The Child Abuse and Neglect Reporting Act, Penal Code section 11164 et seq. (CANRA) authorizes persons to report suspected child abuse or neglect to certain public agencies, including a county welfare department. Anyone reported is required to register with the CACI. However, an experienced family law attorney can help you get your name removed from the CACI.
The CANRA creates three levels of reports: unfounded, substantiated, and inconclusive. An “unfounded report” is one determined by the investigator who conducted the investigation to be false, to be inherently improbable, to involve an accidental injury, or not to constitute child abuse or neglect . . . (Pen. Code § 11165.12, subd. (a)).
A “substantiated report” is one in which the investigator determines “based upon evidence that makes it more likely than not that child abuse or neglect . . . occurred.” (Id., §11165.12 subd. (b)).
An “inconclusive report” is defined as one the investigator determines “not to be unfounded, but the findings are inconclusive and there is insufficient evidence to determine whether child abuse or neglect . . . has occurred.” (Id., 11165.12 subd. (c)).
An agency reviewing a report of alleged child abuse or neglect must forward to the Department of Justice (DOJ) “a report in writing of every case it investigates of known or suspected child abuse or severe neglect” after the agency “has conducted an active investigation and determined that the report is not unfounded. . . (Pen Code. § 11169, subd. (b)). This means they are required to report all substantiated and inconclusive reports.
The CANRA provides that reports may be removed from CACI in two situations:
1) When a reporting agency notifies DOJ a previously filed report “subsequently proved to be unfounded” (Pen. Code § 11169 subd. (a))
2) When a person listed in CACI only as a victim of child abuse or neglect is at least 18 years of age and files a written request to have his or her name removed (id., § 11170 subd. (g)).
Otherwise, an aggrieved party’s ability to challenge an agency’s child abuse report under the CANRA is twofold. First, the aggrieved party must exhaust administrative remedies by completing the grievance process established by the California Department of Social Services. Second, if the grievance process does not provide the desired relief, the aggrieved party may file a writ of mandamus under Code of Civil Procedure section 1094.5 (administrative mandamus). Consequently, the aggrieved party may not directly sue the California Department of Social Services to remove their name from CACI.
We hope that the information in this blog gives you some helpful information on what can be done to remove your name from CACI. If you or a loved one needs assistance with this issue or any other type of dependency or family law matter, call Wallin & Klarich today. Wallin & Klarich family law has a team of highly skilled and aggressive attorneys ready to take your call 7 days a week, 24 hours a day.
