Report 2021-112 Recommendation 3 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 #3 To: Justice, Department of

Until the Legislature amends state law and DOJ develops processes to use the CWS/CMS data for child abuse background checks, DOJ should immediately develop a process for responding to child abuse background checks that includes checking CACI and the list of 298 reports of child abuse that were not supported by county records, and working with the California Department of Social Services to check the list of 27,000 reports of substantiated child abuse that were not contained in CACI. If the individual is on either list, DOJ should follow up with the relevant county to determine whether the individual's report should be included in CACI.

1-Year Agency Response

DOJ has received responses from the contributing agencies pertaining to the list of the 298 unsupported reports in CACI. The DOJ and the counties have reconciled the 298 reports in the CACI database. Out of the 298, 44 of the CACI reports were deleted, 254 reports were substantiated and remain in the CACI database. The list of 298 records was completed on March 30, 2023.

Regarding the 27,000 reports, the DOJ and DSS are in discussions concerning a data exchange to reconcile substantiated CACI reports between the CWS/CMS and CACI databases. In June 2023, DOJ plans to provide DSS with a CACI data extract of the list of substantiated reports in CACI. The DSS has indicated there are challenges with the CMS/CMS historical data, however, both agencies are in discussions concerning potential solution(s) and the next meeting is scheduled for June 2023.

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

DOJ provided a copy of its tracking sheet showing how it resolved all of the 298 reports of child abuse that were not supported by county records. However, per DOJ's response, it has not fully implemented this recommendation because it continues to collaborate with Social Services on the list of 27,000 reports of substantiated child abuse which were not contained in CACI.

6-Month Agency Response

In regards to the list of 27,000 reports, the DOJ has reached out to DSS and the agency maintains that California law prohibits it from sharing the list with DOJ. There is no further action for DOJ.

The DOJ has taken action on the list of 298 reports the CSA previously provided to the DOJ of child abuse background checks included in the CACI database that were unsupported by county records. In August 2022, the 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 submission of a 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. There is no further action 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 Department of Justice (DOJ) must depend on DSS and the counties to implement this recommendation. Pursuant to the CSA's recommendation, DOJ immediately reached out to DSS to request the list of 27,000 reports of substantiated child abuse that were not contained in CACI. However, DSS maintains that California law prohibits it from sharing the list with DOJ. As a result, DOJ staff is unable to cross-reference DSS' list of 27,000 reports before issuing responses to child abuse background check requests.

To procure the missing information for the 298 individuals whose inclusion in CACI were no longer supported by county records, DOJ has begun reaching out to the counties to request they submit a Child Abuse or Severe Neglect Indexing Form (BCIA 8583) with the amended report information. DOJ anticipates concluding the outreach in August 2022 and will update CACI once the counties submit the BCIA 8583 forms with amended report information.

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.