Grievance Hearings and the Gomez vs Saenz Settlement

Learning Objectives Understand the Gomez Settlement and Implications for Social Work Practice Components of a Grievance Hearing Articulate the Civil Rights Issues Review the Implications when Making a Substantiated or Inconclusive Finding in an Investigation of Child Abuse/Neglect

Agenda Why are we here? Overview of the Gomez Decision Review of Penal Codes on findings of investigations of Child Abuse- CACI listings Full Disclosure Documentation Grievance Hearing Process

What and Why? The Lawsuit CACI Listing Notification to those who will be listed on CACI (Child Abuse Central Index) due to a substantiated or inconclusive finding Due Process Rights

Making a Finding in a Case Penal Codes 11169, 11165.1, 11165.12 Additional Penal Codes What are the implications of being listed on CACI?

Case Scenario

Highlights of Roles in the Grievance Process* Social Worker Concludes investigation with a finding Documents rationale for finding If substantiated or inconclusive, those alleged must be informed of his/her registration on CACI. Send completed SOC 832 and SOC 833 ,834 within 5 days to those alleged. Shall give testimony at grievance hearing Requestor of Grievance Hearing Completes SOC 834 within 30 days of receipt of SOC 833,834. May request the county to assist in filling out SOC 834 Can schedule an appointment to examine documents related to the report May have representative or attorney to assist. May provide additional evidence Agency Responsibility Attempt to resolve matter prior to hearing by case review Redact reporting party and case information because of safety reasons Make available for inspection the documents and other evidence 10 business days prior to the hearing Notify CACI and requestor if finding is changed Grievance Hearing Office(r) Schedules hearing within 10 business-60 calendar days after receipt of SOC 834 Notice of hearing date at least 30 calendar days to requestor prior to hearing date Information taken in hearing cannot be disclosed to others Make an audio record Write a recommendation report within 30 days of hearing; County Director to write a final report within 10 business days Highlights of Roles in the Grievance Process* * Highlights reflect general statewide process. Counties may have specific policy and procedures for the grievance process.

Full Disclosure What is your agency process for informing an alleged perpetrator that he/she will be listed in CACI? What strategies might you use in case practice to inform alleged perpetrator of the listing? and implications for the listing? Informing alleged perpetrator of their right to a grievance hearing

Documentation Case practices in documentation Is it clear as to why the allegation was substantiated, inconclusive or unfounded? Ruling out a substantiation Ruling out an unfounded Ruling an inconclusive

Grievance Hearing General Process Roles

Testifying in a Grievance Hearing Tips

Thank You for Coming Questions? Evaluation