Out-of-State Foster & Adoption Agencies

Inquiries From Out-of-State Foster and Adoption Agencies

California Penal Code section 11170(e)(1) authorizes the California Department of Justice (DOJ) to provide Child Abuse Central Index (CACI) information to out-of-state foster care and adoption agencies for purposes of approving prospective foster or adoptive parents.

This requirement supports compliance with the Adam Walsh Child Protection and Safety Act of 2006 (Public Law 109-248).

DOJ will release CACI information only when the requesting out-of-state agency indicates that it maintains safeguards required by 42 U.S.C. §671(a)(20). These safeguards must prevent the unauthorized disclosure of information in a child abuse and neglect registry and ensure that the information is used only for background checks related to foster or adoptive placements.

Submitting a CACI Inquiry Request

Out-of-state foster care and adoption agencies may request a CACI search by submitting the Child Abuse Central Index Inquiry Request for Out-of-State Foster and Adoption Agencies (BCIA 4057) form.

Request Requirements

• All requests must be typewritten. Handwritten requests will be returned.
• Submit one request form for each individual for whom a CACI check is requested.
• Include a check or money order for $15.00 per individual inquiry, payable to the California Department of Justice.

Mailing Address

Mail completed requests to:

California Department of Justice
Bureau of Criminal Information and Analysis
Child Abuse Central Index
P.O. Box 903387
Sacramento, CA 94203-3870

Agencies that require a Taxpayer Identification (W-9) form for payment purposes may request one by emailing CACI-inquiry@doj.ca.gov.

DOJ Response to Inquiry Requests

Please allow at least 30 days for processing requests.

DOJ will respond to CACI inquiry requests as follows:

• If an email address is provided on the request form, the response will be sent via a secured email to the email address listed on the form.
• If no email address is provided, the response will be mailed to the address listed on the form.

DOJ will indicate the results of the search by marking the appropriate box on the form.

If the search results in a possible match, DOJ will provide:

• The name of the reporting agency
• The date of the report
• The report number and/or case name

California law requires the requesting agency to confirm the information by obtaining and reviewing the original investigative report from the reporting agency.

Missing/Rejected Form

If a request contains missing or incorrect information that may result in rejection, DOJ will notify the requesting agency by email and allow the agency to submit the required information. If the requesting agency does not respond within seven days, the request may be rejected, and the original request and payment will be returned by mail.

Responsibilities of the Requesting Agency

Under California Penal Code section 11170(e)(2), agencies receiving possible match information from DOJ are responsible for:

• Obtaining the original investigative report from the reporting agency; and
• Making an independent determination regarding the quality and sufficiency of the evidence when evaluating prospective foster or adoptive parents, or adult residents of the home.

When requesting the investigative report from the reporting agency, the requesting agency should include a copy of DOJ’s CACI inquiry response.

Statutory Authority

California Penal Code section 11170(e):

(e) (1) The department shall make available to an out-of-state agency, for purposes of approving a prospective foster or adoptive parent in compliance with the Adam Walsh Child Protection and Safety Act of 2006 (Public Law 109-248), information regarding a known or suspected child abuser maintained pursuant to subdivision (a) concerning the prospective foster or adoptive parent, and any other adult living in the home of the prospective foster or adoptive parent. The department shall make that information available only when the out-of-state agency makes the request indicating that continual compliance will be maintained with the requirement in paragraph (20) of subsection (a) of Section 671 of Title 42 of the United States Code that requires the state to have in place safeguards to prevent the unauthorized disclosure of information in any child abuse and neglect registry maintained by the state and prevent the information from being used for a purpose other than the conducting of background checks in foster or adoption placement cases.

(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.

(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 not exceed the reasonable costs to the department of providing the information. The only increase shall be at a rate not to exceed the legislatively approved cost-of-living adjustment for the department. In no case shall the fee exceed fifteen dollars ($15).

(B) All moneys received by the department pursuant to this subdivision shall be deposited in the Department of Justice Child Abuse Fund, established under subparagraph (B) of paragraph (12) of subdivision (b). Moneys in the fund shall be available, upon appropriation by the Legislature, for expenditure by the department to offset the costs incurred to process requests for information pursuant to this subdivision.