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. 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. We take cases all over California. A substantiated finding is one in which the social worker involved found it to be more likely than not that child abuse was committed. This will not work in CACI cases. Anyone who finds out you are on the CACI will just know you are on the CACI. 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. The Court Officer, who is a social worker, will start the hearing by “calling the case”. Do an internet search for "CPS" with the name of the state and city or county. It’s best to act now. 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. Sometimes a minor will have both types of cases at the same time. Click an "about" or "contact" link to make sure you're on the government site. These include everyone listed above. You send them a Notice Of Default on your contract. 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. 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. Typically, only crimes involving misdemeanors or level 6/D felonies are eligible (although some counties have exceptions). If you decide you want to ask to dismiss the case, you need to decide whether you want the court to dismiss it “with prejudice” or “without prejudice." An unfounded finding means the social worker found the child abuse allegation to not be true or to involve an accidental injury. The CACI does not distinguish between the two. The longest is about 3 and a half years. So far, it's worked out. A request to dismiss a case for failure to bring to trial is made through a motion. EVERY CASE IS DIFFERENT, INCLUDING YOURS. Child Abuse Central Index FAQ | California Child Abuse Central Index Lawyer. (According to the law.) CACI cases are all we do. California’s Child Abuse Central Index is a list maintained by the California Department of Justice of known and suspected child abusers. 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. In fact – BE QUIET! 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. It is a stacked deck! They don't. We have been proudly serving clients, primarily in Denton County, for over 25 years. A diversion is a contract with t… Can you keep a simple file? Probably. 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). Fight DCFS and … (Supplied in course), After that you take your contract that they have defaulted on to ARBITRATION at https://onlinecontractarbitration.com. In my opinion, the answer is: none of these. On the other hand, perhaps you don’t ever see yourself falling in any of those scenarios. It will work in, Sign your name on it in front of a notary public. If you have security clearance, I’ve been told that it could affect result in losing that clearance. What Forms are Required. Criminal defense lawyers, family law lawyers or dependency lawyers? The government will not appoint a lawyer (such as a public defender) to represent you. 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. “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? The court will not see it YOUR way and strike your motion. If you ever want to adopt a child, you lose that opportunity. Therefore, the skills of a criminal defense lawyer (even a really good one) may not translate well to CACI cases. 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. If you don’t already have a file in … We want you to experience that feeling too. My course supplies the affidavit template plus all the forms you will need. Our success rate fluctuates over time, as you might expect. 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. The ones you really care about include: Any of the above organizations from other states. How to Get a CPS Record Expunged. The Child Protective Services is the major system of intervention of child abuse and neglect in California. 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 cases are NOT held in criminal courts, family courts, or dependency courts. They are only an administrator or clerk for the CPS agency. BUT THAT DOES NOT MEAN WE WILL/WOULD/COULD WIN YOUR CASE. We estimate most cases are resolved somewhere around 9 months to 12 months. There are a number of factors that will determine how long your case will take: People hire us because they need to get their names off the CACI, but the reasons why they need to get off the CACI vary. This may happen when the social worker doesn't have enough evidence to substantiate an allegation or isn't quite sure what happened. For example, California CPS has jurisdiction over cases where the abuse happened in California. Tammi Stefano of The National Safe Child show interviews California civil rights Attorney Shawn McMillan who talks about how even he was at risk of having his children grabbed by CPS because he was litigating these cases. That should bring up the right website. Good family lawyers know the Family Code very well. 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. 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. A “guilty” finding under the Welfare & Institutions Code is much easier to come to than it is in the Penal Code. California CPS also has jurisdiction if the abuse happened in another state, but the child now lives in California. 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. So, what steps do you need to take? Investigations that result in inconclusive or unfounded findings do not result in a CACI listing. Administrative law deals with laws made by agencies of the executive branch of government. An inconclusive finding means the report was not deemed substantiated nor unfounded by the social worker or social worker supervisor. I'm sure that it does. 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. 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. But none of that really matters. Request for Dismissal, form CIV-110. They will swear an oath that it was done. Therefore, many excellent criminal defense lawyers have excellent negotiating skills. If you miss that deadline, you’re out of luck–you won’t have another chance to get your name off the CACI. 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 … Will People Find Out the Exact Reason I'm on the CACI? You need to ask for a Grievance Hearing using the form provided in the envelope. This almost always involves their client admitting guilt early and expressing sympathy for the victim, and taking responsibility for his or her action. 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 so, was the interview audio or video recorded? We have developed an online course to teach you a way that NO Juvenile judge can say no to. If that’s you, then yes, obviously your name is already on the CACI. Which lawyers are best able to handle CACI cases? CACI cases are NOT criminal cases, family cases, or dependency cases. If you have a current court case pending (either in criminal court or dependency court–dependency court is where the government is trying to take your kids away from you), then the county agency will not give you a Grievance Hearing right now. Notice of Entry of Dismissal and Proof of … There is a long list of people and organizations that have access to the CACI. No. 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). As many courts are currently closed to the public, we are here to help you sort through all the clutter. The notary will then sign it that you have taken an oath. CACI cases involve criminal law, not family law. The contact form sends information by non-encrypted email, which is not secure. My recommendation is you send in your request for a Grievance Hearing now, just in case the court case is resolved in your favor. Most motions are in writing. In criminal cases, that would be the county prosecutor or district attorney. Next, review your court order to see what orders may be violated by the caseworker. The District Court judge will make it from a private matter into a PUBLIC matter and ORDER the agency and the court to fulfill the contract. Court rules only provide certain reasons that you, as a defendant, can request the court dismiss the case without having a trial on the merits. In fact, many people on the CACI do not have criminal records. Open your own Private court by having our affidavit of Prove Claims (which is also a contract with who you send it to). A motion is a request made in a case asking the court to issue an order of some sort. However, dependency law has NO APPLICATION to CACI cases, and applying dependency law to CACI cases will often be harmful to your case. That will ensure you have the best opportunity to achieve a successful outcome in your case. We have had clients hire us for ALL of the above reasons. Judges can dismiss a case either on their own motion or on the motion of the defendant. 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. You are BEGGING the court to see it your way. However, they may not know the Penal Code very well. You must do it in a manner that they cannot control or stop. They felt it was an injustice for them to be on the list and, as a matter of principle, they wanted off. Each of these four types of abuse has subcategories, meaning there are different ways in which each type of abuse can be committed. Your time to act is extremely limited. The vast majority of CACI cases proceed to hearing (which is like a trial.). In criminal law it is ALWAYS strongly suggested that … If you find discrepancies you can file for a state administrative hearing. You MUST do it in a way where YOU ARE IN FULL CONTROL instead of the judge or the District Attorney. That's it. Legal defense strategies. Have a friend send them off right away and fill out a form stating the time and method that it was sent. 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. And it's what we love. They typically are not very well-versed in the case law relating to criminal law. It will work in EVERY state in the United States. while on the CACI. In civil cases, the prosecuting party would be the individual or organization that filed the lawsuit. You have been tricked into believing that the Public court had jurisdiction over you and your child. This includes nurses, teachers, coaches, school administrators, prison guards, probation officers, law enforcement officers, military personnel, and the like. 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. 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. They arrange to have the court case discharged and give you back your child. Child Abuse Central Index FAQ - California Child Abuse Central Index Lawyer 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. Proven methods of getting your children back from CPS. ). They will wait until the court case is resolved. There are two forms that must be filed to dismiss a case. (Supplied in course), Plus you send out a Certificate of Non-response and judgement. Was the minor interviewed by a professional forensic interviewer? 10 Ways to Beat CPS - How to Beat Los Angeles DCFS, Child Protective Services in other counties and states. My course supplies the affidavit template plus all the forms you will need. Do you have a particular reason to have your hearing sooner rather than later? You may feel similarly. No. CACI cases are ADMINISTRATIVE cases and deal with ADMINISTRATIVE law. 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. They are both effectively the same thing and end in the same result, the only difference is the vehicle in which they arrive at that result. Likely than not that child abuse Central Index lawyer How to fight CPS and win in the United states fight! Child now lives in California to write or email the CPS and request of. 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