Some clients will not be able to adopt a child while on the CACI. Child Abuse Central Index FAQ | California Child Abuse Central Index Lawyer. Send copies of it to the CPS Director and the Judge. In my opinion, the answer is: none of these. Cases Against CPS / CWS (Juvenile Dependency Cases) - San Diego Family Law Lawyer No. Do you have a particular reason to delay your hearing? Judges can dismiss a case either on their own motion or on the motion of the defendant. That county agency then sent a notice to the Department of Justice to have your name placed on the CACI. The type of attorney you need is an administrative lawyer who specializes in CACI proceedings. But we know, based on experience, the sweetness that comes to our clients when they have their name cleared. “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? 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?). Now that they have defaulted on your contract to give you back your kids, you can take it to arbitration to get what you asked for awarded to you. (Supplied in course), After that you take your contract that they have defaulted on to ARBITRATION at https://onlinecontractarbitration.com. 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. request that the case be dismissed, but only with the signature(s) of all other parties to the case. 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. Can you mail out some simple letters? Administrative law deals with laws made by agencies of the executive branch of government. They do not want to dismiss just because you begged them to. Request for Dismissal, form CIV-110. OPEN YOUR OWN PRIVATE COURT AND DEMAND YOUR CHILD BACK WITHIN 72 HOURS. The state only has jurisdiction over you if you have COMMITTED A CRIME and they must protect the other citizens from your criminal ways. 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. However, if the worker did not admit that ALL of the allegations are false, then the Court will probably not dismiss. When your case is called you go into the courtroom with your attorney and all of the other people in your case. A motion is a request made in a case asking the court to issue an order of some sort. 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). Our particular areas of legal knowledge are the child abuse laws and the child abuse reporting laws. Do you have a particular reason to have your hearing sooner rather than later? There are two forms that must be filed to dismiss a case. Only investigations that result in substantiated findings result in the alleged abuser being placed on the CACI. The arbitration company sends out a Notice Of Arbitration. 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. There are administrative laws related to: driver’s licenses, professional licenses, consumer protection, and a very long list of other topics. 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. The answer depends on what you do in life. Some clients will not be able to get a job in their chosen profession while on the CACI. The other case will be dismissed. Have a friend send them off right away and fill out a form stating the time and method that it was sent. Dependency law comes from the Welfare & Institutions Code, not the Penal Code. If the court case is resolved in your favor, then you should ask for a Grievance Hearing. But remember, YOU CANNOT WIN IT IN THEIR COURT! 2) They were notified by another organization (such as a potential employer or a licensing agency) that their name is on the CACI. It depends. The Department of Justice responds to the notification by listing that person's name in a database of child abusers called the Child Abuse Central Index (CACI). A case that is dismissed involuntarily is dismissed by a judge and may be dismissed with or without prejudice. CACI cases involve criminal law, not family law. 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. This almost always involves their client admitting guilt early and expressing sympathy for the victim, and taking responsibility for his or her action. If you have proof that the CPS worked filed a false instrument, then let your attorney know immediately. 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. 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. His children are grown now so he has much less to worry about. The notary will then sign it that you have taken an oath. They typically are not very well-versed in the case law relating to criminal law. The longest is about 3 and a half years. The Child Protective Services is the major system of intervention of child abuse and neglect in California. It’s best to act now. If you try to get your kids back with a regular motion to the court, you will LOOSE. CACI cases are NOT criminal cases, family cases, or dependency cases. Nonetheless, the report does not break down the type of abuse into the various subcategories. With few exceptions (such as in family law cases), there is no Judicial Council form for making a motion. Either way, that should be your first priority, before time runs out. An inconclusive finding means the report was not deemed substantiated nor unfounded by the social worker or social worker supervisor. We are widely regarded as the foremost authorities on all issues related to the CACI. Free Consultation - Call (619) 794-2018 - Tot Law is dedicated to helping individuals and families in Family Law and Children's Rights cases. 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. 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. Parents Rights against Social Services, Child Protective Services, Human Services false accusations. You’ll be out of luck. The vast majority of criminal cases settle after negotiation between the defense lawyer, prosecutor, and judge. 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. 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'm sure that it does. Involuntary Dismissal. 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. Different states have varying rules, so start by visiting the website of the Child Protective Services division for your state. You may have to write or email the CPS and request copies of the records the agency has regarding you and your children. Well, it does happen, but it’s quite rare. A change of the finding from substantiated to either inconclusive or unfounded will require the child welfare services agency to have your name removed from the Child Abuse Central Index. Was the minor interviewed by a professional forensic interviewer? 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 … (According to the law.) Your case rests on this area of law. BUT THAT DOES NOT MEAN WE WILL/WOULD/COULD WIN 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). 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. Have your friend have that form Notarized. Are you going through a child custody dispute in family court? We have been proudly serving clients, primarily in Denton County, for over 25 years. You are BEGGING the court to see it your way. You can then take your contract and your award to the District Court and have it CONFIRMED as a judgement against the agency that the Director represents and the judge. While our offices are located in San Diego County and San Bernardino County, wherever you are located, we can help. So, what steps do you need to take? We want you to experience that feeling too. Instructions on How to Dismiss a Case Request for Dismissal (CIV 110); and Notice of Entry of Dismissal (CIV 120) Please note that if you want to dismiss a domestic violence, or an elder or dependent adult abuse restraining order, you must schedule a hearing by filing a Request for Order. On the other hand, perhaps you don’t ever see yourself falling in any of those scenarios. How to Beat a False Allegation of Child Abuse, Defense Strategy Plays a Critical Role in Your CACI Hearing, How to Explain False Allegations of Child Abuse in Child Abuse Central Index Grievance Hearings, CLICK HERE to Get Access to the 4-Part Video Series, Non-profit organizations at which you may wish to volunteer. We never make promises about the outcomes of cases. How to fight CPS and win in the USA. What county is your case in? You send them a Notice Of Default on your contract. You must do it in a manner that they cannot control or stop. It will teach you how to win your 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. 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? If you ever want to adopt a child, you lose that opportunity. 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. Do you have a friend that can help you serve them through the mail or in person? Understand the reasons a complaint can be dismissed. This will not work in CACI cases. However, your attorney should put the worker on … An unfounded finding means the social worker found the child abuse allegation to not be true or to involve an accidental injury. All of the templates and instructions are included in this course. CACI cases are ADMINISTRATIVE cases and deal with ADMINISTRATIVE law. What is Child Abuse Central Index (CACI)? No. Therefore, many excellent criminal defense lawyers have excellent negotiating skills. 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. From the date that we submit a request for a CACI Grievance Hearing to the county, the shortest amount of time in which we've seen a case resolved was probably just 3 weeks. We have developed an online course to teach you a way that NO Juvenile judge can say no to. CPS then begins an investigation, which it has 60 days to complete. My course supplies the affidavit template plus all the forms you will need. Have a Notary Public have you swear that everything in your affidavit is true to the best of your knowledge. Which lawyers are best able to handle CACI 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. Your time to act is extremely limited. You only have two options: 1) hire a lawyer to represent you or 2) represent yourself. These include everyone listed above. They needed to defend their good name and reputation based on principle. CACI cases are NOT held in criminal courts, family courts, or dependency courts. When a CPS agency investigates an allegation of abuse, the agency can conclude the investigation by making one of three findings: 1) that the allegation is substantiated, 2) that the allegation is inconclusive, or 3) that the allegation is unfounded. Now. 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. Typically, only crimes involving misdemeanors or level 6/D felonies are eligible (although some counties have exceptions). Notice of Entry of Dismissal and Proof of … If you have a CACI case in California, then yes. However, dependency law has NO APPLICATION to CACI cases, and applying dependency law to CACI cases will often be harmful to your case. 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. 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. They will swear an oath that it was done. Only about 3% of all criminal cases go to trial. Certain reasons for dismissal must be mentioned in the first document you file with the court or they are considered waived forever. Have a friend send them off right away and fill out a form stating the time and method that it was sent. When someone contacts the SCR about a case of suspected abuse or maltreatment, a report is generated and sent to Child Protective Services (CPS). 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. As "one of the people", Only YOU have jurisdiction over your child. I am sure that you can! They arrange to have the court case discharged and give you back your child. Will People Find Out the Exact Reason I'm on the CACI? Child Abuse Central Index FAQ - California Child Abuse Central Index Lawyer Therefore, the skills of a criminal defense lawyer (even a really good one) may not translate well to CACI cases. While both the CACI and criminal records are maintained by the California Department of Justice, they are two separate lists. In criminal cases, that would be the county prosecutor or district attorney. The law requires child welfare agencies to make a CACI report to the CA DOJ whenever they substantiate an allegation of 1) physical abuse, 2) sexual abuse, 3) mental abuse, or 4) severe neglect. Good family lawyers know the Family Code very well. while on the CACI. 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. There is a long list of people and organizations that have access to the CACI. The CACI does not distinguish between the two. You are also allowing the District Attorney to file motions against your motion. Cases are voluntarily dismissed when the prosecuting party chooses to dismiss the case. A substantiated finding is one in which the social worker involved found it to be more likely than not that child abuse was committed. The vast majority of CACI cases proceed to hearing (which is like a trial.). The Heiman Law Firm provides professional family law services in cases such as divorce, child custody, child support, CPS, adoption and more. Our success rate fluctuates over time, as you might expect. 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. What Do the Different Findings (Substantiated, Inconclusive, and Unfounded) of a CPS/CWS Report Mean? They don't. 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. The court will not see it YOUR way and strike your motion. “What Is the Child Abuse Central Index (CACI)?”. A request to dismiss a case for failure to bring to trial is made through a motion. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. For example, the DMV, the FTC, the EPA, state and federal licensing agencies, and countless others, are all involved in administrative law. So if you already know you can't afford to hire a lawyer, then we STRONGLY suggest you take our 4-part video series that will walk you through the exact steps we take when representing our clients. 'General practice' family law attorneys will be unprepared for the quirky procedures of Dependency Courts. You have been tricked into believing that the Public court had jurisdiction over you and your child. 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. You also have a range of rights in such proceedings. Everything you should say in court is supplied in the course. The contact form sends information by non-encrypted email, which is not secure. We take cases all over California. 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. We've been able to help a lot of clients, and really LOVE that final day when, after months of hard work, we learn our clients have been vindicated and their names have been taken off the CACI. If you want to become a coach for your child’s little league team or volunteer in your child’s class or participate as a Sunday school teacher…in all of those situations, being on the CACI could prevent you from becoming involved. What Forms are Required. This method does take some time to fully do it but think about what you will get in return. Only one question matters: What's your reason? Family lawyers may also know the case law (appellate court opinions) related to family law very well. If you are trying to become a foster parent, it could disqualify you from being eligible as a foster parent. The Court Officer, who is a social worker, will start the hearing by “calling the case”. You may feel similarly. The juvenile court "judge" is not even a real judge. If you have an open CPS case take notes on every regulation that’s being violated by your caseworker. Each of these four types of abuse has subcategories, meaning there are different ways in which each type of abuse can be committed. They will wait until the court case is resolved. EVERY CASE IS DIFFERENT, INCLUDING YOURS. ). But none of that really matters. It is important that your CACI lawyer know the criminal law (both statutes and case law) related to child abuse backwards and forward. Our clients have included people in each of these professions. This includes nurses, teachers, coaches, school administrators, prison guards, probation officers, law enforcement officers, military personnel, and the like. 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