Was the minor interviewed by a professional forensic interviewer? These include everyone listed above. Will People Find Out the Exact Reason I'm on the CACI? At the end of the investigation, CPS determines whether the … That's it. CACI cases are all we do. You can either hire a lawyer to do that for you or you can do it yourself. 10 Ways to Beat CPS - How to Beat Los Angeles DCFS, Child Protective Services in other counties and states. The vast majority of CACI cases proceed to hearing (which is like a trial.). The notary will then sign it that you have taken an oath. With few exceptions (such as in family law cases), there is no Judicial Council form for making a motion. Free Consultation - Call (619) 792-1451 - Lounsbery Law Office, PC is dedicated to providing our clients with a range of legal services in Child Abuse Central Index removal. Another big difference between criminal cases and CACI cases is quite often criminal defense lawyers see their job as getting the least punishment (i.e., sentence) possible. If you find discrepancies you can file for a state administrative hearing. Criminal defense lawyers, family law lawyers or dependency lawyers? ). To get the case record of the investigation against you, you'll have to contact CPS. When someone contacts the SCR about a case of suspected abuse or maltreatment, a report is generated and sent to Child Protective Services (CPS). Which lawyers are best able to handle CACI cases? At any given time, we have a 85-90% success rate. There are two forms that must be filed to dismiss a case. BUT THAT DOES NOT MEAN WE WILL/WOULD/COULD WIN YOUR CASE. If you miss that deadline, you’re out of luck–you won’t have another chance to get your name off the CACI. The longest is about 3 and a half years. All of the templates and instructions are included in this course. If you have a CACI case in California, then yes. If the court case is resolved in your favor, then you should ask for a Grievance Hearing. Do you have a particular reason to have your hearing sooner rather than later? Understand the reasons a complaint can be dismissed. A good administrative lawyer will know procedural rules that apply in administrative hearings, the case law applicable in administrative hearings, and have a great depth of knowledge related to the subject matter of your administrative hearing (in your case: child abuse). I have also had clients hire me simply because they didn’t like the idea of being labelled a “child abuser”. Investigations that result in inconclusive or unfounded findings do not result in a CACI listing. Free Consultation - Call (619) 794-2018 - Tot Law is dedicated to helping individuals and families in Family Law and Children's Rights cases. That will ensure you have the best opportunity to achieve a successful outcome in your case. We have to put that in all caps because it would be unethical for us to make you any promises or guarantees about your case. If you decide you want to ask to dismiss the case, you need to decide whether you want the court to dismiss it “with prejudice” or “without prejudice." And it's what we love. You only have two options: 1) hire a lawyer to represent you or 2) represent yourself. That is because when it is a MOTION, you are leaving it in the judge's hands for them to say yes or no to your motion. Well, it does happen, but it’s quite rare. No. This includes nurses, teachers, coaches, school administrators, prison guards, probation officers, law enforcement officers, military personnel, and the like. request that the case be dismissed, but only with the signature(s) of all other parties to the case. For legal purposes, if your conviction is dismissed, it is as though you never committed the crime. What this means is that in order to get your name off the CACI, you need to convince the child protective services agency to change the finding of the allegations from substantiated to either inconclusive or unfounded. Are you going through a child custody dispute in family court? If you try to get your kids back with a regular motion to the court, Private court (What?....you have never been told about your rights to have a PRIVATE court?). An unfounded finding means the social worker found the child abuse allegation to not be true or to involve an accidental injury. Request for Dismissal, form CIV-110. Involuntary Dismissal. Some clients will not be able to get a job in their chosen profession while on the CACI. Child Abuse Central Index FAQ | California Child Abuse Central Index Lawyer. They CAN'T refute it or rebut it because you are quoting their own laws showing that they had NO right in the first place to take your child. We want you to experience that feeling too. Review and Dispositional Hearing (R&D) If you admitted to the allegations in the petition or pled no contest OR if the Court upheld the petition after an AH, the Court will schedule the case for R&D. You MUST do it in a way where YOU ARE IN FULL CONTROL instead of the judge or the District Attorney. Judge Michael Duncan (1st Judge): Willfully ignored the parent's request to have a second doctor's opinion on the pediatrician Dr. Julie Koch's claimed "forensic" examination - which concluded that there were NO injuries whatsoever discovered yet she still claimed that the spanking to the child's behind was an abuse. If none of those scenarios resonate with you, then perhaps being on the CACI will never really negatively affect your life or the lives of your family members. CACI & Employment at a Daycare or Preschool, The Law Behind CA CACI Grievance Hearings. Sometimes a minor will have both types of cases at the same time. Either way, that should be your first priority, before time runs out. The answer depends on what you do in life. A case that is dismissed involuntarily is dismissed against the wishes of the prosecution if the judge determines that there is a good reason why the case … The ones you really care about include: Any of the above organizations from other states. You don’t want the county agency coming back to you and saying, “Sorry, you had the chance to ask for a hearing 6 months ago and you didn’t do it, so even though your criminal charges were dismissed, we’re not going to give you a Grievance Hearing.” If you ask for a Grievance Hearing now, there will be a record of it later. Different states have varying rules, so start by visiting the website of the Child Protective Services division for your state. As many courts are currently closed to the public, we are here to help you sort through all the clutter. For example, California CPS has jurisdiction over cases where the abuse happened in California. So, if you do currently have a pending criminal or dependency case, the question is: should you send in your request for a Grievance Hearing now, or should wait to see what happens with your court case? They will swear an oath that it was done. Sometimes, when a dependency case is dismissed, a judge makes a custody order, also called an “exit order.” The judge may decide it is not necessary to make an exit order, but if you did get one it goes into your family law court file. You must do it in a manner that they cannot control or stop. Dependency law comes from the Welfare & Institutions Code, not the Penal Code. Likewise, a judge can dismiss the case if they find no legal basis for the charge, if the defendant’s rights have been violated, or if the state has failed to prove its case. Why Did the CPS/CWS Agency Put my Name on the CACI? My course supplies the affidavit template plus all the forms you will need. If you found out you were on the CACI from someone other than the county agency, then you need to write a letter to the appropriate government agency, asking for a hearing. How to Proceed with Your CACI Hearing Appeal? If you don’t already have a file in … Have a Notary Public have you swear that everything in your affidavit is true to the best of your knowledge. Can you keep a simple file? In my opinion, the answer is: none of these. Learn more about Grievance Hearings in the following California counties: Alameda County, Contra Costa County, El Dorado County, Imperial County, Los Angeles County, Orange County, Placer County, Riverside County, Sacramento County, San Bernardino County, San Diego County, San Joaquin County, San Mateo County, Santa Clara County, Stanislaus County, Ventura County. Send copies of it to the CPS Director and the Judge. It’s best to act now. This will not work in CACI cases. It will teach you how to win your case. CACI cases are ADMINISTRATIVE cases and deal with ADMINISTRATIVE law. It will work in EVERY state in the United States. Thus, the predisposition orders dismissing the petition in this case were appealable for two reasons: first, although it was not an adjudication on the merits, it was the final order of the case; second, the court’s order amounted to an abstention of exercising jurisdiction in favor of a different forum, family court. 'General practice' family law attorneys will be unprepared for the quirky procedures of Dependency Courts. We estimate most cases are resolved somewhere around 9 months to 12 months. CACI cases involve criminal law, not family law. One of the difficulties that child welfare agency social workers and County Counsel have with CACI proceedings is that they very often want to apply dependency laws to CACI cases. CACI cases are not negotiated. Will we want to hire expert witnesses to help us with your case? Most people find this site because one of two things happened: 1) They got a letter in the mail from their local child welfare services agency notifying them that their name was placed on the CACI. Your name could have gotten on the CACI in one of two ways. Prepare the documents to be sent via REGISTERED MAIL OR hand delivered to them to the Director of CPS, and the judge presiding over the case. If your name was placed on the CACI as a minor, your name will be removed from the CACI 10 years from the date of the incident resulting in the CACI listing AS LONG AS you don’t have your name placed on the CACI again for some other reason, in which case your name could stay on the Child Abuse Central Index for the rest of your life (or until you turn 100 years old). Can you mail out some simple letters? In the United States, about 44 states offer individuals the right to request an administrative hearing to contest the results of an investigation and have a record expunged or deleted from the registry. Are Unfounded or Inconclusive Reports Reported to CACI? Tammi Stefano of The National Safe Child show interviews California civil rights Attorney Shawn McMillan who talks about how even he was at risk of having his children grabbed by CPS because he was litigating these cases. Therefore, your name was put on the CACI because the social worker or social worker supervisor involved in the investigation of child abuse allegations against you deemed the allegations to be substantiated. The juvenile court "judge" is not even a real judge. Prepare the documents to be sent via REGISTERED MAIL OR hand delivered to them to the Director of CPS, and the judge presiding over the case. Sometimes requests can be made by going to the social services offices in person, though you should check before you go. There are administrative laws related to: driver’s licenses, professional licenses, consumer protection, and a very long list of other topics. If during the court case the judge makes a finding that you committed child abuse or neglect, the county agency will not give you a Grievance Hearing at all. CACI cases are NOT criminal cases, family cases, or dependency cases. Some clients simply do not want to be on the CACI, as a matter of principle, because they are not child abusers and do not want nor deserve the stigma attached their name for the rest of their lives. No. CACI cases are NOT held in criminal courts, family courts, or dependency courts. California’s Child Abuse Central Index is a list maintained by the California Department of Justice of known and suspected child abusers. Have your friend have that form Notarized. If you have proof that the CPS worked filed a false instrument, then let your attorney know immediately. An inconclusive finding means the report was not deemed substantiated nor unfounded by the social worker or social worker supervisor. Some clients will not be able to work at a day care, or their parents or spouses are no longer able to operate a day care while the client is living there. They don't. For more in depth information on how we help our clients, watch our 4-part video series that shows you how we win CACI Grievance Hearings. Click an "about" or "contact" link to make sure you're on the government site. When you hire us, you hire a law firm that knows the child abuse laws inside and out. They are both effectively the same thing and end in the same result, the only difference is the vehicle in which they arrive at that result. First, find a private Juvenile Dependency Attorney. The type of attorney you need is an administrative lawyer who specializes in CACI proceedings. If so, your name will stay on the CACI for the rest of your life (or until you turn 100 years old)…unless you act to get your name taken off the Child Abuse Central Index now. It is practically impossible for one administrative lawyer to know well all the laws applicable in all the different types of administrative proceedings that exist. A diversion is a contract with t… The other case will be dismissed. Child Protective Services (CPS) is facing a First Amendment challenge in court that could forever change the laws that allow CPS to seize children from their biological parents. You also have a range of rights in such proceedings. Get photocopies of the regulations that are violated. Next, review your court order to see what orders may be violated by the caseworker. If you have a current court case pending (either in criminal court or dependency court–dependency court is where the government is trying to take your kids away from you), then the county agency will not give you a Grievance Hearing right now. The District Court judge will make it from a private matter into a PUBLIC matter and ORDER the agency and the court to fulfill the contract. You’ll be out of luck. This method does take some time to fully do it but think about what you will get in return. Say as little as possible. If you are looking for a job as a teacher, it could result in losing that opportunity because employers will simply not hire you. Usually, the social worker will be there too. Cases are voluntarily dismissed when the prosecuting party chooses to dismiss the case. What county is your case in? That county agency then sent a notice to the Department of Justice to have your name placed on the CACI. If that’s you, then yes, obviously your name is already on the CACI. 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