The regulations in this article are enacted pursuant to Penal Code sections 11169 and 11170 and set forth the procedures used by the California Department of Justice (DOJ) to administer the Child Abuse Central Index (CACI). The CACI is created pursuant to the Child Abuse and Neglect Reporting Act (CANRA). (Penal Code section 11164 et seq.)
CANRA requires that instances of suspected child abuse or neglect be investigated by county welfare departments or local law enforcement agencies. When an agency conducting an abuse or neglect investigation determines that the allegations of abuse or severe neglect are not unfounded as defined by CANRA, the agency must submit, a report in writing to the DOJ indicating whether the agency's finding is inconclusive or substantiated as these terms are defined by CANRA (Penal Code section 11169(a)). The DOJ is required to prepare a form to be used by the investigating agency to report its finding to the DOJ that allegations of child abuse or severe neglect are not unfounded. The CACI contains the information submitted to the DOJ by the investigating agencies on the Child Abuse or Severe Neglect Indexing Form (BCIA 8583).
The submitting investigating agencies are solely responsible for the accuracy and completeness of the information required on the BCIA 8583. The DOJ is responsible for ensuring that the CACI accurately reflects the information the DOJ receives on the reporting form from the submitting agency. The information in CACI is confidential and shall only be provided to entities authorized to receive it pursuant to Penal Code sections 11167.5, 11170 and 11170.5 or any other provision of law.
These regulations broadly describe how CACI information is collected and disseminated, and include the BCIA 8583 that the investigating county welfare departments and local law enforcement agencies must use to report its finding of substantiated or inconclusive child abuse or severe neglect.
Cal. Code Regs. Tit. 11, § 900
2. Amendment of section and NOTE filed 4-22-2002; operative 5-22-2002 (Register 2002, No. 17).
3. Amendment filed 5-12-2006; operative 6-11-2006 (Register 2006, No. 19).
4. Amendment of article heading, repealer of article 1 (sections 900-911) and new article 1 (sections 900-906), repealer and new section and amendment of NOTE filed 1-5-2010; operative 1-5-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 2).
Note: Authority cited: Section 11170(a)(1), Penal Code. Reference: Section 11170(a)(1), Penal Code.
2. Amendment of section and Note filed 4-22-2002; operative 5-22-2002 (Register 2002, No. 17).
3. Amendment filed 5-12-2006; operative 6-11-2006 (Register 2006, No. 19).
4. Amendment of article heading, repealer of article 1 (sections 900-911) and new article 1 (sections 900-906), repealer and new section and amendment of Note filed 1-5-2010; operative 1-5-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 2).