Being on the CACI does not mean you have a criminal record. But remember, YOU CANNOT WIN IT IN THEIR COURT! When someone contacts the SCR about a case of suspected abuse or maltreatment, a report is generated and sent to Child Protective Services (CPS). The other case will be dismissed. Next, review your court order to see what orders may be violated by the caseworker. 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. California CPS also has jurisdiction if the abuse happened in another state, but the child now lives in California. 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. The Court Officer, who is a social worker, will start the hearing by “calling the case”. For example, California CPS has jurisdiction over cases where the abuse happened in California. 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. ). It will work in, Sign your name on it in front of a notary public. We can only imagine the horror our clients experience when being accused of child abuse. What Forms are Required. If you have security clearance, I’ve been told that it could affect result in losing that clearance. Are you an adult? In my opinion, the answer is: none of these. We are widely regarded as the foremost authorities on all issues related to the CACI. As many courts are currently closed to the public, we are here to help you sort through all the clutter. You will be better off hiring a lawyer who is extremely knowledgeable about the Child Abuse Central Index Grievance Hearing laws and procedures. If you miss that deadline, you’re out of luck–you won’t have another chance to get your name off the CACI. Investigations that result in inconclusive or unfounded findings do not result in a CACI listing. Parents Rights against Social Services, Child Protective Services, Human Services false accusations. If you have a CACI case in California, then yes. Our clients and we simply hunker down, do the work, put in the effort, keep a positive outlook, and in the end we know we've done our part to present the best possible case. Some clients will not be able to get promotions or may get fired while on the CACI. You only have two options: 1) hire a lawyer to represent you or 2) represent yourself. Usually, the social worker will be there too. CPS then begins an investigation, which it has 60 days to complete. In civil cases, the prosecuting party would be the individual or organization that filed the lawsuit. We never make promises about the outcomes of cases. They will wait until the court case is resolved. while on the CACI. I am sure that you can! You have been tricked into believing that the Public court had jurisdiction over you and your child. Some clients will not be able to get a job in their chosen profession while on the CACI. Dependency law comes from the Welfare & Institutions Code, not the Penal Code. While both the CACI and criminal records are maintained by the California Department of Justice, they are two separate lists. Do an internet search for "CPS" with the name of the state and city or county. How to fight CPS and win in the USA. 'General practice' family law attorneys will be unprepared for the quirky procedures of Dependency Courts. We represent clients in their fight to get off the CACI. Send copies of it to the CPS Director and the Judge. My course supplies the affidavit template plus all the forms you will need. Those are the reasons why they hired me. Only about 3% of all criminal cases go to trial. 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. (Some counties take MUCH longer to make a decision than others. 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. EVERY CASE IS DIFFERENT, INCLUDING YOURS. Request for Dismissal, form CIV-110. At the end of the investigation, CPS determines whether the … CACI cases involve criminal law, not family law. Nonetheless, the report does not break down the type of abuse into the various subcategories. 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? A motion is a request made in a case asking the court to issue an order of some sort. Can you keep a simple file? In criminal cases, that would be the county prosecutor or district attorney. It will teach you how to win your case. “What Is the Child Abuse Central Index (CACI)?”. We have been sought out for consulting, presenting, and educating on CACI issues by many organizations, lawyers, and law-makers throughout California. If you do this in CACI cases, you will lose. (According to the law.) This almost always involves their client admitting guilt early and expressing sympathy for the victim, and taking responsibility for his or her action. How to Proceed with Your CACI Hearing Appeal? Some clients will not be able to adopt a child while on the CACI. These include everyone listed above. Legal defense strategies. Probably. The CACI does not distinguish between the two. You need to ask for a Grievance Hearing using the form provided in the envelope. A CACI report is a notification by a local county child welfare agency to the California state Department of Justice that the agency has deemed a certain person to be a child abuser. Some clients will not be able to continue volunteering at their children's school or coach their children's athletic teams (soccer, baseball, football, basketball, etc.) In California, Child Protective Services will not divulge specific information about its investigation but may share general information and the status of the case being investigated. They felt it was an injustice for them to be on the list and, as a matter of principle, they wanted off. That county agency then sent a notice to the Department of Justice to have your name placed on the CACI. An inconclusive finding means the report was not deemed substantiated nor unfounded by the social worker or social worker supervisor. CACI cases are all we do. When you hire us, you hire a law firm that knows the child abuse laws inside and out. 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. Our success rate fluctuates over time, as you might expect. They do not want to dismiss just because you begged them to. You are BEGGING the court to see it your way. Involuntary Dismissal. Will we want to hire expert witnesses to help us with your case? At any given time, we have a 85-90% success rate. But we know, based on experience, the sweetness that comes to our clients when they have their name cleared. How Many CACI Cases Have You Won?”, “Will I Be Better Off Hiring a Local CACI Lawyer?”, “What If I can’t afford to hire a CACI Lawyer?”, “What Else Can You Tell me About Your Law Firm?”. Now you wait 72 hours after they receive the affidavit. The Director or Judge has 10 days to appear in the arbitration to explain why they did not give you back your children and pay the $5,000 per day per child that was in their care. 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. 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. They don't. 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. I have also had clients hire me simply because they didn’t like the idea of being labelled a “child abuser”. The Child Protective Services is the major system of intervention of child abuse and neglect in California. That will ensure you have the best opportunity to achieve a successful outcome in your case. Open your own Private court by having our affidavit of Prove Claims (which is also a contract with who you send it to). California’s Child Abuse Central Index is a list maintained by the California Department of Justice of known and suspected child abusers. Child Abuse Central Index FAQ | California Child Abuse Central Index Lawyer. For example, the DMV, the FTC, the EPA, state and federal licensing agencies, and countless others, are all involved in administrative law. Understand the reasons a complaint can be dismissed. You MUST do it in a way where YOU ARE IN FULL CONTROL instead of the judge or the District Attorney. I'm sure that it does. With few exceptions (such as in family law cases), there is no Judicial Council form for making a motion. They will not know if your CACI listing is due to physical abuse or sexual abuse, for instance. Will People Find Out the Exact Reason I'm on the CACI? So, what steps do you need to take? CACI cases are NOT criminal cases, family cases, or dependency cases. Have a friend send them off right away and fill out a form stating the time and method that it was sent. There are two forms that must be filed to dismiss a case. When a newly hired client informs us that they have no criminal history (or only distant criminal history and no felonies), many times we will look to see if they are diversion eligible and/or capable of receiving a conditional discharge. If you received a letter from a county agency notifying you of the placement of your name on the CACI, it probably informed you that you only have 30 days from the date of the letter to ask for a Grievance Hearing to dispute your listing on the CACI. How to Get a CPS Record Expunged. 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. First, if your name was recently placed on the Index, it is because a county child welfare agency (such as CPS, CWS, Health & Human Family Services Agency–different counties use different names) conducted an investigation into an incident and concluded that you abused or neglected a child. Our particular areas of legal knowledge are the child abuse laws and the child abuse reporting laws. CACI cases are not negotiated. COVID-19 TRAFFIC TICKET UPDADE – April 24, 2020 – Our team, our process, and our ticket fighting technology is available to help you fight and dismissed any California traffic ticket. 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. For all they know, you could have been put on the CACI as a result of a minor spanking incident or you could be a serial child molester. Sometimes a minor will have both types of cases at the same time. (Supplied in course), Plus you send out a Certificate of Non-response and judgement. You may have to write or email the CPS and request copies of the records the agency has regarding you and your children. 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. OPEN YOUR OWN PRIVATE COURT AND DEMAND YOUR CHILD BACK WITHIN 72 HOURS. 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. A case that is dismissed involuntarily is dismissed by a judge and may be dismissed with or without prejudice. We want you to experience that feeling too. A substantiated finding is one in which the social worker involved found it to be more likely than not that child abuse was committed. Click an "about" or "contact" link to make sure you're on the government site. 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?). Have a friend send them off right away and fill out a form stating the time and method that it was sent. In California, the process of expunging or clearing a criminal record is usually called "dismissal," because the case is reopened and the criminal conviction is dismissed. 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. Anyone who finds out you are on the CACI will just know you are on the CACI. Cases are voluntarily dismissed when the prosecuting party chooses to dismiss the case. Only one question matters: What's your reason? Cases Against CPS / CWS (Juvenile Dependency Cases) - San Diego Family Law Lawyer What this means is that a parent who spanks his/her child on the rear end and leaves a tiny red mark is treated the same as (and put in the same category as) a person who beats a child to death or breaks bones, etc. The state only has jurisdiction over you if you have COMMITTED A CRIME and they must protect the other citizens from your criminal ways. They will swear an oath that it was done. “Who Has Access to the List of Names on the CACI?”, “What Steps Do I Need to Take to Get My Name off the Child Abuse Central Index?”, “Is There Anything that Would Prevent Me from Getting Started Right Now?”, “What Exactly Can You Do for Me to Get My Name Off the CACI?”, “What Else Can You Tell Me About CACI Cases in the Various Counties?”, “How Will Being on the CACI Negatively Impact Me and My Family?”, “Is the CACI the Same as a Criminal Record?”, “How Long Will My Name Stay on the CACI?”, “When Should I Get Started to Get My Name Off the Child Abuse Central Index?”, “What Are Some Reasons Your Clients Have Hired You?”, “What Is Your Track Record of Success or Your Win Percentage? No. Your case rests on this area of law. 10 Ways to Beat CPS - How to Beat Los Angeles DCFS, Child Protective Services in other counties and states. 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