Completion and Submission of the BCIA 8583, Child Abuse or Severe Neglect Indexing Form

0070-548.17 | Revision Date: 07/26/18

Overview

This policy guide provides guidance on when a BCIA (Bureau of Criminal Information and Analysis) 8583, Child Abuse or Severe Neglect Indexing Form should be sent to the Department of Justice and instructions for the investigating CSW for completing the BCIA 8583.

TABLE OF CONTENTS

Policy

Reporting Substantiated Findings

When Not to Submit Results to the CACI

Procedure

Allegation(s) is Substantiated and Perpetrator is Identified

Investigating CSW Responsibilities

Allegation(s) is Inconclusive and there are No Substantiated Allegations

Investigating CSW Responsibilities

Notifying the Perpetrator or Alleged Perpetrator of a Report to the Child Abuse Central Index (CACI)

Investigating CSW Responsibilities

Notifying the Department of Justice (DOJ) of a Correction to the Child Abuse Central Index (CACI)

DI CSW Responsibilities

DI SCSW Responsibilities

Approvals

Helpful Links

Forms 

Referenced Policy Guides

Statutes

Version Summary

This policy guide was updated from the 07/01/14 version to incorporate ACL 17-85 that states DCFS cannot submit a substantiation of an allegation to the Child Abuse Central Index (CACI) if the conclusion was reached on the basis of a law enforcement investigation without an active investigation by DCFS.

POLICY

Reporting Substantiated Findings

When a child abuse/neglect investigation concludes with a substantiated finding in the categories of sexual abuse, physical abuse, severe neglect, emotional/mental abuse or exploitation, the investigating CSW is responsible for forwarding the BCIA 8583, Child Abuse or Severe Neglect Form to the Department of Justice (DOJ). In turn, the DOJ records this information in the Child Abuse Central Index (CACI). 

The Department of Justice does not require notice of allegations of general neglect, or when the allegations are concluded as unfounded or inconclusive. If a report has previously been filed which subsequently proves to be unfounded, the DOJ shall be notified in writing of that fact and shall not retain the report.

DCFS is required to notify the known or suspected child abuser when his or her name is reported to the DOJ and the CACI. The (alleged) perpetrator must be sent a SOC 832, SOC 833, and SOC 834 whenever their name is submitted to the DOJ on the SS 8583. This letter must be sent within 5 business days of the submission of the SS 8583 to DOJ. 

DCFS cannot forward a report to the DOJ unless it has conducted an active investigation and determined that the report is substantiated. If a CSW has not been able to locate the family, the CSW has not completed an active investigation, and therefore cannot submit the BCIA 8583, Child Abuse or Severe Neglect Indexing Form to DOJ.

The ERCP CSW is responsible for completing and submitting the BCIA 8583 when he or she investigates a referral and closes it at ERCP.  If an ERCP CSW conducts the initial investigation of the allegation and sends the referral to the regional office as a follow-up or placement/replacement, the regional ER CSW will complete and submit the BCIA 8583. Only substantiated dispositions are to be reported to the DOJ.

CSWs are no longer required to send the BCIA 8583 to Law Enforcement or the District Attorney after completing an investigation because both agencies can obtain the disposition of the allegations via E-SCARs.

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When Not to Submit Results to the CACI

DCFS cannot forward a report to the DOJ unless it has conducted an active investigation and determined that the report is substantiated.

An "active investigation" conducted by DCFS must include, at a minimum:

• Assessing the nature and seriousness of the known or suspected abuse
  
  
• Conducting interviews of the victim(s) and any known suspect(s) and witness(es) when appropriate and/or available
  
  
• Gathering and preserving evidence
  
  
• Determining whether the incident is substantiated, inconclusive, or unfounded
  
  
• Preparing a report that will be retained in the files

If substantiation of an allegation is made on the basis of a law enforcement investigation without an "active investigation" by the DCFS, DCFS shall not submit the results to the CACI.

If a CSW has not been able to locate the family, the CSW has not completed an active investigation, and therefore cannot submit the BCIA 8583, Child Abuse or Severe Neglect Indexing Form to DOJ.

PROCEDURE

Allegation(s) is Substantiated and Perpetrator is Identified

Investigating CSW Responsibilities

1. Complete and print a BCIA 8583 in CWS/CMS for each known or suspected child abuser.

• All information blocks contained on the BCIA 8583 must be completed.

• If the information is not available, indicate “UNK” in the applicable field. 

• For date of birth, the exact month, day, and year is required for entering into the CACI. 

• If not known, provide approximate date.

2. Complete the following steps:

1. Indicate that an Initial Report is being submitted by checking the appropriate box at the top of the form.

2. Section A. “Submitting Agency.” This information will pre-populate.

3. Section B, Block 2.

4. Indicate the date of the report and the finding of the allegation as “substantiated.”

5. Indicate the date of the incident and select the type of abuse.

6. Section C, Amended Report Information.

• Only use this section to update information previously submitted on the BCIA 8583.

7. Section D, Involved Parties.

• Provide the information of the victim(s) and suspect(s) for the substantiated allegation.

3. Submission of the BCIA varies based on the type of referral:

4. Print the BCIA 8583 and forward a copy or the copies of the BCIA 8583 to clerical support staff for submission to the Department of Justice within 5 days of the determination.

• Department of Justice, Bureau of Criminal Statistics and Special Services, Box 903417, Sacramento, CA 94203-4170. ATTENTION: Child Abuse Central Index.

Back to Procedure

Allegation(s) is Inconclusive and there are No Substantiated Allegations

Since CWS/CMS generates the BCIA 8583 for every referral, a Cross Report Notebook in which an inconclusive allegation is recorded must also be generated in order to close the referral.

Investigating CSW Responsibilities

1. Create a Cross Report Notebook for the BCIA 8583 and select the checkmark “Cross Report Not Sent.”

• This manual procedure will satisfy the requirement for the cross report, and will allow the referral to close.

• If the BCIA 8583, SOC 832, SOC 833, or SOC 834 reports are unintentionally generated for an inconclusive allegation, the CSWs must place the form in the designated receptacle for shredding.

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Notifying the Perpetrator or Alleged Perpetrator of the Report to the Child Abuse Central Index (CACI)

Investigating CSW Responsibilities

1. Complete and print the SOC 832, SOC 833, and SOC 834 for each known or suspected child abuser within 5 business days of the submission of the BCIA 8583 to the DOJ, to list an individual on the CACI.

2. Forward a copy of the SOC 832, SOC 833 and SOC 834 to clerical support staff to mail the forms to the individuals last known address, or any other address known by the DCFS where the notice and request for grievance are most likely to be received by the individual.

• If the CSW knows that the suspect is no longer at the last known address, the CSW should make a reasonable effort to obtain the suspect’s current address.

• If the suspect has moved and the CSW is unsuccessful in obtaining further information, then the CSW should document this information in CWS/CMS. 

• CSWs must consult with county counsel to determine whether further steps should be taken to locate the suspect.

3. Record the mailing of the SOC 832, SOC 833 and SOC 834 in the Contact Notebook of the referral. 

• Select Deliver Service to Client as the Contact Purpose.

4. If the known or suspected child abuser contacts the CSW to dispute the submission of his or her name to the Department of Justice, follow instructions for CACI Review Hearings. 

Back to Procedure

Notifying the Department of Justice (DOJ) of a Correction to the Child Abuse Central Index (CACI)

Instances when an amended BCIA 8583 is required include, but are not limited to, circumstances where the Juvenile Court has determined that the allegations which prompted the submission of the BCIA 8583 to the DOJ were not substantiated by a preponderance of the evidencei.e., more likely than not (i.e., a specific allegation(s) or the entire petition was dismissed because the court found the alleged abuse was not substantiated). In these situations, the Dependency Investigator (DI) will complete and submit the amended BCIA 8583.

In the event that the Juvenile Court has dismissed a petition pursuant to Welfare and Institutions Code Section 301, or subsequent to a finding that a child is described by Section 300 and without adjudicating the child a dependent, has ordered services pursuant to section 360, the Dependency Investigator is not required to submit a revised BCIA 8583 to the Department of Justice. The revised form is not required because there has been no finding by the Juvenile Court that the abuse and/or neglect was not substantiated; rather, the court has found that the risk can be ameliorated through a program of informal (non-court) supervision. The court has not made a determination about the facts in evidence as it normally does when a petition is dismissed following an adjudication on the petition.

If the finding of substantiated abuse or neglect is changed because of the grievance hearing, the Chief Grievance Officer will submit a new BCIA 8583 to the DOJ and update the Allegation Notebook in CWS/CMS. For all other changes in investigation disposition not as a result of court order, the investigating CSW is responsible for submitting the amended BCIA 8583 to the DOJ.

DI CSW Responsibilities

1. Attach a copy of the original BCIA 8583 and complete Sections A & C on an amended BCIA 8583 in CWS/CMS.

2. Indicate that you are submitting an Amended Report by checking the appropriate box at the top of the new BCIA 8583.

3. Indicate one of the following reasons for the change:

1. Changed to Inconclusive – A previously submitted BCIA 8583 indicated as substantiated is being reclassified to inconclusive.

2. Now Unfounded – A previously submitted BCIA 8583 indicated as substantiated is being reclassified as unfounded.

1. Within three business days of determining that the allegations are unfounded, submit an amended BCIA 8583.

3. Added Additional Information – Supplementary information is being provided for a previously submitted BCIA 8583. 

1. Cases in which subsequent child death has resulted must be reported.

4. Corrected Report Information – Information submitted on an initial BCIA 8583 is being corrected.

5. Underlying Investigative File No Longer Available – The agency no longer retains the underlying investigative file that supports a previously submitted BCIA 8583.

6. Comment section – Use this area only if you are reporting amended information that relates to one victim or suspect, and there is a need to clarify which victim or suspect the amended information applies to when the initial report contained multiple victims and/or suspects.

4. Forward the original BCIA 8583 and the amended BCIA 8583 to the clerical support staff for submission to the Department of Justice within 5 business days of making the change.

The BCIA 8583 forms must be mailed to:

Department of Justice

4949 Broadway, Room B216

Sacramento, CA 95820

DI SCSW Responsibilities

1. Update the Allegation Notebook of the referral on CWS/CMS. Change the allegation conclusion to be consistent with the amended BCIA 8583 that is submitted to the Department of Justice.

Back to Procedure

APPROVALS

SCSW

• Changing the conclusion of the allegation

HELPFUL LINKS

Forms

CWS/CMS

BCIA 8583, Child Abuse or Severe Neglect Indexing Form

SOC 832, Notice of Child Abuse Central Index Listing Form

SOC 833 Grievance Procedures for Challenging Reference to the Child Abuse Central Index Form

SOC 834, Request for Grievance Hearing Form

LA Kids

SOC 832, Notice of Child Abuse Central Index Listing Form

SOC 833, Grievance Procedures for Challenging Reference to the Child Abuse Central Index Form

SOC 834, Request for Grievance Hearing Form

Referenced Policy Guides

0070-548.18, Child Abuse Central Index (CACI) Review Hearings

Statutes

All County Letter (ACL) 17-85 -- Assessing and Investigating Referrals Involving Third Party Perpetrators of Child Abuse and Neglect.

Penal Code (PEN) Section 11165.1 – Defines "sexual abuse" as sexual assault or sexual exploitation.

PEN Section 11165.2 – In part, provides definitions for “neglect” and “severe neglect.”

PEN Section 11165.6 – States, in part, that "child abuse or neglect" does not include a mutual affray between minors. States that "child abuse or neglect" also does not include an injury caused by reasonable and necessary force used by a peace officer acting within the course and scope of his or her employment as a peace officer.

PEN Section 11165.12 – Provides, in part, definitions for an “Unfounded Report,” a “Substantiated Report,” and an “Inconclusive Report.”

PEN Section 11169(a)(c)(g) – States, in part, that the child welfare agency shall forward to the Department of Justice a report in writing of every case it investigates of known or suspected child abuse or severe neglect which is determined to be substantiated. An agency shall not forward a report to the Department of Justice unless it has conducted an active investigation and determined that the report is not unfounded. If a report has previously been filed which subsequently proves to be unfounded, the Department of Justice shall be notified in writing of that fact and shall not retain the report. The reports required by this section shall be in a form approved by the Department of Justice and may be sent by fax or electronic transmission. 

The agency must notify in writing the known or suspected child abuser that she or she has been reported to the CACI.

Any person listed in the CACI as of January 1, 2013, who was listed prior to reaching 18 years of age, and who is listed once in CACI with no subsequent listings, shall be removed from the CACI 10 years from the date of the incident resulting in the CACI listing.

PEN Section 11170 (3) & (b)(2) – States, in part “that only information from reports that are reported as substantiated shall be filed…, and all other determinations shall be removed from the central list. When a report is made…, the investigating agency, upon completion of the investigation or after there has been a final disposition in the matter, shall inform the person required to report of the results of the investigation and of any action the agency is taking with regard to the child or family.”

California Code of Regulations 901(a) – Provides, in part, a definition for an “Active Investigation.” States that for purposes of reporting information to the Child Abuse Central Index, the activities shall include, at a minimum: assessing the nature and seriousness of the known or suspected abuse; conducting interviews of the victim(s) and any known suspect(s) and witness(es) when appropriate and/or available; gathering and  preserving  evidence; determining  whether  the  incident  is  substantiated, inconclusive, or unfounded; and preparing a report that will be retained in the files of the investigating agency.

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