More California Child Abuse Central Index Laws (CACI) information
Child Abuse Central Index : Definitions
Your name shall be placed on CACI if an investigator determines that there is “substantiated” reason or “inconclusive” reasons that you were involved in the abuse of neglect of a child.
Child Abuse
Under California Penal Code Section 11165.6, child abuse is defined as any physical injury, death inflicted by means other than an accident, any type of sexual abuse, willful harming or injuring of a child, endangering of the person or health of a child, unlawful corporal punishment or injury.
Neglect
Under California Penal Code Section 11135.2, neglect is the negligent treatment or the maltreatment of a child by a person responsible for the child’s welfare. This includes acts and omissions on the part of the responsible person.
There are different types of neglect, severe neglect and general neglect.
“Severe neglect” is the negligent failure of a person responsible for the child’s welfare to protect the child from severer malnutrition. It also means those situations of neglect where any person responsible for the child’s welfare willfully causes or permits the person or health of the child to be placed in a situation such that the child is endangered. This includes intentional failure to provide adequate food, clothing, shelter, or medical care.
“General neglect” means the negligent failure of a person responsible for a child’s welfare to provide adequate food, clothing, shelter, medical care, or supervision where no physical injury to the child has occurred.
Substantiated/Inconclusive/Unfounded
After the initial investigation, the investigator will have one of three different conclusions. The investigator can find that the allegations of child abuse or neglect are substantiated, inconclusive, or unfounded. A finding of “substantiated” and “inconclusive” will put your name on CACI. A finding of “unfounded” will not put your name on CACI.
Substantiated
“Substantiated report” means a report that is determined by the investigator who conducted the investigation to constitute child abuse or neglect based on evidence that makes it more likely than not that child abuse or neglect occurred. The term “more likely than not” can be more easily understood as whether the evidence shows a 51% chance of the allegations to be true.
Inconclusive
“Inconclusive report” means a report that is determined by the investigator who conducted the investigation not to be unfounded, but the findings are inconclusive and there is insufficient evidence to determine whether child abuse or neglect has occurred.
Unfounded
“Unfounded report” means a report that is determined by the investigator who conducted the investigation to be false, to be inherently improbable, to involve an accidental injury, or not to constitute child abuse or neglect.
Child Abuse-Defenition Frequently Asked Questions
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