CACI: Child Abuse Central Index in California

CACI: Child Abuse Central Index in California

If you have any questions related to the CACI in southern California, call us today at (619) 746-8879

CACI is a list of suspected child abusers in California. It stands for Child Abuse Central Index and it is maintained by the Department of Justice in California where they include those people suspected of physical, sexual and mental abuse, as well as severe neglect of a minor.

People’s names can get added to CACI either by a law enforcement officer, prior to 2012, or by a country child welfare services agency. This occurs if there was a report from a child’s family member, babysitter, parent, neighbor, daycare personnel, or other and your name could end up on this list, only for you to find out later.

What is considered child abuse or neglect?

“Child abuse or neglect” is defined under Penal Code section 11165.6, and includes:

• Physical injury or death inflicted by other than accidental means upon a child by another person; 
• Sexual abuse, either:
  • Sexual assault, which generally includes any type of sexual activity or molestation perpetrated against or involving a minor, whether or not by force, fear or threat of immediate or future harm; or
  • Sexual exploitation, which includes involving a minor in producing child pornography or engaging in prostitution;
• Neglect, defined as the “negligent treatment or the maltreatment of a child by a person responsible for the child’s welfare under circumstances indicating harm or threatened harm to the child’s health or welfare”;
• Willful harming or injuring of a child or the endangerment of the person or health of a child; and
• Unlawful bodily punishment or injury, defined as willful infliction upon a child of cruel or inhumane treatment resulting in a traumatic condition.

What happens if a social worker contacts me to investigate my case?

Social workers determine if there is the slightest risk of harm to a child at your home. Therefore, if you do agree to the interview, be careful since anything and everything you say or do can be used against you. It is a social worker’s job to discover if a child is in harm’s way and raise criminal charges against you.

After the social worker investigates your case, s/he will either close the case with no further action; establish a parenting plan to keep you and the minor together as long as you follow the mandates; refer your case to the Department of Justice to place you under CACI; or refer your case to the justice system and also refer it to the juvenile dependency courts to attempt to take the child away from your home and into protective custody.

In addition, the allegations against you can be found either substantiated, inconclusive, or unfounded. If you are found to be in the first category, your name will be forwarded to the Department of Justice to be placed on CACI. If this happens, you need a lawyer to represent you in California.

Why do I need a lawyer to represent me at a CACI hearing?

You should know that at a CACI grievance hearing, the government has already decided to place your name on CACI and if you go unrepresented you will probably lose. There is no jury present, just you and the government, but a skilled trial attorney by your side can make a huge difference. A lawyer not only knows the process, s/he knows what to say and how to win.

If your name is placed on CACI, it will stay there for the rest of your life and you will not be granted an appeal. However, this list is not available to the general public (although you can request a Self Inquiry Request form to find out if your name is listed). Only judges, law enforcement, employers, daycare providers, prosecutors, potential employers, licensing agencies, child welfare agencies, military, military and federal contractors and organizations where you can volunteer for (schools, youth groups, churches, etc), can have access to the list. 

Being listed on the CACI can also have negative implications on one’s immigration status. For example, if a Lawful Permanent Resident (LPR) is seeking to apply for citizenship through naturalization, being listed on the CACI can have a negative effect on his/her application for citizenship. 

Additionally, if you are placed on CACI it will be almost impossible for you to adopt a child, foster children, or have certain jobs where you will be near children. It will also prevent you from taking care of children even if you were designated as the legal guardian in case their parents passed away. In other words, you do not want your name to be listed on CACI, especially if you were wrongfully accused, you need a good lawyer to represent you.

What information is included in CACI?

The information that is added to the Child Abuse Central Index file is:

• The names and personal descriptions of the suspects and victims;
• The reporting agency that investigated the incident;
• The name and/or number assigned to the case by the investigating agency;
• Type(s) of abuse investigated; and
• The findings of the investigation if the allegations are substantiated.

At Kannan Law, we handle these cases and we have your best interests at hand. Contact us today and let’s set an appointment as soon as possible! Our attorneys are ready to represent you.