Within 5 business days of the county submitting information to the Department of Justice (DOJ) to list any individual on the Child Abuse Central Index (CACI), the county is supposed to provide you with written notice. It is very important that the person to be listed on the CACI hire a knowledgeable family law attorney because of the time requirements to be heard and the severity and consequences of being listed on the CACI. WK attorneys are familiar with the time requirements and know the procedure so we can help you before it is too late.
The county must provide you with notice stating (1) the county has conducted an investigation of suspected child abuse or neglect and the county has determined the child abuse to be either inconclusive or substantiated, and the county have referred the individual to DOJ for listing on the index; (2) the victim’s name, a brief description of the alleged abuse or neglect and the date and location where it occurred; (3) notice that the individual has a right to a grievance hearing; (4) a person they can contact with the county; (5) a form to request a grievance hearing; and (6) a copy of the grievance procedures. There are strict procedural requirements for requesting a grievance hearing when child abuse or neglect is found to be inconclusive or unsubstantiated. Once you request the hearing, it must be set within 10 business days and must be heard within 60 calendar days.
It is important to have an experienced WK attorney to ensure the time restrictions are meant and to represent you at the hearing. At the hearing, as your attorney we would examine all documents the hearing officer has and any other evidence they intend to use as evidence at the hearing. Without a knowledgeable federal crime attorney from WK representing you, it would be extremely difficult for any individual to represent themselves and know which evidence is beneficial and which evidence should be excluded. A WK attorney can review the list of witnesses and evidence prior to the hearing to assist you in building your case. After reviewing the county’s witness list, a WK attorney can then have gather evidence and other witnesses to testify on your behalf.
It is important to have an attorney that can assist you in convincing the county that their claim should be withdrawn or changed. A WK attorney can achieve this by rebutting the county’s evidence presenting a strong case. After the hearing, the hearing officer submits their statement and recommendations to the County Director. The County Director will issue a final decision adopting, rejecting, or modifying the recommended decision within ten business days after the recommended decision is entered.
A person that is not represented and does not know the procedure and requirements could cause detrimental because your name would be listed on the CACI index.
Since your name is one the CACI for a period of 10 years, it is important to hire a California criminal defense attorney who has over 30 years experience in this field to guide you through the process and present evidence showing you should not be listed on the CACI. Visit us at www.wklaw.com and call us 888-749-0034. We will be there when you call.