Out-of-State Access to California’s Child Abuse Central Index (CACI)
Requests from Out-of-State for Foster/Adoption
California Penal Code Section 11170(e)(1)
Allows the department to make available to an out-of-state agency, for purposes of approving a prospective foster or adoptive parent or relative caregiver for placement of a child, information regarding a known or suspected child abuser maintained pursuant to subdivision (a) concerning the prospective foster or adoptive parent or relative caregiver, and any other adult living in the home of the prospective foster or adoptive parent or relative caregiver. The department shall make that information available only when the out-of-state agency makes the request for information in writing on official letterhead, transmitted either by mail, fax, or electronic transmission or as designated by the department. The request shall identify the prospective foster or adoptive parent or relative caregiver, and any other adult living in the home, by name and date of birth or approximate age. The request shall cite the out-of-state statute or interstate compact provision that requires that the information received in response to the inquiry shall be disclosed and used for no purpose other than conducting background checks in foster or adoptive cases. The request shall also cite the criminal penalties for unlawful disclosure of any information provided by the requesting state or the applicable interstate compact provision. In the absence of an out-of-state statute or interstate compact provision that requires that the information shall be used for no purpose other than conducting background checks in foster or adoptive cases and criminal penalties equivalent to the penalties in California for unlawful disclosure, access shall be denied.
(2) With respect to any information provided by the department in response to the out-of-state agency's request, the out-of-state agency is responsible for obtaining the original investigative report from the reporting agency, and for drawing independent conclusions regarding the quality of the evidence disclosed and its sufficiency for making decisions regarding the approval of prospective foster or adoptive parents or relative caregivers.
(3) (A) Whenever information contained in the index is furnished pursuant to this subdivision, the department shall charge the out-of-state agency making the request a fee. The fee shall be fifteen dollars ($15).
Additional Information:California Penal Code Section 11167.5 defines the confidentiality and penalties for misuse of California CACI information. You may find this code on the AG's website, Child Protection Program, Laws/Regulations, and selecting Child Abuse and Neglect Reporting Act, California Penal Code sections 11164 through 11174.3.
In order for California to validate out of state statutes are equivalent to California statutes, please enclose a complete copy of the applicable statutes regarding the use and confidentiality of CACI information and the penalties for misuse.
Requests from Out-of-State Law Enforcement Agencies
California Penal Code Section 11170(d)
allows the California Department of Justice to make available any information maintained in CACI “to out-of-state law enforcement agencies conducting investigations of known or suspected child abuse or neglect only when an agency makes the request for information in writing and on official letterhead, identifying the suspected abuser or victim by name.” The statute further specifies: “The request shall be signed by the department supervisor of the requesting law enforcement agency. The written requests shall cite the out-of-state statute or interstate compact provision that requires that the information contained within these reports shall be disclosed only to law enforcement, prosecutorial entities, or multidisciplinary investigative teams, and shall cite the criminal penalties for unlawful disclosure of any confidential information provided by the requesting state or the applicable interstate compact provision. In the absence of a specified out-of-state statute or interstate compact provision that requires that the information contained within these reports shall be disclosed only to law enforcement, prosecutorial entities, or multidisciplinary investigative teams, and criminal penalties equivalent to the penalties in California for unlawful disclosure, access shall be denied.”