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. Will we want to hire expert witnesses to help us with your case? However, they may not know the Penal Code very well. Open your own Private court by having our affidavit of Prove Claims (which is also a contract with who you send it to). Click an "about" or "contact" link to make sure you're on the government site. Most people find this site because one of two things happened: 1) They got a letter in the mail from their local child welfare services agency notifying them that their name was placed on the CACI. No. Nonetheless, the report does not break down the type of abuse into the various subcategories. It just doesn't work! So far, it's worked out. Have a friend send them off right away and fill out a form stating the time and method that it was sent. 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. It is practically impossible for one administrative lawyer to know well all the laws applicable in all the different types of administrative proceedings that exist. Request for Dismissal, form CIV-110. Therefore, many excellent criminal defense lawyers have excellent negotiating skills. Good family lawyers know the Family Code very well. OPEN YOUR OWN PRIVATE COURT AND DEMAND YOUR CHILD BACK WITHIN 72 HOURS. If the court case is resolved in your favor, then you should ask for a Grievance Hearing. Did the minor receive a medical evaluation? What county is your case in? The state only has jurisdiction over you if you have COMMITTED A CRIME and they must protect the other citizens from your criminal ways. Free Consultation - Call (619) 794-2018 - Tot Law is dedicated to helping individuals and families in Family Law and Children's Rights cases. If so, your name will stay on the CACI for the rest of your life (or until you turn 100 years old)…unless you act to get your name taken off the Child Abuse Central Index now. Now you wait 72 hours after they receive the affidavit. 'General practice' family law attorneys will be unprepared for the quirky procedures of Dependency Courts. A diversion is a contract with t… Have a friend send them off right away and fill out a form stating the time and method that it was sent. 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. For example, the DMV, the FTC, the EPA, state and federal licensing agencies, and countless others, are all involved in administrative law. A good administrative lawyer will know procedural rules that apply in administrative hearings, the case law applicable in administrative hearings, and have a great depth of knowledge related to the subject matter of your administrative hearing (in your case: child abuse). In fact, many people on the CACI do not have criminal records. 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. The notary will then sign it that you have taken an oath. 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. All of the templates and instructions are included in this course. An inconclusive finding means the report was not deemed substantiated nor unfounded by the social worker or social worker supervisor. We never make promises about the outcomes of cases. In civil cases, the prosecuting party would be the individual or organization that filed the lawsuit. “What Is the Child Abuse Central Index (CACI)?”. Next, review your court order to see what orders may be violated by the caseworker. And it's what we love. If they do not show up to arbitration, or they cannot give good enough reasons that they went against your contract, then the arbitrator will award what you asked for in your contract to you. They will swear an oath that it was done. Notice of Entry of Dismissal and Proof of … Criminal defense lawyers, family law lawyers or dependency lawyers? The court will not see it YOUR way and strike your motion. We want you to experience that feeling too. 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. The CACI does not distinguish between the two. Most charges, however, are dismissed by prosecutors, not judges. How Many CACI Cases Have You Won?”, “Will I Be Better Off Hiring a Local CACI Lawyer?”, “What If I can’t afford to hire a CACI Lawyer?”, “What Else Can You Tell me About Your Law Firm?”. First, find a private Juvenile Dependency Attorney. Some clients will not be able to continue as a foster parent while on the CACI. You MUST do it in a way where YOU ARE IN FULL CONTROL instead of the judge or the District Attorney. You only have two options: 1) hire a lawyer to represent you or 2) represent yourself. 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. It will teach you how to win your case. Again, you can either hire a lawyer to do it for you or you can do it yourself. What this means is that in order to get your name off the CACI, you need to convince the child protective services agency to change the finding of the allegations from substantiated to either inconclusive or unfounded. 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. “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? 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. I'm sure that it does. Now. Most motions are in writing. You need to ask for a Grievance Hearing using the form provided in the envelope. We have developed an online course to teach you a way that NO Juvenile judge can say no to. 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. His children are grown now so he has much less to worry about. Proven methods of getting your children back from CPS. The ones you really care about include: Any of the above organizations from other states. 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. Only investigations that result in substantiated findings result in the alleged abuser being placed on the CACI. It’s best to act now. Do you have a particular reason to delay your hearing? The vast majority of CACI cases proceed to hearing (which is like a trial.). “ With prejudice ” … You are also allowing the District Attorney to file motions against your motion. 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. Typically, only crimes involving misdemeanors or level 6/D felonies are eligible (although some counties have exceptions). A change of the finding from substantiated to either inconclusive or unfounded will require the child welfare services agency to have your name removed from the Child Abuse Central Index. They do not want to dismiss just because you begged them to. There are two forms that must be filed to dismiss a case. What is Child Abuse Central Index (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 … Sometimes, when a dependency case is dismissed, a judge makes a custody order, also called an “exit order.” The judge may decide it is not necessary to make an exit order, but if you did get one it goes into your family law court file. This will not work in CACI cases. If you are looking for a job as a teacher, it could result in losing that opportunity because employers will simply not hire you. If you have an open CPS case take notes on every regulation that’s being violated by your caseworker. It depends. If you ever want to adopt a child, you lose that opportunity. You may have to write or email the CPS and request copies of the records the agency has regarding you and your children. They don't. CACI cases involve criminal law, not family law. That should bring up the right website. How to get a CPS case dismissed in California by the judge at the jurisdictional hearing - Quora California has a comprehensive set of laws on CPS cases that have become subject of a petition filed with the court. Judges can dismiss a case either on their own motion or on the motion of the defendant. If you do this in CACI cases, you will lose. The Child Protective Services is the major system of intervention of child abuse and neglect in California. I am sure that you can! Sometimes requests can be made by going to the social services offices in person, though you should check before you go. Our success rate fluctuates over time, as you might expect. You have been tricked into believing that the Public court had jurisdiction over you and your child. In fact – BE QUIET! How to Get a CPS Record Expunged. (According to the law.) There is a long list of people and organizations that have access to the CACI. We estimate most cases are resolved somewhere around 9 months to 12 months. EVERY CASE IS DIFFERENT, INCLUDING YOURS. We have been sought out for consulting, presenting, and educating on CACI issues by many organizations, lawyers, and law-makers throughout California. Some clients will not be able to get a job in their chosen profession while on the CACI. The law requires child welfare agencies to make a CACI report to the CA DOJ whenever they substantiate an allegation of 1) physical abuse, 2) sexual abuse, 3) mental abuse, or 4) severe neglect. Child Abuse Central Index FAQ - California Child Abuse Central Index Lawyer Have your friend have that form Notarized. Legal defense strategies. (Some counties take MUCH longer to make a decision than others. This method does take some time to fully do it but think about what you will get in return. 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. At the end of the investigation, CPS determines whether the … 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. 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. The vast majority of criminal cases settle after negotiation between the defense lawyer, prosecutor, and judge. So if you already know you can't afford to hire a lawyer, then we STRONGLY suggest you take our 4-part video series that will walk you through the exact steps we take when representing our clients. 2) They were notified by another organization (such as a potential employer or a licensing agency) that their name is on the CACI. The Heiman Law Firm provides professional family law services in cases such as divorce, child custody, child support, CPS, adoption and more. Learn more about Grievance Hearings in the following California counties: Alameda County, Contra Costa County, El Dorado County, Imperial County, Los Angeles County, Orange County, Placer County, Riverside County, Sacramento County, San Bernardino County, San Diego County, San Joaquin County, San Mateo County, Santa Clara County, Stanislaus County, Ventura County. If your name was placed on the CACI as a minor, your name will be removed from the CACI 10 years from the date of the incident resulting in the CACI listing AS LONG AS you don’t have your name placed on the CACI again for some other reason, in which case your name could stay on the Child Abuse Central Index for the rest of your life (or until you turn 100 years old). They will wait until the court case is resolved. Some clients will not be able to adopt a child while on the CACI. I have represented clients in each of the situations described above. Are Unfounded or Inconclusive Reports Reported to CACI? However, your attorney should put the worker on … 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. Our clients have included people in each of these professions. Some clients simply do not want to be on the CACI, as a matter of principle, because they are not child abusers and do not want nor deserve the stigma attached their name for the rest of their lives. Was the minor interviewed by a professional forensic interviewer? No. We would love for you to experience the same result. 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. Free Consultation - Call (619) 792-1451 - Lounsbery Law Office, PC is dedicated to providing our clients with a range of legal services in Child Abuse Central Index removal. The juvenile court "judge" is not even a real judge. 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