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. 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. CACI cases are ADMINISTRATIVE cases and deal with ADMINISTRATIVE law. You will be better off hiring a lawyer who is extremely knowledgeable about the Child Abuse Central Index Grievance Hearing laws and procedures. Our success rate fluctuates over time, as you might expect. It’s best to act now. (Supplied in course), After that you take your contract that they have defaulted on to ARBITRATION at https://onlinecontractarbitration.com. In fact, many people on the CACI do not have criminal records. 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. You only have two options: 1) hire a lawyer to represent you or 2) represent yourself. Have your friend have that form Notarized. Say as little as possible. With few exceptions (such as in family law cases), there is no Judicial Council form for making a motion. Did the minor receive a medical evaluation? Different states have varying rules, so start by visiting the website of the Child Protective Services division for your state. Investigations that result in inconclusive or unfounded findings do not result in a CACI listing. 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. Cases are voluntarily dismissed when the prosecuting party chooses to dismiss the case. This method does take some time to fully do it but think about what you will get in return. 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. You send them a Notice Of Default on your contract. Notice of Entry of Dismissal and Proof of … 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. Open your own Private court by having our affidavit of Prove Claims (which is also a contract with who you send it to). However, if the worker did not admit that ALL of the allegations are false, then the Court will probably not dismiss. Our particular areas of legal knowledge are the child abuse laws and the child abuse reporting laws. There is a long list of people and organizations that have access to the CACI. Each of these four types of abuse has subcategories, meaning there are different ways in which each type of abuse can be committed. 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. Most charges, however, are dismissed by prosecutors, not judges. This is called “dual status.” For dual status cases, the Juvenile Justice case takes place first, and the Dependency case is put on hold (suspended). You may feel similarly. In criminal law it is ALWAYS strongly suggested that … They are only an administrator or clerk for the CPS agency. If that’s you, then yes, your name is already on the CACI as you read this. An inconclusive finding means the report was not deemed substantiated nor unfounded by the social worker or social worker supervisor. We have been sought out for consulting, presenting, and educating on CACI issues by many organizations, lawyers, and law-makers throughout California. We have been proudly serving clients, primarily in Denton County, for over 25 years. Now you wait 72 hours after they receive the affidavit. Some clients will not be able to continue as a foster parent while on the CACI. CACI cases are all we do. To get the case record of the investigation against you, you'll have to contact CPS. 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. BUT THAT DOES NOT MEAN WE WILL/WOULD/COULD WIN YOUR CASE. 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. If you are trying to become a foster parent, it could disqualify you from being eligible as a foster parent. 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. You MUST do it in a way where YOU ARE IN FULL CONTROL instead of the judge or the District Attorney. The government will not appoint a lawyer (such as a public defender) to represent you. When you hire us, you hire a law firm that knows the child abuse laws inside and out. They don't. 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. CACI cases are NOT held in criminal courts, family courts, or dependency courts. That county agency then sent a notice to the Department of Justice to have your name placed on the CACI. Your name could have gotten on the CACI in one of two ways. NOTE: The letter probably says you have 30 days FROM THE DATE OF THE LETTER, NOT THE DATE YOU RECEIVED THE LETTER. 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 you try to get your kids back with a regular motion to the court, you will LOOSE. 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. We have developed an online course to teach you a way that NO Juvenile judge can say no to. Your time to act is extremely limited. Anyone who finds out you are on the CACI will just know you are on the CACI. If you have a CACI case in California, then yes. Dependency law comes from the Welfare & Institutions Code, not the Penal Code. There are two forms that must be filed to dismiss a case. Certain reasons for dismissal must be mentioned in the first document you file with the court or they are considered waived forever. If you have an open CPS case take notes on every regulation that’s being violated by your caseworker. It will teach you how to win your case. Are you going through a child custody dispute in family court? 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. What is Child Abuse Central Index (CACI)? 2) They were notified by another organization (such as a potential employer or a licensing agency) that their name is on the CACI. If you don’t already have a file in … OPEN YOUR OWN PRIVATE COURT AND DEMAND YOUR CHILD BACK WITHIN 72 HOURS. Next, review your court order to see what orders may be violated by the caseworker. Which lawyers are best able to handle CACI cases? Being on the CACI does not mean you have a criminal record. However, your attorney should put the worker on … The state only has jurisdiction over you if you have COMMITTED A CRIME and they must protect the other citizens from your criminal ways. In criminal cases, that would be the county prosecutor or district attorney. EVERY CASE IS DIFFERENT, INCLUDING YOURS. If the court case is resolved in your favor, then you should ask for a Grievance Hearing. All of the templates and instructions are included in this course. If you have any questions about this, we strongly encourage you to watch our 4-part video series about how to win your Grievance Hearing, which reveals your chances of winning a hearing without having a lawyer who is experienced with the unique legal issues in these types of cases. If you do this in CACI cases, you will lose. Only about 3% of all criminal cases go to trial. CACI cases are not negotiated. When someone contacts the SCR about a case of suspected abuse or maltreatment, a report is generated and sent to Child Protective Services (CPS). What Do the Different Findings (Substantiated, Inconclusive, and Unfounded) of a CPS/CWS Report Mean? We never make promises about the outcomes of cases. There are administrative laws related to: driver’s licenses, professional licenses, consumer protection, and a very long list of other topics. Therefore, many excellent criminal defense lawyers have excellent negotiating skills. No. 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. 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 must do it in a manner that they cannot control or stop. 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? The Child Protective Services is the major system of intervention of child abuse and neglect in California. Have a friend send them off right away and fill out a form stating the time and method that it was sent. 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. 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. CACI & Employment at a Daycare or Preschool, The Law Behind CA CACI Grievance Hearings. 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. 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 … How to Get a CPS Record Expunged. The juvenile court "judge" is not even a real judge. The contact form sends information by non-encrypted email, which is not secure. ). Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. Judges can dismiss a case either on their own motion or on the motion of the defendant. An unfounded finding means the social worker found the child abuse allegation to not be true or to involve an accidental injury. Fight DCFS and … 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. You also have a range of rights in such proceedings. Request for Dismissal, form CIV-110. We would love for you to experience the same result. 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. This method does take some time to fully do it in their court you losing your job are. 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