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CALIFORNIA DEPARTMENT OF SOCIAL SERVICES

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

GRIEVANCE PROCEDURES FOR CHALLENGING

REFERENCE TO THE CHILD ABUSE CENTRAL INDEX

Within five (5) business days of submitting an individual’s name to the Department of Justice (DOJ) for listing on the Child Abuse Central Index

(CACI), the following forms shall be sent to the individual at his/her last known address:

The Notice of Child Abuse Central Index Listing (SOC 832),

Grievance Procedures for Challenging Reference to the Child Abuse Central Index (SOC 833), and

Request for Grievance Hearing (SOC 834).

An individual wishing to challenge his/her listing on the CACI may request a grievance hearing pursuant to the following procedure. This does

not preclude the county from initiating an internal investigation to address or rectify the matter identified in the request for grievance, prior to

the hearing.

The individual wishing to challenge his/her listing on the CACI shall send by U.S. mail, fax, or in person, a completed SOC 834 form or

a written request for grievance hearing, signed by the complainant that includes the referral number, name of county, complete contact

information, a reason for grievance which the individual believes provides a basis for reversal of the county decision, and if represented,

the name and contact information for the representative.

The request must be received by the county within thirty (30) calendar days of the date of notice. Failure to send the completed

SOC 834 form, or written request, within the prescribed timeframe shall constitute a waiver of the right to a grievance hearing.

An individual is deemed aware of the county decision when the county mails the notification to the individual’s last known address or any

other address known by the county where the notice and request for grievance are most likely to be received by the individual.

For individuals to whom no prior notification was mailed regarding his/her submission to the CACI, the individual shall file the completed

SOC 834 form within thirty (30) calendar days of becoming aware that he/she is listed in the CACI and becoming aware of the grievance

process.

When an individual requests, the county shall assist the individual in the completion of the SOC 834 form or written request for

grievance hearing.

The following grievance hearing procedures shall only apply for challenges to county submission for listing individuals on the CACI.

A grievance hearing request shall be denied when a court of competent jurisdiction has determined that the suspected child abuse

and/or severe neglect has occurred, or when the allegation of child abuse and/or severe neglect resulting in the referral to CACI is

pending before the court.

If the information in 3 (a) no longer applies, a complainant (an individual wishing to challenge his/her listing on the CACI) can submit

the completed SOC 834 form, or written request, within thirty (30) calendar days of the conclusion of the judicial matter to request a

grievance hearing.

The grievance hearing shall be scheduled within ten (10) business days and held no later than sixty (60) calendar days from the date the

request for grievance is received by the county, unless otherwise agreed to by the complainant and the county.

Notice of the date, time, and place of the grievance hearing shall be mailed by the county to the complainant at least thirty (30)

calendar days before the grievance hearing is scheduled, unless otherwise agreed to by the complainant and the county.

The complainant may have an attorney or other representative present at the hearing to assist him/her.

Either party may request a continuance of the grievance hearing not to exceed ten (10) business days. Additional continuance or

dismissal of the hearing shall be granted with mutual agreement of all parties involved or for good cause.

The county may resolve a grievance at any point by changing a finding of substantiated child abuse and/or severe neglect to

inconclusive or unfounded and notifying the DOJ of the need to remove the complainant’s name from the CACI.

The grievance review officer conducting the grievance hearing shall be:

A staff or other person not directly involved in the decision, or in the investigation of the action or finding, that is the subject of the

grievance hearing.

Neither a co-worker nor a person directly in the chain of supervision of any of the persons involved in the finding, or in the

investigation of the action or finding, that is the subject of the grievance hearing unless the grievance review officer is the director or

chief deputy director of the county.

A staff or other person who is knowledgeable of the child welfare services field, capable of objectively reviewing case information

pertaining to the grievance, able to conduct a fair and impartial hearing, and available to prepare the proposed decision.

The grievance review officer shall voluntarily disqualify him/herself and withdraw from any proceeding in which he/she cannot give a fair

and impartial hearing or in which he/she has an interest.

A claimant may request at any time prior to the close of the record, that the grievance review officer be disqualified upon the

grounds that a fair and impartial hearing cannot be held or a decision cannot be rendered. Such request shall be ruled upon by the

grievance review officer prior to the close of the record.

If, at the beginning or during the hearing, the grievance review officer upholds a party’s motion for disqualification, the matter

shall be postponed.

If the grievance review officer who heard the case is unavailable to prepare the proposed decision, the county director or his/her designee

shall contact the claimant and the county and notify each party that the case is being assigned to another grievance hearing officer

for preparation of the decision on the record.

The notice shall inform the claimant that he/she may elect to have a new grievance hearing held in the matter, provided that

he/she agrees to waive the ten (10) day or sixty (60) day period.

A grievance review officer shall be considered unavailable within the meaning of this section if he/she: is incapacitated; has

ceased employment as a grievance review officer; or is disqualified under section 5, above.

7. The grievance review hearing shall, to the extent possible, be conducted in a non-adversarial environment.

SOC 833 (3/12)

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Instructions For Form Soc 833 - Challenging Reference To The Child Abuse Central Index

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