Report 2021-112 Recommendation 8 Responses

Report 2021-112: The Child Abuse Central Index: The Unreliability of This Database Puts Children at Risk and May Violate Individuals' Rights (Release Date: May 2022)

Recommendation #8 To: Justice, Department of

To ensure that authorized users have accurate and complete information, by July 2022 DOJ should send revised letters for the suspects whose reports of child abuse were omitted from CACI and for individuals inappropriately included in CACI. To ensure that it is able to revise expedited letters if they are later determined to be incorrect, DOJ should immediately begin maintaining a history of all responses to expedited background checks.

1-Year Agency Response

DOJ and DSS worked collaboratively on the list of 224 No Match responses previously disseminated to the applicant agencies. Of the list of 224, it was determined that only 218 were on the list. Out of these 218, (8) possible matches were identified, while the remaining (210) cases were No Matches and the No Match responses previously sent to the applicant agencies are valid. For the 8 possible matches, letters were sent to the applicant agencies, and the CACI database was updated. This list was completed on January 30, 2023.

The Department has concluded that agencies requesting an expedited CACI background check have no statutory right to receive updates to an expedited notice letter based on subsequent CACI reports relating to an individual. This is because expedited responses are only provided in short-term limited emergency situations for the temporary placement of a child in the home of a relative or other person, who are not currently licensed or certified. (See e.g., Pen. Code, section 11170, subd. (b)(11)(B) and (c)(2); Welf. & Inst. Code, section section 309, subd. (d)(1), 361.4, subd. (b), and 361.45.). However, by statute, a fingerprint clearance check, including a CACI response, is required to be completed within 10 calendar days following the emergency check, or five days of making the emergency placement, whichever occurs first. (See Welf. & Inst. Code, section section 361.4, subd. (c); 16519.5, subd. (d)(2)(A).) Since the responses for temporary emergency placements are eventually supplemented with a fingerprint clearance check days later, the agencies would receive any subsequent CACI reports relating to an individual as a result of the fingerprint clearance check.

California State Auditor's Assessment of 1-Year Status: Pending

DOJ did not provide sufficient documentation to substantiate that it fully implemented this recommendation.

6-Month Agency Response

DSS and DOJ recently drafted a data exchange agreement, requested before DSS could receive the list of 224 reports of research related to child abuse. As a result, these reports may have been omitted from CACI, and a CACI background check response sent instead. DOJ received the data exchange agreement from DSS on October 26, 2022, and DOJ is currently coordinating with DSS, the delivery of the list of 224 reports for the counties to research.

Regarding the list of 298 individuals, in August 2022, DOJ sent 298 letters to the agencies, requesting they submit updated BCIA 8583 forms. To date, the DOJ has received 10 responses from agencies. In October 2022, the DOJ, again, contacted the agencies, requesting the updated BCIA 8583 form or an update on the status of the case. Until DOJ receives the updated BCIA 8583 forms from the agencies, DOJ cannot remove individuals from CACI or provide any necessary updated child abuse background check responses. No further action is required for DOJ.

California State Auditor's Assessment of 6-Month Status: Pending

Per DOJ's response, it has not implemented this recommendation.

60-Day Agency Response

This recommendation is not fully implemented as the DOJ must depend on DSS and the counties submitting complete BCIA 8583 forms before it can send any necessary updated letters. Although DOJ requested that DSS provide it with the list of 27,000 substantiated child abuse reports not in CACI, DSS maintains that California law prohibits it from sharing the information with DOJ. Without access to the DSS and county data, DOJ cannot identify what counties may have the 224 reports of child abuse that may have been omitted from CACI, and where a CACI background check response was issued based on the absence of these reports. So that these reports could be prioritized for reconciliation and any necessary updated letters sent, DOJ asked for DSS's assistance. DOJ is awaiting DSS's response. However, regarding the 298 individuals that did not have supporting reports at the county, DOJ started requesting that the counties submit BCIA 8583 forms with amended report information for these individuals. DOJ anticipates completing its notification to the counties regarding the 298 individuals in August 2022. DOJ will enter all completed BCIA 8583 forms that it receives from the counties and send any necessary updated letters.

California State Auditor's Assessment of 60-Day Status: Pending

Per DOJ's response, it has not implemented this recommendation.

All Recommendations in 2021-112

Agency responses received are posted verbatim.