/10/11
 Legal Basis:
pdf All County Letter (ACL) 07-53: Gomez v. Saenz Lawsuit Settlement
pdf All County Information Notice (ACIN) NO. I-22-08: Implementation Activities for Gomez v. Saenz Lawsuit
 Non CWS/CMS Forms:
MS Word Child Abuse Central Index Self Inquiry Search Request
MS Word Gomez Grievance Hearing Preliminary Review Worksheet (SCZ45)
MS Word

Notice of Child Abuse Central Index Listing (SOC 832)

  • doc (SOC 832) Spanish
MS Word

Grievance Procedures for Challenging Reference to the Child Abuse Central Index (SOC 833)

  • pdf SOC833 (Spanish)
MS Word

Request for Grievance Hearing (SOC 834)

  • pdf SOC834 (Spanish)


Overview  

Individuals whose names are referred to the California Child Abuse Central Index (CACI) are required to be informed that their names have been sent for listing on CACI.  Those individuals have a right to challenge the listing of their name through an administrative grievance process.

Further, as a result of the Gomez v. Saenz settlement, county child welfare agencies were required to post during the month of May 2008 a notice to inform the public about recourse for individuals who believe that their name was referred to CACI incorrectly.

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How a Person Finds Out if They Are Listed on the CACI  

Any individual may find out if he or she is listed in the Child Abuse Central Index (CACI) by:

  • Submitting a notarized letter to the Department of Justice (DOJ) requesting the information.   The request must include the person's name, address, date of birth, and either a social security number or a California identification number.  The individual may use the Gomez CACI Self Inquiry.
    • California Department of Justice

    Bureau of Criminal Information and Analysis

    Child Protection Program

    P. O. Box 903387

    Sacramento, CA 94203-3870

 

If the DOJ confirms that the individual is listed on the CACI, DOJ informs the individual of the date the report was made and name of the submitting agency.  If the individual believes that his or her name was submitted incorrectly, he or she is then responsible for submitting a written request to the local child welfare agency to request a Grievance Hearing within 30 calendar days of the date that the Notice of Child Abuse Central Index Listing (SOC832) was mailed to the person.  

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Forms for Notifying Individual's of Their Listing on the CACI  

The following forms have been developed by the State and are to be used by county child welfare agencies when contacting suspects about CACI listings:

  • Notice of Child Abuse Central Index Listing (SOC 832)
  • Grievance Procedures for Challenging Reference to the Child Abuse Central Index (SOC 833)
  • Request for Grievance Hearing (SOC 834)

The forms are generated in CWS/CMS after a DOJ report is created.

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When an Individual Challenges a CACI Listing  

An individual may contact DFCS after receiving a Notice of Child Abuse Central Index Listing (SOC 832) for further explanation of the process.  If an individual contacts a DFCS staff person in response to a Notice of Child Abuse Central Index Listing or confirmation that his/her name is listed on the CACI, the DFCS staff person may either:

  • Instruct the individual to return the Request for Grievance Hearing (SOC834)

or

  • Refer the individual to the Administrative Support Bureau, 975-5723, if the individual has further questions or requests assistance in completing the form necessary to initiate the request for the Grievance Hearing.
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Requests for Grievance Hearings  

Upon receiving a Request for Grievance Hearing, the assigned Administrative Bureau staff initiates a preliminary internal review to assess the request, using the Gomez Grievance Hearing Preliminary Review Worksheet (SCZ45).  The review includes:

  • Reviewing the child abuse case file to determine that:
    • An active investigation was completed.
    • There is supporting documentation.
      • The underlying documentation should include at a minimum:
        • The identity and contact information for the victim and witnesses.
        • The abuse or neglect that was alleged.
        • Where and when the abuse is alleged to have occurred.
        • What allegations were investigated.
        • What findings were made from the investigation
  • Consulting with the social worker who completed the referral investigation.
  • Confirming that the disposition of the referral was substantiated or inconclusive.
  • Confirming that the underlying documentation supports a disposition of substantiated or inconclusive.
  • Determining whether a juvenile dependency court found the allegation to be true.
    • No grievance hearing is required when a court of competent jurisdiction has determined that the suspected abuse or neglect has occurred.
  • Determining whether the allegation of child abuse or neglect resulting in the referral to CACI is pending before the court.
    • No grievance hearing is required when the allegation of child abuse or neglect resulting in the referral to CACI is pending before the court.

If the Gomez Hearing coordinatordetermines that..

then the Gomez Hearing coordinator..

The individual’s name was incorrectly submitted for listing on the CACI

Forwards the SCZ45 with Preliminary Review findings to the:

  • Investigating social worker's SSPM.

  • Administrative Support Bureau program manager (SSPM)
    • The Admin SSPM then forwards the form to the Emergency Response program manager.

The investigating social worker's program manager:

  • Discusses the referral with the social worker who completed the investigation and the social worker's supervisor
  • Returns the SCZ45 to the Gomez Hearing coordinator with written comment agreeing or disagreeing with the determination that the individual’s name was incorrectly submitted for listing on the CACI.
If the ER Program Manager.. then the Gomez Hearing coordinator..
Agrees that the individual’s name was incorrectly submitted for listing on the CACI •  Sends to the DOJ:
  • A copy of the original SS8583.
  • A new SS8583, which states that supplementary information is being provided for a previously submitted SS8583.

 DOJ Address:

  Dept. of Justice

            4949 Broadway, Room  B216

            Sacramento, CA 95820

•  Downgrades the referral investigation disposition in CWS/CMS to inconclusive or unfounded.

•  Responds to the suspect in writing, using County Response Letter to Suspect (SC219) to inform the suspect of the outcome of the review.

•  Logs the outcome in the Administrative tracking file.

Does not agree that the individual’s name was incorrectly submittied for listing on the CACI

•  Sets a Grievance Hearing.

•  Logs the outcome in the Administrative tracking file.

The individual’s name was correctly submitted the CACI

•  Sets a Grievance Hearing.

•  Logs the outcome in the Administrative tracking file.

The individual’s name was correctly submitted to the CACI, and the suspect does not have a right to a Grievance Hearing because the allegations are before the Court or have been sustained in a petition by the Court

•  Notifies the suspect in writing that he/she does not have a right to a Grievance Hearing.

  • Use the County Response Letter to Suspect (SC219) to inform the suspect of the outcome of the review.
  • If court procedures are pending, the Gomez Hearing coordinator requests that the grievant contact DFCS after the court proceedings are over, if the grievant wants to pursue a Gomez Hearing at that time.

• Logs the outcome in the Administrative tracking file.

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Grievance Hearing Procedures   The process for a Grievance Hearing is outlined in the document Grievance Procedures for Challenging Reference to the Child Abuse Central Index (SOC 833) which is sent to each individual whose name is referred to the CACI.
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Other References  
bullet2 OPP Chapter 13-2.1: Reporting to the Department of Justice (DOJ)
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