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STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES

GRIEVANCE PROCEDURES FOR CHALLENGING

REFERENCE TO THE CHILD ABUSE CENTRAL INDEX

The county, complainant, and his/her representatives, if any, shall be permitted to examine all records and relevant evidence that is not

otherwise made confidential by law, which the opposing party intends to introduce at the grievance hearing.

The county and the complainant shall make available for inspection all records and evidence related to the original referral that

prompted the CACI listing, except for information that is otherwise made confidential by law, at least ten (10) business days prior to the

hearing.

The county shall redact such names and personal identifiers from the records and other evidence as required by law and to protect the

identity, health, and safety of those mandated reporters of suspected child abuse and/or severe neglect pursuant to Penal Code section

11167. The county may further redact information regarding the mandated reporter’s observations of the evidence indicating child

abuse and/or severe neglect.

The county shall release disclosable information to the complainant’s attorney or representative only if the complainant has provided the

county with a signed consent to do so.

Witness lists shall be available for exchange in advance of the hearing. The county and the complainant shall provide a list of

witnesses they intend to call at the grievance hearing at least ten (10) business days prior to the grievance hearing.

Failure to disclose evidence or witness lists in advance of the grievance hearing can constitute grounds for objecting to consideration of

the evidence or allowing testimony of a witness during the hearing.

Each party and their attorney or representative, and witnesses while testifying, shall be the only persons authorized to be

present during the grievance hearing unless all parties and the grievance review officer consent to the presence of other persons.

The information disclosed at the grievance hearing may not be used for any other purpose. No information presented at the grievance

hearing shall be disclosed to any person other than those directly involved in the matter, unless otherwise required by law. Any records

and other evidence disclosed by the county to the complainant or the complainant’s representative shall be returned to the county at

the conclusion of the hearing.

All testminony shall be given under oath or affirmation.

The grievance review officer has no subpoena power. However, the parties may call witnesses to the hearing and question the

witnesses called by the other party. The grievance review officer may limit the questioning of the witness to protect the witness from

unwarranted embarrassment, oppression, or harassment.

The grievance review officer may prevent the presence and/or examination of a child at the grievance hearing for good cause, including

but not limited to, protecting the child from trauma or to protect his/her health, safety, and/or well-being.

The grievance review officer may permit the testimony and/or presence of a child only if the child’s participation in the grievance

hearing is voluntary and the child is capable of providing voluntary consent.

The grievance review officer may interview the child outside the presence of county staff, complainant, and/or any other party in order to

determine whether the participation of the child is voluntary or whether good cause exists for preventing the child from being present

or testifying at the grievance hearing.

The county employee(s) who conducted the investigation that is the subject of the grievance hearing shall be present at the hearing if

that person is employed by the county and is available to participate in the grievance hearing. A conflict in work assignments shall not

render the county employee who conducted the investigation unavailable to participate in the hearing.

The county shall first present its evidence supporting its action or findings that are the subject of the grievance. The complainant will

then provide evidence supporting his/her claim that the county’s decision should be withdrawn or changed. The county shall then be

allowed to present rebuttal evidence in further support of its finding. Thereafter, the grievance review officer may, at his/her discretion,

allow the parties to submit any additional evidence as may be warranted to fully evaluate the matter under review.

The grievance review officer shall have the authority to continue to review for a period not to exceed ten (10) calendar days if

additional evidence or witnesses are necessary to make a determination on the issue.

10. The county shall have the proceedings of the grievance hearing audio recorded as part of the official administrative record. The

county shall possess and maintain the administrative record of the grievance hearing.

The complainant or the complainant’s attorney and/or representative shall be entitled to inspect the recording and any transcripts

made thereof; however, the county shall keep possession of the recording and transcript and its contents will remain under seal.

Where the complainant seeks to inspect the transcript, the costs for transcribing a recording of the hearing shall be assessed

to the complainant.

The county shall lodge the administrative record with the court if any party seeks judicial review of the final decision of the county

director.

11. Grievance hearing decisions shall be rendered as follows:

The grievance review officer shall make a determination based upon the evidence presented at the grievance hearing, whether the

allegation of child abuse and/or severe neglect is unfounded, inconclusive, or substantiated as defined by the Penal Code section

11165.12.

The grievance review officer shall render a written recommended decision within thirty (30) calendar days of the completion of the

grievance hearing. The decision shall contain a summary statement of facts, the issues involved, findings, and the basis for the

decision. The county director shall issue a final written decision adopting, rejecting, or modifying the recommended decision within ten

(10) business days after the recommended decision is rendered. The final written decision shall explain why a recommended decision

was rejected or modified by the county director.

A copy of the recommended and final decision shall be sent to the following:

i. The complainant that requested the grievance hearing;

ii. The complainant’s attorney or representative, if any; and

iii. The California Department of Social Services.

If the complainant chooses to challenge the final decision of the county director, the evidence and information disclosed at the

grievance hearing may be part of an administrative record for a writ of mandate and kept confidential.

The administrative record shall be kept confidential, including if any of the parties request that it be filed with the court under seal.

The grievance hearing administrative record shall be retained for a length of time consistent with current law, regulations, or judicial order

which governs the retention of the underlying record, but not less than one year from the decision date in any circumstance, and shall

include all records accepted as evidence at the hearing.

SOC 833 (3/12)

PAGE 2 OF 2

Instructions For Form Soc 833 - Challenging Reference To The Child Abuse Central Index Page 2

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