⚠️ Aviso de traducción: Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.
⚠️ Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.
Findings 8 findings
F1
Investigations into suspected child abuse situations result in a Child Protective Services report and can result in a Child Abuse Central Index listing. The investigator’s findings and conclusions determine the classification of the report with its consequences as follows: a Substantiated Listed Permanently a Inconclusive Listed for 10 years (if no further incidents) a Unfounded Not Listed
F2
The alleged offender's first recourse is to appeal the decision regarding placement on the CACI to a CPS manager who works for the same agency that did the investigation and made the report. The next level of appeal would require legal action.
F3
There is wide latitude in developing and interpreting evidence during an investigation; this allows for varying degrees of substantiation in judging that an allegation is inconclusive or substantiated, and therefore placing a name on the CACI.
F4
Since listings can be done without a criminal complaint being filed the opportunity for the person listed to prove innocence in a court of law is preempted.
F5
The individual listed is not notified prior to his or her name being listed. 2/3 July 1, 2004
F6
The jury heard testimony that the economic and social consequences to the listed individual could be severe and the process to remove one’s name from the list is difficult to accomplish.
F7
A person placed on the list may verify his or her status by contacting the state Department of Justice. The general public does not have access to CACI listings.
F8
Public interest groups and the state Department of Justice are actively working to rewrite the legislation underpinning the CACI process to allow the person named to have a hearing before the listing of a name as well as a hearing to appeal for the removal of a name (SB 1312 and AB 2442). Conclusion An inconclusive child abuse allegation report is sufficient to cause placement on the Child Abuse Central Index without a legal framework to ensure equal treatment during the investigation process. This results in the appearance of a “guilty until proven innocent” consequence, contrary to our legal tradition. The need to protect children is understandable but should be balanced with protection for those accused of abuse. Care must be taken to set high standards on investigation and determination of an inconclusive designation as it is tantamount to implying guilt. CPS supervisory oversight should monitor these high standards and designations of inconclusive should be subject to management review.
Recommendations 3
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R1Sonoma County CPS should carefully review the ‘inconclusive’ category and provide input and make recommendations to the Department of Justice as to whether that category should remain in any amendments to the statutory scheme.
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R2Until the law (PC 11165.6 & 11165.12) is changed, CPS should provide grounds for the listing to allow the person listed to prepare an appeal if they choose.
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R3Persons deemed to be such a danger to children that they are going to be listed in the CACI based upon an inconclusive report, should be notified, to the extent allowed by law, and given the opportunity to respond to CPS, prior to the name being released to the state Department of Justice. Required Responses to Findings None Required Responses to Recommendations Director, Child Protective Services (Youth, Family and Children’s Services) - R1, R2, R3