Child Abuse Central Index – FAQs

Can I call my own witnesses at the grievance hearing?
You are allowed to call your own witnesses at the grievance hearing.  You and the Department must provide each other with your witness lists at least 10 business days prior to the grievance hearing.  Witness(es) for the Department will at minimum include the Social Worker(s) who responded to the referral when they are still employed by the County.  Having too much work to do will not be accepted as an excuse as to why the Social Worker(s) can not attend the Grievance Hearing.

Who is determined to be a child?
Under California Penal Code Section 11165, a child is a person under the age of 18 years.

It is against my religion to give my child any drugs or medicine, can I be accused of neglect?
Under California Penal Code Section 11165.12(b), a child not receiving medical treatment for religious reasons shall not, for that reason alone, be considered a neglected child.

What if I decided against giving my child medicine after the doctor said the medicine could be risky and may not even help my child?
Under California Penal Code Section 11135.12(b), an informed and appropriate medical decision made by a parent or guardian after consultation with a physician or physicians who have examined the minor does not constitute neglect.

Will I be put on CACI if I was using drugs during my pregnancy?
Under California Penal Code Section 11165.13, a positive toxicology screen at the time of the delivery of an infant is not in and of itself a sufficient basis for reporting child abuse or neglect.

However, any indication of maternal substance abuse shall lead to an assessment of the needs of the mother and child pursuant to California Health & Safety Code Section 123605.  Section 123605 assessed a mother and child for the following:
1.    Identify needed services for the mother, child, or family, including services to assist the mother caring for her child.
2.    Determine the level of risk to the newborn upon release to the home and if any needed, a referral to the county welfare department, which may lead to social workers visiting your home.
3.    Gather data for information and planning purposes.

If other factors are present that indicate risk to a child, then a report shall be made.  Your name may be listed on CACI.  However, a report based on risk to a child which relates solely to the inability of the parent to provide the child with regular care due to the parent’s substance abuse shall be made only to a county welfare or probation department, and not to a law enforcement agency.

Can the doctor take an X-ray of my child if I never gave consent?
Under California Penal Code Section 11171.2, a physician, surgeon, or dentist or their agents and by their direction may take skeletal X-rays of the child without the consent of the child’s parent or guardian, but only for purposes of diagnosing the case as one of possible child abuse or neglect and determining the extent of the child abuse or neglect.