FOR IMMEDIATE RELEASE: 

May 31, 2022

CONTACT: Andrew Mendoza                                      

[email protected]

Assemblyman Tom Lackey Exposes Flawed Database Threatening Child Safety and Individuals’ Rights

SACRAMENTO, CA — Assemblyman Tom Lackey (R-High Desert) announced the release of a California State Auditor report scrutinizing how the Department of Justice maintains the Child Abuse Central Index (CACI). The audit provided that less than half of the substantiated reports of child abuse from the four-year period reviewed were entered into CACI. This means that at least 22,000 individuals with a history of child abuse are missing from the database. Further, there were 300 reports of unsubstantiated child abuse included, which means these individuals are being needlessly stigmatized.

The CACI was originally developed in 1965, two years after California required physicians to report suspected abuse and neglect. It served as the state’s central registry of child abuse reports, which were maintained on index cards. During this time, it was primarily used as an investigatory tool. However, in the 1980s, the modern iteration was created allowing consultations for state agencies and private organizations’ decision-making pertaining to authorized contact with children.

The CACI has a long history of litigation, which resulted in the Supreme Court holding that California’s maintenance of the CACI violates due process rights. In response, the legislature passed a 2011 law altering permitted inclusions and requiring specified removals. Prior to the aforementioned decision, the California Department of Social Services (DSS) reached a settlement in a state court action. Pursuant to that settlement, DSS constructed a grievance process reviewed by designated officials within the reporting agencies.

“This report clearly shows that the legislature should address significant issues raised in this report. It is clear that we must maintain better data to ensure the protection of our children.” Assemblyman Lackey said. Lackey continued, “The state should not be able to impose stigma upon individuals without affording them a right to adjudicate these claims before administrative professionals. I will continue to review and explore implementing the auditor’s recommendations in legislation”. 

The Acting California State Auditor, Michael Tilden wrote, “…authorized users of CACI cannot depend on the database to help protect children when they make decisions about hiring individuals to work in day care centers or group homes, or about whom they can entrust with the care or custody of a child”. He continued, “To better protect children from individuals with a history of perpetrating abuse, the Legislature should streamline the process for sharing reports of child abuse, which would help DOJ provide the most complete and accurate response to the background checks authorized users request”.

Assemblyman Lackey was the author of AB 1450 which would have reinstated law enforcements ability to enter data into the CACI. He did so because he believes that these reports are held to a higher standard over those submitted by DSS. Previous inquiries into the CACI have provided that law enforcement reports are considered more reliable.

This audit request was championed by Assemblyman Tom Lackey with bipartisan and bicameral co-signers including: Assembly Members Mike Gipson (D-Carson), Phillip Chen (R-Yorba Linda), Bill Quirk (D-Hayward), and Janet Nguyen (R-Garden Grove) and Senators Melissa Hurtado (D-Sanger) and Rosilicie Ochoa Bogh (R-Yucaipa).

It received support from the American Civil Liberties Union – CA (ACLU), Children’s Law Center of California, Court Appointed Special Advocates of Los Angeles (CASA LA), the Los Angeles Dependency Lawyers, Inc. (LADL), Dependency Legal System San Diego (DLSS), Strength-Based Community Change (SBCC), and Public Counsel.

###

Assemblyman Lackey proudly represents the 36th Assembly District, which contains the High Desert portions of Kern, San Bernardino and Los Angeles counties, including the communities of Lancaster, Palmdale, Santa Clarita, Quartz Hill, Acton, Boron, Littlerock, Pearblossom, Mojave, Rosamond, California City, Phelan and Piñon Hills.