How Do I Win My Child Abuse Central Index (CACI) Grievance Hearing?

While each County in California may have slightly different procedures and protocol in place for the Child Abuse Central Index (also known as CACI) Grievance Hearings, for the most part they all follow the same basic rules of evidence and afford everyone the same rights and privileges.

The Grievance Hearing does not take place in a court house.  Instead, it takes place in a county government office building.  The hearings are typically held in a small room with a few tables and chairs.  The person who acts as the judge in the hearing is really not a judge at all--it is a Hearing Officer who is also a government employee.  This Hearing Officer is, essentially, the judge, prosecutor and jury at the same time.  The Hearing Officer makes basically all the rulings and will usually be the one who decides the outcome of your hearing.

There will be another government employee at the hearing who will present all of the government's evidence against you.  The evidence will consist primarily of paperwork, photos, and sometimes witnesses.  The witness who most commonly testifies at the CACI Grievance Hearings is the social worker who investigated the case.

The others in attendance at the hearing are you and your lawyer.  Witnesses are generally not permitted to be present inside the hearing room the entire time.  Witnesses are asked to wait in a lobby until the time of their testimony.

Each hearing is audio recorded so that a transcript can be made of the hearing in case of an appeal or writ. 

After the government presents their evidence, you will have the opportunity to present your case and defend yourself. Generally speaking, you may present evidence that demonstrates your character and your parenting habits. You might present facts to the Hearing Officer to show that you are a good and careful parent, nonviolent, provide for your child's needs, patient, not easily overwhelmed, etc. The facts that you need to help you defend your case will greatly depend on the facts of your particular situation.

You may also present evidence that directly refutes the evidence presented by the government. For example, if they say a child was crying, you might have evidence that the child was in fact not crying. If they say a child heard you argue with your spouse, you might present evidence that your child in fact did not hear you argue with your spouse. If they say that you hit your child and left a cut on your child's body, you might present evidence that you either did not hit your child, or that you hit your child but that you did not leave a cut on your child's body.

Some hearing officers are very interested in learning about how you and your family might be negatively affected if your name is placed on the CACI.  For example, if being placed on the CACI means you might lose your job, you should present that evidence.  If your inclusion on the CACI means you cannot participate in your child's school or other activities, the hearing officer should know that as well.

You will have to decide what is the most effective and convincing form of evidence. You might present character letters from friends, family members, therapists, clergy, neighbors, day care providers, and other witnesses. Or instead of having your supporters write letters for you, you might have your supporters actually come to the hearing to testify on your behalf.

You may also choose to have the social worker who investigated you testify at the hearing. This will give you the opportunity to cross examine the social worker. Cross examination is often times helpful to fish out misinterpretations, discrepancies, biases, motives, mistakes in the investigations, insufficient evidence for certain conclusions, irrational or illogical actions taken by the social worker, inadequate investigation, etc.

Lastly, many hearing officers will ask you questions.  You need to determine before the hearing whether you plan to testify and what you will say in your testimony.  Even if you decide not to testify, the Hearing Officer might want to ask you questions.  You need to be prepared and know how you will respond in such a situation.

After all the evidence has been presented, you will have the opportunity to argue why your name should be put on the CACI. The best argument includes facts and law. The goal is to convince the hearing officer that both the facts and the law favor you. The closing argument is your chance to bring your entire case together. After the closing argument, the hearing is concluded.  Many hearings take about an hour from beginning to end, assuming only 2 or 3 witnesses testify.

The best way to maximize your chances of winning your Child Abuse Central Index Grievance Hearing is by having a lawyer by your side every step of the way.  Look for an experienced CACI Grievance Hearing attorney nearby to help you achieve your goals.