AB 717 Will Affect Child Abuse Central Index Cases in Los Angeles County and throughout the state of California
Child abuse central index cases in Los Angeles County can be difficult to navigate and most often you will need a Child Abuse Central Index Lawyer to help you weave your way through the case. However, there is pending legislation that will help all of those who have been suspected of child abuse in the past and who may or may not already be in the child abuse central index.
Currently, following the conclusion of an investigation into alleged child abuse, the prosecution may or may not file criminal charges against you. If there was an investigation and the prosecution decided not to file, the social workers assigned or the police department who investigated may forward your information to the California Department of Justice so that your name would be included in the child abuse central index. This could greatly affect your future employment and even your ability to gain custody of your children. The referring agency might conclude the report as being unfounded, inconclusive, or substantiated. Unfounded means that the report was made falsely, an incident is inherently improbable, the injury occurred by accident, or the incident did not meet the standards for abuse. Inconclusive means that the report concluded as being not unfounded but that there is not enough credible evidence to meet the standard of more likely than not. Substantiated finding occurs when more likely than not, or by a preponderance of evidence, the alleged child abuse did occur.
However, you do have the ability to fight your listing on the child abuse central index. The referring agency is required to send you notice that you will be listed on the child abuse central index. At that point, you can request a Grievance Hearing to contest the allegations of child abuse against you and you can hire a CACI Attorney to represent you at that hearing.
AB 717 (Ammiano), that was unanimously voted in favor of by the California State Assembly on September 7, 2011, would exclude from the child abuse central index all of those cases in which the referring agency concluded the investigation as inconclusive. This legislation would greatly help those who were added to the list, or who have pending cases in which their name may be added to the list, ensure that they would not be listed on the child abuse central index unless the conclusion specifically stated that the alleged incident was “substantiated”. The Governor of California has yet to sign the bill but upon his signature, this new legislation would take effect.
It’s important to contact a competent Los Angeles County Child Abuse Central Index lawyer who can help you determine your rights and what you can do to fight to keep your name off of the child abuse central index (CACI). Michael S. Carrillo has handled multiple CACI cases in Los Angeles County and can give you the proper advice on your case. Contact him today at (626) 799-9379 for a free consultation.