Stacie L. Patterson Law Blog

As a parent, I have a number of things to worry about from the mundane, like getting my kids to school on time to the profound, like trying my best to teach them to make good choices in life.  In addition to expected issues that all parents and caretakers should know about, the Child Abuse Centralized Index is also something to care about.

With the goal of protecting children, many states, including California, maintain a registry of the names of actual and suspected child abusers known as the Child Abuse Central Index (CACI).  

When a report of physical or sexual abuse or neglect of a child is made, law enforcement or a Social Service Agency will investigate the claim. Even if criminal charges are not filed, a determination will be made whether the accusation is: 1) Founded; 2) Unsubstantiated; or 3) Unfounded.  Unless the allegation is determined to be unfounded, the adult's name will be placed on the list maintained by the Department of Justice.  The DOJ will then inform social welfare agencies whether an individual's name has been placed on the list.  Agencies use this list to help screen applicants for licensing or employment in child care facilities and foster homes, and to aid in background checks for other possible child placements, and adoptions.   Anyone can call a hotline to report instances of abuse.  Obviously every report must be taken seriously and the accused must be investigated.  In the event there is not substantial evidence to determine if the accusation is unfounded, the report is listed as unsubstantiated.  If there is not enough information to deem the report unfounded, it will be determined to be unsubstantiated.  When the report is deemed unsubstantiated, the name of the accused will be listed in the same manner as those whose claims are founded.  Suddenly that vindictive neighbor or your ex-spouse's new partner has a convenient way to wreak havoc in your life, because calls to the hotline may be made anonymously.  Many individuals aren't even aware of their placement on CACI until they apply to adopt or provide foster care for a family.  

By placing the name of someone with unsubstantiated evidence on the list, one is therefor automatically "guilty until proven innocent".  Having one's name removed from the list can be difficult.  Not all agencies are required to report to the same place and according to a report from an Orange County Grand Jury, "There are numerous examples in which a court finding in favor of the accused did not remove the person's name from CACI.  Children and Family Services is not required to respond to a court action.  CFS may determine there are other reasons to retain the name on CACI despite court action."  People spend thousands of dollars and years of their lives trying to clear their names from a list that by all rights they shouldn't even be on.  The process can be confusing and harrowing.  

Since 1998, California law has required notice to people who become listed as suspects, but there is still no notice for alleged victims or parents not named as suspects. The CACI had more than 800,000 names on it as of September of 2009, the most recent information I could find.  

An experienced attorney can assist in fighting a listing on the CACI. Each person listed on the Index must be given opportunity to grieve a listing. S/he has a right to information of alleged abuse or neglect. At the grievance hearing, evidence whether the purported abuse or neglect actually occurred and character evidence can be presented. An attorney familiar with the appropriate administrative procedures is crucial.  

With so many things we as parents worry about, an unsubstantiated accusation on the CACI doesn't have to be one of them.

If you have been accused of a crime, call Attorney Stacie L. Patterson.  (619) 269-8074