1145 N California St 1st Floor
Stockton, CA 95202
Office: (209) 546-7411
Fax: (209) 546-7412
ADMINSTRATIVE HEARINGS AND CACI HEARINGS
First, Do You Believe You Need a CACI Attorney in California?
A single child abuse allegation in California, even if it is not true, can change your life completely.
Without even an opportunity to explain why the allegation is not true, you could be placed on the
Department of Justice Child Abuse Central Index for the remainder of your life (the next 100 years).
Without a hearing of any kind your reputation can be can be forever tarnished. It can affect your
ability to get certain employment, get custody of children, and get certain license. Do you need an
attorney? The answer most certainly is YES! A skilled CACI attorney may be able to get your
name removed from the list and get your life and reputation back.
What is an Administrative Hearing?
An administrative hearing is like going to court, but does not involve the Superior court. These hearings
are normally related to a state or county agency and are conducted before a “hearing officer” or
“administrative law judge.”
I represent persons who are involved in an adverse “administrative finding” by a state agency. For
example, sometimes people are accused of doing something, and although the matter is never brought
to court, they are reported to some administrative agency. An example of this would be the Child Abuse
Central Index. If Child Protective Services or the police receives and investigates a complaint and finds
that complaint to be true, then they may be required to report the person suspected of the child abuse
to the Department of Justice to be placed on a list of child abusers. This is based solely on the agency’s
determination that the allegation was true. It often happens without a hearing of any kind and sometimes the person accused is not even interviewed or given an opportunity to explain why the allegation may be false. Another example of an administrative hearing would be a person who applies for services thru a state or county agency, such as a regional center, and the regional center does not believe the person is eligible to receive those services. These are examples of people who would be entitled to an administrative hearing.
What steps do I need to take to get my name off the Child Abuse Central Index?
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. NOTE: The letter probably says you have 30 days FROM THE DATE OF THE LETTER, NOT THE DATE YOU RECEIVED THE LETTER. I emphasize this because it is not uncommon for people to receive the letter a couple weeks after the letter was written. So, what steps do you need to take? You need to ask for a Grievance Hearing using the form provided in the envelope. You can either hire a lawyer to do that for you or you can do it yourself. Either way, that should be your first priority, before time runs out. If you miss that deadline, you’re out of luck–you won’t have another chance to get your name off the CACI. 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. Again, you can either hire a lawyer to do it for you or you can do it yourself.
Is there anything that would prevent me from getting started right now?
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. They will wait until the court case is resolved. 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. You’ll be out of luck. If the court case is resolved in your favor, then you should ask for a Grievance Hearing. 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? My recommendation is you send in your request for a Grievance Hearing now, just in case the court case is resolved in your favor. You don’t want the county agency coming back to you and saying, “Sorry, you had the chance to ask for a hearing 6 months ago and you didn’t do it, so even though your criminal charges were dismissed, we’re not going to give you a Grievance Hearing.” If you ask for a Grievance Hearing now, there will be a record of it later.
What Should I Do if I Receive a CACI Notice?
The Law Office Of Gabrielle Tetreault is here to assist clients avoid the stress and possible consequences, whenever possible, incurred from these actions.The only way to have your name removed from California’s child abuse and neglect central registry is to request a Grievance Hearing and fight it. It is crucial that an attorney represent you at the Hearing to protect and preserve your rights.
AFTER YOU RECEIVE THE NOTICE REGARDING A SUBSTANTIATED FACTS, THERE ARE TIME LIMITS IN REQUESTING A GRIEVANCE HEARING, DO NOT WAIT TO CONTACT A LAWYER. If you would like our help. Call us today 209-546-7411.
From your initial consultation through the final resolution of your case, we will handle all important tasks including research for and preparation of any necessary legal pleadings as well as evaluation of the evidence. Your case will not be handed off to an assistant or associate, but will be managed directly by an attorney. This allows us to handle your case in an efficient and cost-effective manner. When you are charged with a crime, you need a powerful defense. Let us take immediate action in your case to protect your rights, to challenge the evidence presented against you, and to fight to reduce the penalties in your case. Contact us today to schedule an appointment. 209-546-7411