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Being listed
in the California Child Abuse Central Index (CACI)
can have devastating consequences. If you have been
wrongly listed in the CACI, it is possible to have
your name removed though a “grievance”
procedure; but the process is complex. You have to
act quickly. Having the assistance of an experienced
Los Angeles criminal defense attorney who understands
the complexities of CACI grievance proceedings is
important.
What is the California Child
Abuse Central Index (CACI)?
The California Child Abuse Central
Index (CACI) is a da¬tabase kept by the California
Department of Justice (DOJ). You do not need to be
convicted of child abuse to be placed in the CACI
– just being investigated for child abuse and
neglect is enough. Educational, childcare, adoption,
foster care and child welfare employers have access
to the CACI. So your ability to work or volunteer
with children, adopt or serve as a foster parent can
be severely limited if you are listed in CACI.
How did I get in the California
Child Abuse Central Index?
Under California child abuse
law, various people are required to report suspected
child abuse (e.g., doctors, teachers, childcare workers,
law enforcement officers). Reports can also be made
voluntarily (e.g., by a neighbor who suspects child
abuse.) In Los Angeles County, reports are generally
made to Los Angeles County Department of Children
and Family Services or a Los Angeles law enforcement
agency. Following the investigation, the report is
categorized as “unfounded,” “substantiated”
or “inconclusive” and the case worker
determines whether placement on CACI is warranted.
What does a California Child
Abuse Central Index listing include?
A CACI listing includes:
- The names and descriptions
of the suspects and victims
- The reporting agency that
investigated the incident
- The name and/or identifying
number assigned to the case
- The type(s) of abuse that
was investigated
- The investigator’s
findings, which will be either “substantiated”
or “inconclusive”
How do I get my name removed
from CACI?
When your name is going to be
submitted to CACI, a notice will be sent to your last
known address. You then have 30 days to appeal that
action. The appeal is called a “Grievance Hearing.”
If you get a notice that your name is going to be
submitted to CACI, you should call an experienced
criminal defense attorney immediately—the grievance
hearing is your best chance to keep your information
out of the index.
Can I Represent Myself at a
CACI Grievance Hearing?
Yes. You are not required to
have an attorney at a CACI Grievance Hearing, but
it is a good idea to have an attorney familiar with
the process standing by your side to level the playing
field. An experienced grievance hearing attorney can
ensure that small mistakes do not derail your success.
For example,
- There are strict time limitations
associated with CACI grievance proceedings; your
attorney will ensure that everything proceeds on
schedule.
- You are allowed to review
the evidence the state has against you and the list
of witnesses who will provide testimony against
you; your attorney will help you determine if any
unfavorable evidence can be excluded on technical
grounds.
- You can have witnesses testify
on your behalf; your attorney can help you determine
which witnesses will be effective and will help
those witnesses make the best presentation possible.
- Although the hearing is
not supposed to be adversarial (like a trial) there
are rules that must be followed; if the county does
not follow the grievance hearing rules (e.g., disclose
all evidence and witnesses before the hearing) your
attorney will protect your rights.
- The allegedly abused child
maybe a witness at the hearing; your attorney can
work with you to obtain the information necessary
to effectively question the child and minimize any
harmful testimony.
- If you are successful, the
county must request that the DOJ remove your information
from the CACI; your attorney can help you confirm
that the listing has been deleted.
Why should I retain Kenneth
H. Lewis to represent me at a CACI Grievance Hearing?
Ken Lewis has over 30 years
experience as a criminal defense lawyer. He has the
particularized knowledge and experience to handle
these specialized grievance procedures and has an
outstanding track record of success. He will leave
no stone unturned in representing you, will keep you
fully informed and will make sure that everything
possible is done to insure a successful result.
Call Kenneth H. Lewis now to schedule a FREE CONSULTATION
at: 213-624-4904, or e-mail him at kenlewis@losangeleslegaldefense.com,
day or night.
LAW OFFICES
OF KENNETH H. LEWIS & ASSOCIATES
633 West Fifth Street, 26th Floor
Los Angeles, CA 90071
TELEPHONE: 213-624-4904
E-MAIL: Kenhlewis@losangeleslegaldefense.com
FAX: 213-623-7301
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