Clearances
0070-559.10 | Revision Date: 7/19/2022

Overview

This Policy Guide provides instruction on how and when to use required clearances. Clearances support the Department’s efforts to maintain child safety by providing staff with tools to assess and respond to the needs of children and prospective caregivers.

Table of Contents

Version Summary

This policy guide was updated from the 04/07/17 version to include updated information about the California Statewide Automated Welfare System (CalSAWS) formally known as the LEADER Replacement System (LRS) and procedures to Live Scan applicants for Resource Family Approval (RFA). Also information was added for CSW’s to upload California Law Enforcement Telecommunications System (CLETS) results in CWS/CMS.

POLICY

Clearances

The following clearances are conducted to determine the criminal and child welfare history of clients served by DCFS. The CSW and SCSW must evaluate the results of each clearance to determine their risk to the child’s well-being and to ensure the child’s safety:

  • Live Scan and California Law Enforcement Telecommunications System (CLETS)
  • Child Abuse Central Index (CACI)
  • Child Welfare Services/Case Management System (CWS/CMS)
  • Family and Children’s Index (FCI)
  • Juvenile Automated Index (JAI)
  • California Statewide Automated Welfare System
  • Out of State Child Abuse/Neglect Registry

Live Scan and California Law Enforcement Telecommunications System (CLETS)

The California Law Enforcement Telecommunications System (CLETS) database runs a criminal record check based upon demographic data supplied by the subject of inquiry. Live-Scan reveals a criminal history record based upon the submission of the subjects’ fingerprints to the Department of Justice (DOJ) and Federal Bureau of Investigaton (FBI).  These clearances can confirm the identity of a subject and give the subject’s history of arrests and convictions.

Prior to the placement of a child in a the home of a relative, or non-relative extended family member or adoptive home, a criminal records check must be conducted on all persons who:

  • Are 18 years or older who reside in the home
  • Are applicants and all adults residing or regularly present in the home. See Health and Safety Code 1522 for a list of individuals who are specifically exempted from fingerprinting. A nonminor dependent shall not be subject to a background check for purposes of Resource Family Approval.
    • Nothing in this section can prevent the Department from requiring a background check for an individual specified in Health and Safety Code 1522, provided that the individual has contact that may pose a risk to the health and safety of a child or nonminor dependent placed with an applicant or Resource Family.
  • Are persons over the age of 14 living in the home who are believed to have a criminal record unless that person is a child under the jurisdiction of the juvenile court, per WIC 361.4(a)(2)(C).

The Department must initiate a background check within ten (10) calendar days following the criminal records check conducted through the CLETS, or five (5) business days after a child or nonminor dependent is placed with a relative or NREFM, whichever is sooner. Initiate means the relative or NREFM must live-scan during this period. See WIC Section 361.4 and RFA Written Directives ver. 7 Section 4-08.

Prospective relative and non-relative extended family member caregivers are responsible for providing their own transportation to Live Scan equipment sites. The department may, at its discretion, facilitate this process through the dispersion of tokens, vouchers, etc. Applicants must be informed of the nearest DCFS Live Scan site.

Live Scan is currently conducted at 11 DCFS office locations that provide for sufficient physical distancing where fingerprinting is conducted. In addition, select weekend appointments are available throughout the county for clients who are not able to fingerprint during regular business hours. Live scans are not available at the Covina Annex and Corporate DCFS offices. Live scans are available by appointment Monday – Friday from 8:00am – 5:00pm. Live Scan Technicians and RFA Intake staff in each respective office are responsible for entering the DCFS 5600 requests received into the Criminal Clearance Tracking System (CCTS).

RFA Live Scan Request

Placing CSW/Case Carrying CSW Responsibilities

  1. Submit the RFA 01A, Resource Family Application to the RFA Intake inbox, RFA_Intake@dcfs.lacounty.gov, ensuring the applicant/adult names are legible and spelled correctly.
  2. Assigned RFA CSW submits a Background Clearance Request form to the RFA Applications inbox,dcfsrfaapplications@dcfs.lacounty.gov, ensuring the applicant/adult names are legible and spelled correctly; and
  3. RFA Intake staff enters requests into CCTS for RFA applicants/adults.

Criminal Clearance Tracking System (CCTS)

The CCTS is a confidential, comprehensive web-based application that automates the manual tracking of Live Scan, California Law Enforcement Telecommunications System (CLETS) and Child Abuse Central Index (CACI) activity. 

To view Live Scan results, CSW’s and SCSWs can access the system via the link which is provided in the e-mail notifications or via LA Kids. Dependency Investigators and Adoption CSW’s with secondary assignments can access the results relating to their cases.Resource Family Approval Division (RFAD) staff and Supervisors have access to all requests and results for the purpose of performing assessment of homes.

Requesting Criminal History Information

DCFS may request criminal history information on individuals when the request is related to:

Continue to format AAP LOC policy

  • Child abuse investigations conducted pursuant to the Child Abuse and Neglect Reporting Act (CANRA).
  • Investigations involving a child in which the child is alleged to come within the jurisdiction of the juvenile court, and, in limited situations, whether the child should be returned to the parent.
  • Monitoring family time (visitation monitor)
  • Assessing an adult mentor for the purpose of developing and approving a Parenting Support Plan (PSP) with a NMD parent residing in Supervised Independent Living Placement (SILP).
    • If the prospective adult mentor does not use a DCFS lives can location (e.g. if they reside outside of LA County area), the county is not required to pay the fees associated with the background check. The prospective adult mentor is responsible for meeting the basic requirements for approval, including the necessary background check.
  • Resource Family Approval

Criminal history information requested for any other reason is not permitted and will subject the person making the request to be discharged from the Department.

Criminal record checks must not be requested when:

  • Recommending an unmonitored visit for a parent/legal guardian who has had their criminal history previously obtained and recently updated by DCFS.
  • Transferring a referral or a case.  CSWs are to ensure that CLETS and Live Scan results are included in all transferred case files.
  • No Live Scan is required on youth currently under DCFS supervision who is 18, or turns 18 or older, residing in out-of-home care. This includes NMDs that remain under the supervision of DCFS and have not had any periods of trial independence.

A Criminal Records Exemption may be requested and issued only if permission is granted by the California Department of Social Service within 14 days of receipt of the request.

Retention of Records

It is recommended that the counties retain criminal background and CACI clearances results for a minimum of three years after the home is no longer in use. The results may be stored in the child’s case file. Automated systems handling criminal offense records information must be located in secure premises, and be secure from unauthorized access, alternation, deletion or release.

Child Abuse Central Index (CACI)

The Child Abuse Central Index (CACI) is a database of information about child abuse investigations that have occurred in California.  Information collected includes:

  • Names and descriptors of the suspects and victims
  • The agency that investigated the allegations
  • Name or case number assigned to the case
  • Type of abuse investigated
  • Investigator’s findings

When a child abuse/neglect investigation is concluded with a substantiated finding in the categories of sexual abuse, physical abuse, severe neglect, emotional/mental abuse or exploitation, the investigating CSW is to complete the BCIA 8583, Child Abuse or Severe Neglect Indexing Form and fax to the Department of Justice (DOJ).

CSWs are required to check the CACI for data regarding all prospective relative caregivers, non-relative extended family members as well as, all other adults and children who reside in the home or have significant contact with the child, including adult mentors to parenting NMDs as part of the PSP.

Live-Scan criminal record checks will automatically include a check of the CACI.  Responses from the CACI will either be returned with the Live-Scan results (if there are no possible matches for the person) or they will be returned within sixty days if there is a possible match for the person. 

  • A “delayed for 60 days” response may, in some cases, indicate a potential match. CACI will review the match manually to make a determination.

If the person appears to have a record in the CACI database, the information must be evaluated by the CSW and the SCSW to determine the risk that the person may pose to the child.  The information must be taken into consideration when evaluating placement options, to ensure the well-being of the child.

Child Welfare Services/Case Management System (CWS/CMS)

The Child Welfare Services/Case Management System (CWS/CMS) is California’s Comprehensive Child Welfare Information System (CCWIS) compliant database management system that enables California’s Child Welfare Services workers to electronically record and retrieve client information.  A search of the database will reveal whether a client has been a victim or suspect of child abuse or neglect, and whether they have received child welfare services in California.

The following information is needed to complete the search:

  • Name of adult or child (complete name or last name only)
  • Social Security Number
  • Birth Date
  • Phone Number
  • Complete or partial address of the home where the adult or child live
  • State ID number (complete a California Statewide Automated Welfare System (CalSAWS) search to obtain)

CWS/CMS features the following System-Wide Access to Information:

  • Statewide, automated client searches
  • System-wide tracking of clients receiving child welfare services
  • System-wide accessibility to all client information
  • System-wide tracking and access to all referrals and cases

A CWS/CMS clearance is required on adults when:

  • Investigating reports of alleged abuse, neglect, or exploitation
    • A clearance is required on parents and alleged perpetrators, including history of a parent as a child and out-of-county history.
    • Consult with SCSW to determine if a clearance is necessary on other adults living in the home.
  • Assessing the return of a child to the home of their parent
  • Assessing the home in which the identified child victim may be placed (e.g. prospective relative caregiver, adoptive parent, legal guardian, non-relative extended family member, or non-offending parent)
  • Assessing a license-exempted day care provider, including an in-home provider and/or relative or non-relative extended family member
  • Assessing a prospective monitor for visits
  • Recommending unmonitored visits for any adult
  • A new person moves into the household of the identified child victim
  • Attempting to locate siblings of the identified child victim

Family and Children's Index (FCI)

The FCI system is a computerized, centralized interagency database designed to facilitate identification of children and families who are at risk of child abuse and neglect, and who have had relevant contacts with public agencies. The system houses basic allowable information, information regarding another provider agency’s contact(s) with the child and child’s family, and the identity of agency contact person for pursuing additional information. Only authorized providers have access to the database.

The Search, Attach, Assign & Merge Specialist (SAAMS) Unit will search FCI for any known records. They will attach their findings to the referral and forward it to the CSW.  The CSW must contact all the agencies listed on the FCI report prior to closing a referral or promoting a referral to a case.

Initial FCI searches are mandatory for all persons listed on the referral and the referral address.  Subsequent searches must be made for all additional household members of persons associated with the home.

The following departments have a Memorandum of Understanding (MOU) to participate in the FCI:

  • Los Angeles Sheriff's Department (LASD)
  • Department of Children and Family Services (DCFS)
  • Department of Public Social Services (DPSS)
  • Probation Department
  • Department of Mental Health (DMH)
  • Office of the District Attorney (DA)
  • Department of Health Services (DHS)
  • Chief Executive Officer (CEO)

Participating FCI agencies agree to export, on a regular basis, the following allowable information into the FCI system whenever a record in their agency’s database(s) meets one or more of the following at-risk criteria:

  • Name, address, telephone number, date of birth, and/or place of birth of the child and/or family members
  • Case number assigned by the agency providing the data
  • Name and telephone number of contact person(s) for the agency who would be provide further information.
  • Date(s) of contact between the agency providing data and a family member or members

Upon completion of a FCI, an ER CSW may decide that a Child Abuse Multi-Disciplinary Team (MDT) is needed. A Child Abuse MDT can be established to allow provider agencies (e.g. social services, children services, health services, mental health services, probation, law enforcement, and school) to share confidential information.

Response Times

  • Each agency will develop and maintain 24 hour/seven-days-a-week capability to respond in a timely manner to requests for information made by other participating FCI agencies.
  • An inquiry should be responded to immediately, but most must be responded to within three business days (72 hours) of the time it was made.
  • FCI is intended to be an early pointer system to pertinent and necessary collateral information and FCI hits should be followed-up very early in the referral investigation process.

At-Risk Indicators

Agencies participating in FCI agree that "at-risk" indicators are:

  • All substantiated or inconclusive allegations of child abuse to a child protective agency not including unfounded reports
  • When a child is a victim of an alleged crime
  • An event or fact involving a child or family member which in and of itself would not meet the definition of "Child Abuse" in the Child Abuse and Neglect Reporting Act, Penal Code Section 11164 et seq., nor trigger a report pursuant to that Act, but which would, when combined with additional events or facts, raise reasonable cause for concern that the family is in need of intervention or services to prevent the occurrence of child abuse as defined in the CANRA.

The attached list provides information detailing what each agency is required to export into the system.

Confidentiality and Use of Information on FCI

Agencies participating in the FCI system should designate employees who have access to view, and enter information into, the database. Unauthorized personnel cannot access the data; every employee with access must have a signed confidentiality statement on file with their employer.

Requests for physical case history files must be made to the provider agency through an MOU, subpoena, or otherwise. Transmission of files through email or unsecured FTP/telnet protocols is prohibited.

Staff must be aware of agency’s criteria for a record to be in the FCI.  If an inquiry is received on a child that does not show a match for the agency or there is no match in the index at all, staff is prohibited from giving out information. The Agency’s Program Manager should be consulted when staff is unsure when it is not permissible to give out information.

If there is reasonable belief that the child’s life is in danger, the information must be shared.

California Statewide Automated Welfare System (CalSAWS)

The CalSAWS commenced in June 2019 with 58 counties coming together as one Joint Powers Authority to build the first California Statewide Automated Welfare System (CalSAWS). The CalSAWS System will be an automated, integrated eligibility and case management system that supports key public assistance programs on a cloud-hosted architecture. A check of this database can reveal if a family is currently receiving public assistance and, if the family is known to the database, the last known address and the identity of family members.

DCFS uses CalSAWS to record the eligibility status for all welfare and Children’s Services applicants and recipients and to assign state identification numbers to DCFS cases and referrals. CalSAWS houses the most current information regarding Child Welfare Services. A CalSAWS clearance is used to determine if an individual has a history with DCFS and/or to locate siblings of the child who may also be in the system.

Prior to child placement, a CalSAWS clearance is required on every adult (with the exception of a licensed foster parent, Resource Family Home, and emergency placements with relatives/NREFMS prior to resource family approval) who:

  • Lives in the home where the identified child victim is living
  • Lives in the home from which the identified child victim was removed
  • Lives in the home in which the identified child victim may be placed (e.g., prospective relative caregiver, non-offending parent or nonrelative extended family member)
  • Has caregiver responsibilities (e.g., license-exempt day care provider, including an in-home provider and/or relative)

Out of State Child Abuse/Neglect Registry

Each State has its own Child Abuse/Neglect Registry. A list of State Child Abuse Registries is available at http://centerforchildwelfare.fmhi.usf.edu/ChildProtective/AdamWalsh.pdf, under List of Contacts for Other State’s Child Abuse and Neglect Registries.  A check of these databases will determine if a subject is reported to have been the perpetrator or victim of child abuse or neglect.

PROCEDURE

Criminal Background Checks for Child Abuse Referrals

CSW Responsibilities

  1. During the investigation of a child abuse referral, CSWs must initiate a criminal background check on all child abuse referrals when at least one of the following is alleged:
    • Domestic violence
    • Physical abuse
    • Sexual abuse
    • Substance abuse
    • Exploitation
    • Severe neglect
      • For referrals alleging emotional abuse or general neglect, the CSW must consult with the SCSW to determine if initiating a criminal background check is relevant and appropriate.
  2. Obtain a CLETS or CACI clearance in one of the following ways:
    1. Using CCTS, create the CLETS for one of the following individuals:
      • Any parent (including custodial, non-custodial parent, and offending and non-offending parent)
      • Any adult residing in the home, and any person that is regularly present in the home (such as the boyfriend or girlfriend of the parent). Nonminor dependents are excluded.
      • See Health and Safety Code 1522(b)(2) for a list of individuals who are generally exempted from fingerprinting.
      • Nothing in this section can prevent the Department from requiring a background check for an individual exempted in Health and Safety Code 1522(b)(2), provided that the individual has contact that may pose a risk to the health and safety of a child or nonminor dependent placed with an applicant or Resource Family.
      • Any person an arrested or incarcerated parent has left their child with while the parent is in custody
      • Any youth between fourteen (14) and seventeen (17) residing in the home that the social worker believes may have a criminal record. This includes a nonminor dependent pursuant to WIC Section 361.4(a)(2)(C) if there is suspicion that there is a criminal history that poses a risk to the health and safety of a child or another nonminor dependent placed with an applicant or Resource Family.
    2. Complete the BCIA-4084, Request for Child Abuse Central Index (CACI) Search, and fax it to DOJ at either (916) 731-2101 or (916) 731-2189 (holidays and weekends only).
  3. Request that the parents/legal guardians submit to being Live Scanned, if it is determined upon completion of child abuse investigation that ongoing services (court or voluntary) will be provided.
  4. Complete aDCFS 5600 and send the completed form to the Live Scan inbox at DCFSLivescan@dcfs.lacounty.gov.
  5. If a parent/legal guardian refuses to be Live Scanned, their refusal must not prevent the provision of Voluntary Family Reunification Services (VFM) or Family Preservation services.
  6. Document that individual’s refusal in the Contact Notebook.

SCSW Responsibilities

  1. Check e-mail via Outlook to receive notification that the applicant has been Live Scanned.
  2. Retrieve automated results via Outlook with the CCTS link. Confer with the CSW regarding the criminal clearance results, if necessary.

Using the California Law Enforcement Telecommunications System (CLETS) to Assess a Home for Placement

Placing CSW Responsibilities

Effective January 1, 2007, CLETS results will not contain NCIC, III (i.e. FBI results) CLETS will only cover the state of California records. However, NCIC III Results will be provided when Live Scan is conducted.

  1. When notified of a relative or non-relative extended family member’s interest in placing a child in their home, contact the caregiver and obtain the information needed to request a CLETS.
    1. Verify the subject’s identity by requesting a valid photo ID.
    2. Prior to placement, check the valid photo ID of every person whose CLETS was obtained.
  2. Complete a CLETS request using the CCTS web application.
  3. After logging in, select the Process CLETS button.
  4. Enter the client demographic information.
  5. Check the box next to the section title to use the "CLETS Processing" fields to record that a CLETS has been processed.
  6. The following fields must be completed:
    1. Faxed Date: – Date the CLETS request was faxed. This field is pre-populated when the box is checked.
      1. To change the date:
        • Type in the correct date; or
        • Click on the "Calendar" icon next to the text box and select the correct date from the popup calendar. Use the MM/DD/YYYY date format.
    2. Time: – Type in the time the CLETS was faxed. Pre-populated when the check box is checked. Type to change the date. Use the HH:MM time format.
    3. Office Name: – This is the office from which the CLETS was faxed. The field is pre-populated with the Office entered in the "Processing Office" field on the Request Form.
      • If the processing office is a different office, select the appropriate office from the dropdown list.
    4. Faxing Technician: – This field is pre-populated using the currently logged in User's name. If the name is not the name of the person who processed the Live Scan, type in the correct name..
    5. Click the Save button at the bottom of the form to save the information just entered.
      • If the CLETS is requested pursuant to a temporary emergency placement with a relative or non-relative extended family member prior to placement, check the valid photo ID of every person whose CLETS was obtained.
  7. Complete the BCIA-4084, Request for Child Abuse Central Index (CACI) Search, and fax it to DOJ at either (916) 731-2101 or (916) 731-2189 (holidays and weekends only).
  8. Inform the applicant that they will be notified about the requirement to Live Scan and the Live Scan needs to be completed as soon as possible but no later than five (5)calendar days of placement.
  9. Notify the subject of the identification requirements. Refer to resources page for list of permissible identification documents.
  10. An automated email notice will be sent to the CSW assigned should the applicant failed to Live Scan within five (5) days of placement.
  11. Simultaneously submit a search for foster placement/emergency shelter care in the event that a relative placement cannot be made.
  12. Upon receipt of the automated Live Scan results, evaluate the prospective caregiver and review the prospective guardian’s criminal history
  13. File all copies of the DCFS 5600, 5600-A, 5600-B and criminal history results in the light brown folder.
  14. Upload results of the CLETS and CACI in CWS/CMS in case notes.

Placing CSW/CSW Responsibilities

  1. Submit the RFA 01A, Resource Family Application to the RFA Intake inbox, RFA_Intake@dcfs.lacounty.gov, ensuring the applicant/adult names are legible and spelled correctly.
  2. Assigned RFA CSW submits a Background Clearance Request form to the RFA Applications inbox, dcfsrfaapplications@dcfs.lacounty.gov, ensuring the applicant/adult names are legible and spelled correctly.
  3. RFA Intake staff enters requests into CCTS for RFA applicants/adults.

SCSW Responsibilities

  1. Ensure the completed RFA 01A is emailed to RFA Intake within two (2) calendar days of placement.
  2. Check e-mail via Outlook to receive notification that the applicant has been Live Scanned.
  3. Retrieve automated results via Outlook with the CCTS link. Confer with the CSW regarding the criminal clearance results, if necessary.

Referring an Out-of-County Individual to Live Scan

CSW Responsibilities

  1. Submit the completed DCFS 5600 form to the Live Scan Inbox at DCFSLivescan@dcfs.lacounty.gov.
  2. Live Scan staff will collaborate with the CSW and the client to determine the appropriate live scan site for the out-of-county applicant.
  3. Live Scan staff will send the completed BCIA 8016 to the CSW and/or client.
    1. The applicant must take the BCIA 8016 to the Live Scan site.
    2. Inform the applicant of possible fees on-site and of the identification requirements.
    3. Inform the applicant they must present a valid and unexpired photo ID.
  4. When considering the placement of a child with an out-of-state relative or non-relative extended family member, follow existing procedures on the Interstate Compact on the Placement of Children (ICPC).
    • The approval of a relative’s home who resides outside of California will be based on the approval standards of that particular state including criminal clearances.

Receiving and Responding to an Arrest Notification from the Department of Justice

CSW Responsibilities

  1. Review the results of the Subsequent Arrest Notification.
  2. Assess the home immediately for the safety of the child if the conviction of the caregiver prohibits the child from remaining in the home due to a crime that exceeds a minor traffic violation.
  3. Conduct an investigation of the circumstances surrounding the arrest. Interview any witnesses and obtain copies of police reports.
    1. Determine whether or not the person’s arrest poses a risk to the child placed in the home.
    2. Remove the child if they are deemed at immediate risk.
    3. Provide information regarding the investigation to the person to whom it relates, if the information is a basis for prohibiting the child from remaining in the caregiver’s home.
  4. If the caregiver was convicted of a crime which is not on the prohibited list and a decision is made to allow the child to remain in the home of a relative or non-relative extended family caregiver, submit a Waiver Request packet and follow the procedures.
  5. Provide a copy of the Subsequent Arrest Notification to the ASFA unit located in your office.
    1. CSWs may request Subsequent Arrest Notification Service for relatives and non-relative extended family members.
  6. The receipt of a Subsequent Arrest Notification for an individual will be terminated in the following instances:
    1. That individual moves out of the home
    2. A prospective relative caregiver’s or non-relative extended family member’s home was not approved or not used
    3. A child who was placed in an individual’s home leaves (e.g. is replaced, returns home, etc.).
      1. If other children remain placed in the home, do not terminate the Subsequent Arrest Notification
      2. The relative caregiver or non-relative extended family member is no longer providing care for the child
      3. At the time Kinship Guardianship has been granted to the relative caregiver
      4. At the time that an Adoption is finalized
  7. When an arrest notification is no longer required, proceed as follows:
    1. To discontinue the Subsequent Arrest Notification, complete theNo Longer Interested” (NLI) Notification, request via CCTS by completing the following:
      1. Search for the applicant’s record by searching CCTS.
      2. Click the “Create/Update No Longer Interested Request” button located on a display summary request.
      3. Enter or confirm the applicant type, date of birth, and sex before clicking on the “Submit NLI Request” button.
  8. To cancel a NLI request for any reason, click on the “Cancel NLI Request” button prior to the “NLI submitted to DOJ.”
  9. Print a copy of the NLI request to file in the Placement Notebook.
  10. Document the date the NLI was created in the Contact Notebook.

SCSW Responsibilities

  1. Ensure the NLI action was completed for all relevant individuals when applicable. If appropriate, discuss any concerns with the CSW, and ensure that the BCII 8302 form is faxed to DOJ at (916) 227-4722.

Working with Individuals Who Cannot be Live Scanned

CSW Responsibilities

For Applicants who cannot be Live Scanned due to a Physical Disability:

  1. Complete the BCII 9010, Request for Department of Justice Name Check.
  2. Instruct the individual to verify that theycannot be fingerprinted by taking the BCII 9010 to a law enforcement agency to confirm.
  3. Obtain the BCII 9010 from the individual once law enforcement has signed the bottom.
  4. Email the signed BCII 9010 to the Live Scan Inbox at DCFSLivescan@dcfs.lacounty.gov

For Applicants with Fingerprints Unreadable by Live Scan:

  • If an applicant’s fingerprints are unreadable by the Live Scan machine, DOJ will immediately send a rejection letter electronically to the Live Scan Technician, requesting a second set of prints.
  • If the second set of prints remains unreadable, DOJ will automatically conduct a manual name search and issue a certificate indicating whether the applicant has any reportable criminal history.
  • A FBI manual search will automatically be initiated after two failed fingerprinting attempts. A certificate indicating whether the applicant has any reportable criminal history will be issued.

Responding to an Applicant who is Physically Unable to go to a Live Scan Site:

  1. If applicable, submit the completed DCFS 5600 form to the Live Scan Inbox at DCFSLivescan@dcfs.lacounty.gov.
  2. Note the reason the client would not be able to physically complete the Live Scan.
  3. The Live Scan staff will contact the client and provide instruction for client to obtain a signed, witness statement from Law Enforcement, after which, Live Scan staff can process a manual name check. 

Seeking and Receiving Information from Child Abuse Central Index (CACI) Database

CSW Responsibilities

  1. If the person has submitted to a Live Scan, check the Live Scan Results for the CACI results.
  2. If the Live Scan results do not indicate the CACI search results, or the results have not been received within 10 business days, complete the BCIA-4084, Facsimile Inquiry for Child Abuse Central Index Check (CACI).
  3. Fax it to the Department of Justice (DOJ):
    • (916) 731-2101
    • (916) 731-2189 (after hours, holidays and weekends)
  4. If the clearance was conducted to assess the home of a prospective caregiver, proceed with the placement if the CACI clearance and all other factors suggest that the placement will be safe.
  5. If the clearance was conducted to investigate the history of the parents and children in a case, assess the history to assist in determining the risk level to the children as well as assisting in the development of the case plan.
  6. Forward the CACI results to the Dependency Investigator.

DI CSW Responsibilities in a Pre-Disposition Case

  1. The CSW will forward the CACI results to the Dependency Investigator.
  2. Contact the agency that submitted the BCIA 8583, Child Abuse or Severe Neglect Indexing Form, to the Department of Justice when the report’s results meet both of the following criteria are met:
    • Received on a person whose results had been “delayed for 60 days,” or
    • Indicates an investigation that was not previously documented in CWS/CMS
  3. Ask that agency to provide all available information regarding the incident. 
    • If the CACI results indicate an investigation that was not previously documented in CWS/CMS, consult with the SCSW to evaluate any risk that the results indicate.
  4. Notify the person undergoing the CACI of any new information revealed.
  5. Document all information regarding the incident and all comments/information on the person undergoing the CACAI in the Contact Notebook.
  6. Discuss your findings with the case-carrying SCSW.

DI SCSW Responsibilities in a Pre-Disposition Case

  1. Review the CACI results, information gathered from investigating agencies regarding the allegations, and the person’s statements.
  2. Consult with the case-carrying SCSW to consider a new placement, or to update the case plan, if necessary to ensure the safety of the child.

Case-Carrying CSW's Responsibilities When Receiving Results of a VFM/VFR Case Post-Disposition

  1. Contact the agency that submitted the BCIA 8583 to the Department of Justice, when the results are received on a person whose results had been “delayed for 60 days” and the results indicate an investigation that was not previously documented in CWS/CMS.
  2. Ask that agency to provide all available information regarding the incident. 
  3. Notify the person undergoing the CACI of any new information revealed.
  4. Document all information regarding the incident and all comments/information on the person undergoing the CACI in the Contact Notebook.
  5. If the CACI results indicate an investigation that was not previously documented in CWS/CMS, consult with your SCSW to evaluate any risk that the results indicate.

SCSW Responsibilities When Receiving Results of a VFM/VFR Case Post-Disposition

  1. Review the CACI results, information gathered from investigating agencies regarding the allegations, and the person’s statements.
  2. Instruct the CSW to update the case plan, and/or replace the child from their relative placement, based upon the risk to the child.

Family Children’s Index (FCI) Search on Referrals

SAAM’s Unit Responsibilities

  1. Search FCI for all persons listed on the referral and the referral address. If records are found, note finding by selecting agency acronym under the “Agency” column on the screen.
  2. Print and attach any results to the referral (including no record on FCI) and any printed agency contact information that is provided the CSW/SCSW.
    • File in the case activity folder.
    • File any subsequent searches alongside the initial searches.
  3. Forward both the records found and the agency contact information to the CSW. 

CSW Responsibilities

  1. Review the FCI Report.
  2. If the FCI Report indicates that the family had contact with other public agencies, all listed agencies must be contacted prior to closing the referral or promoting the referral to a case.
    • Use the Department(s) contact information attached to the referral to complete the investigation. 
    • Contact co-located DMH staff for a case consultation, if a record is found on DMH.
    • If the Department contact information is not attached to the referral, locate the Department FCI contact list on LA Kids by logging into the FCI link.
      • Click on the “Agencies List” in the navigation bar at the top of any screen for an alphabetic list of all the participating agencies.
  3. If other FCI participating county departments or partner agencies do not respond within 5 business days from the time when the request was made, e-mail the DCFS FCI leads at FCILead@dcfs.lacounty.gov with the following information:
    • FCI record number
    • Name of participating department
    • Participating agency contact name
  4. Document all contacts and attempted contacts with the agency in the Contact Notebook. 
  5. File the FCI search results printout in the Case Activity Folder.

It is mandatory for CSWs, SCSWs or HSAs to follow-up on all FCI hits, except under the following circumstances:

  • DCFS matches/hits were downloaded from CWS/CMS or CalSAWS records. These records are reviewed as a part of every investigation and are not an FCI task.
  • A FCI hit has been followed-up in a prior DCFS investigation, the information is documented in the prior case record or CWS/CMS, and the information is available to the currently assigned worker.
    • The review of the historical information must be reviewed and documented.
  • A FCI hit occurred prior to the last referral and was obtained from the CWS/CMS or from a hardcopy record from the previous investigation.  Any subsequent FCI hits after the last prior referral are subject for further investigation or must be cleared.
  • A FCI hit from LASD, LAPD, or other law enforcement agencies where the prior referral folder & CWS/CMS contain a full documentation of the outcome of the incident, and E-SCARS has been checked to confirm the law enforcement disposition is the same as stated in the prior referral investigation.
    • Departmental FCI hits are often linked to “At-Risk” filters that are tied to abuse and neglect referrals, including DA, LASD, DMH, DHS, and LAPD referrals.
    • Necessary and pertinent collateral information should already be contained in prior referral history. 
    • Before using the historical DCFS records, the CSW/SCSW must ensure that the current FCI hit is an exact record match to the one recorded and referenced in the prior referral history
  • A DMH hit when the information is available, via the most recent therapist and the information is obtained via parental consent or an MDT outside of the DMH centralized FCI unit (e.g. an MDT with the DMH Specialized Foster Care unit).

Receiving a FCI Request Made from Another Department

Verifying Users Responsibilities

  1. Prior to sharing information, verify the requestor’s identity and right to access.

Public Inquiry Responsibilities

  1. All inquiries should be responded to immediately, and most must be responded to within three business days (72 hours) of the time the inquiry was made.
  2. Search for the name of the requesting party on the FCI online system in under “List of Users:”
    1. If the person making the inquiry is not on the list, inform the requesting party that they need to get approval from their agency’s Program Manager to access to the system.
    2. Obtain the contact information for an agency’s Program Manager from the ‘Quick Reference’ link on the “User List” screen.
    3. If the person making the inquiry is from an agency that is not listed in “Agency Program Managers” section of the “Quick Reference” screen, their agency is not one of the participating agencies and must be directed to the agency’s Program Manager.
  3. If an inquiry is made via phone, ask the user a “Verification Question,” located on the “User List” screen.
    1. If the requesting party is listed as a user but does not have a verification question in the “Q/A” column, instruct them to log into the FCI system and create one by clicking on ‘Information & Options’ and choosing ‘Change your Verification Question.  If the user has never activated their account, they can view a quick tutorial on how to do so.
  4. If an inquiry is made via email, find the requesting party in the “User List,” call the person, proceed as if the inquiry were via phone.
  5. If the account of a user making an inquiry is disabled, inform the Program Manager of the situation, along with the name and agency of the user.
  6. Log the inquiry in the Department Assignment Control System (DACS).
  7. Search CWS/CMS to locate and determine the case/referral status.
    1. If case/referral is closed, gather the pertinent information and forward to the requestor within 72 hours.
    2. If case/referral is open, forward the request to the applicable ARA.
    3. Provide the requestor with the name and telephone number of the ARA to whom the request was sent as well as the referral disposition and allegations.
      1. Names, addresses and phone numbers may be shared over the phone to an authorized caller

ARA or ARA Designee Responsibilities

  1. Within 72 hours of receiving the FCI request, forward the requesting party with the following information:
    • Name(s), address(es), telephone number(s), date(s) of birth, and place(s) of birth of individual and/or family members
    • Case number assigned by the agency providing the data
    • Name and telephone number of employee(s) assigned to provide further information on the case to multi-disciplinary personnel team
    • Dates of contact between the agency providing data and a family member or members
  2. Notify Public Inquiry when the request is completed.

Completing a CWS/CMS Clearance

ER/DI/G & RFA CSW Responsibilities

  1. Complete a CWS/CMS search in the following situations:
      • Investigating reports of alleged child abuse, neglect, or exploitation
        • A clearance is required on parents and alleged perpetrators, including history of a parent as a child and out-of-county history.
        • Consult with SCSW to determine if a clearance is necessary on other adults living in the home.
        • If necessary, utilize the CWS/CMS Search Tips for Child Abuse Referrals.
    • Placement of a child in the home of a non-offending parent
    • Assessing the home of a prospective relative/non-relative extended family member caregiver
    • Assessing the home of a prospective legal guardian or adoptive parent
    • A new person moves into the household of the identified child victim
    • Prior to returning a child to the home of their parent
    • Attempting to locate siblings of the identified child victim
    • Assessing a license-exempted day care provider, including an in home provider and/or relative or non-relative extended family member
    • Recommending unmonitored visits for any adult
  2. Document the CWS/CMS clearance results in the Contact Notebook and/or Investigation Narrative for ER.
  3. If the adult and/or child have a record on CWS/CMS, review the history, the investigation, the conclusion of the referral and/or case, if any child welfare services were provided, and the family’s prior level of compliance. 
    • This information must be evaluated by the CSW and SCSW when assessing the child’s safety.
  4. Discuss prior DCFS history with the person and document the person’s statements in the Contact Notebook.
  5. Ensure timely updates of changes to contact information.
  6. If the person has a record on CWS/CMS, the SCSW will evaluate the information to determine the risk that person may pose to the child.

Completing a California Statewide Automated Welfare System (CalSAWS) Clearance

ER/DI/G & ARPD CSW Responsibilities

  1. Submit a request for CalSAWS clearance in any of the following circumstances:
    • Investigating reports of alleged child abuse, neglect, or exploitation
    • Placement of a child in the home of a non-offending parent
    • Assessing the home of a prospective relative caregiver, a prospective non-relative extended family member, or a prospective legal guardian or adoptive parent
    • A new person moves into the household of the identified child victim
    • Prior to returning a child to the home of their parent
    • Attempting to locate siblings of the identified child victim
    • Assessing a license-exempted day care provider, including an in-home provider and/or relative or non-relative extended family member
    • Recommending unmonitored visits with any adult
  2. Request a WCMIS search and printout (Case Summary Document (CSD -1)from your assigned unit clerk.  Provide the name and date of birth of each child and adult in the home for whom a clearance is required.
  3. Document the CalSAWS clearance results in the Contact Notebook and/or Investigation Narrative for Emergency Response.
  4. If the adult and/or child have a record on CalSAWS, review the history, the results of the investigation, the conclusion of the referral and/or case, if any child welfare services were provided, the family’s prior level of compliance.
    • This information must be evaluated by the CSW and SCSW when assessing the child’s safety.
  5. Discuss prior DCFS history with the person, and document the person’s statements in the Contact Notebook.
  6. File the LRS CSD – 1 in the Services Eligibility Folder.
  7. If the person has a record on CWS/CMS, the SCSW will evaluate the information to determine the risk that person may pose to the child.
APPROVALS
None
HELPFUL LINKS

Attachments

Acceptable Types of Forms of Identification

CLETS: Appropriate Requests for Criminal History Information

CWS/CMS Search Tips for Child Abuse Referrals

DCFS Office Location Codes

Exportable Information into the FCI System

WCMIS – How to Read a WCMIS Printout

WCMIS Case Person Summary

Referenced Guide – When to Obtain a Clearance

Forms

LA Kids

DCFS 5600, Live-Scan Criminal History Request

DCFS 5600-A, Criminal History CLETS / NCIC III Request

DCFS 5600-B, Criminal History CLETS Request-Investigations

DCFS 5602, WIC 361.4 Exemption Request

BCIA-4084, Request for Child Abuse Central Index (CACI)

BCIA 8016, Request for Live Scan Service

BCIA 8020, Request for Applicant Name Check by the Federal Bureau of Investigation

BCIA-8049, Contract for Subsequent Arrest Notification Service

BCII 8043, Applicant Fingerprint Card Follow-Up Request California Applicant Live-Scan Services List

BCII 8302, No Longer Interested Notification (NLI) Notification

BCIA 8583, Child Abuse or Severe Neglect Indexing Form

BCII 9004, Request for Exemption from Mandatory Electronic Fingerprint Submission Requirement

BCII 9010, Request for DOJ Name Check

How to Obtain a Consulate ID from the Consulate of Mexico

RFA 01A (Spanish), Resource Family Application

Hard Copy

Case Summary Document (CSD 1)

FCI Search Results Printout

REFERENCED POLICY GUIDES

0070-548.17, Completion and Submission of the BCIA 8583, Child Abuse or Severe Neglect Indexing Form

0100-520.70, Exemptions for Criminal History Records

0100-525.10, Interstate Compact on the Placement of Children (ICPC)

STATUTES AND OTHER MANDATES

All County Letter (ACL 15-67) - States that a parenting NMD residing in a SILP is eligible for an additional $200 per month after the completion and approval of a parenting support plan (PSP) with an approved adult mentor.

ACL 16-50 - Provides further clarification on parenting NMD's eligibility for an additional $200 per month, including specific questions and answers.

Civil Code (CC) Section 56.10 (c) – Describes when a provider of health care or a health care service plan may disclose medical information.

CC Section 56.104 – Authorizes a health care provider or a health care service plan to disclose information relevant to the incident of child abuse or neglect that may be given to an investigator from an agency investigating the case, including the investigation report and other pertinent materials that may be given to the licensing agency.

CDSS MPP Division 31-405.1 – Explains that when a social worker is arranging a child’s placement, the social worker will assess all factors required in WIC Section 361.3.

CDSS Resource Family Approval Written Directives (Ver. 7) Section 4-08 – Details emergency placements for minors and nonminor dependents pursuant to WIC sections 309, 361.4, 361.45.

Health and Safety Code (HS) Section 1522 - Addresses fingerprint, criminal records, exemption, and criminal record clearance requirements for prospective caregivers and other adults with significant contact with a child/youth.

Penal Code (PEN) Section 11165.12 – In part, defines the following types of child abuse investigation dispositions: "Unfounded report," "substantiated report," and “inconclusive report.”

PEN Section 11170(a) – The Department of Justice shall maintain an index of all reports of child abuse and severe neglect submitted.... The index shall be continually updated by the department and shall not contain any reports that are determined to be unfounded. The department may adopt rules governing record keeping and reporting pursuant to this article.

PEN Section 11170(b)(3) – The Department of Justice shall make available to a law enforcement agency, county welfare department, or county probation department that is conducting a child abuse investigation relevant information contained in the index.

WIC Section 361.3 – States that when a child is removed from the custody of his/her parents, preferential consideration shall be given to a request by a relative of the child for placement of the child with the relative. Provides a list of factors that should be taken into consideration when determining if a relative placement is appropriate. Defines preferential consideration and relative consideration.

WIC Section 361.4 – States that prior to placing a child in the home of a relative, or the home of any prospective guardian or other person who is not a licensed or certified foster parent, the social worker shall ascertain the appropriateness of the placement by conducting a criminal background check.

WIC Section 361.4(c) – States, in part, that whenever a child may be placed in the home of a relative, or a prospective guardian or other person who is not a licensed or certified foster parent, the county social worker shall cause a check of the Child Abuse Index … to be requested from the Department of Justice. The Child Abuse Index check shall be conducted on all persons over the age of 18 years living in the home.

WIC Section 361.45 – States, in part, that when a nonminor dependent is placed in the home of a relative or nonrelative extended family member, the home shall be approved using the standards set forth in the regulations described by Health and Safety Code Section 1502.7. See also CDSS Resource Family Approval Written Directives (Ver. 7) Section 4-08. See various All County Letters, including ACL 21-88, that describe emergency funding for children and nonminor dependents placed with family members or nonrelated extended family members pending Resource Family Approval pursuant to WIC sections 309, 361.4, and 361.45.

WIC Section 366.21(f) – States that at the permanency hearing, the court shall consider the criminal history… of the parent or legal guardian subsequent to the child's removal, provided that he or she agreed to submit fingerprint images to obtain criminal history information as part of the case plan.

WIC Section 16501.27 – Lists the basic requirements for approval of an adult mentor as part of the PSP with a parenting NMD.

WIC Section 16504.5 – Authorizes a child welfare agency to initiate or submit a criminal background check when an investigation involves a child in which the child is alleged to come within the jurisdiction of the juvenile court…, evaluating the home of a relative or non-relative extended family member, when attempting to locate a parent or guardian of a child who is the subject of dependency court proceedings, and when determining the suitability for reunification of a parent or legal guardian with a dependent child subject to the jurisdiction of the juvenile court.

WIC Section 18961 – Authorizes county agencies to share certain identifying information regarding families who are at-risk for child abuse or neglect for the purpose of forming multi-disciplinary teams.

WIC Section 18961.5 – States, in part, that any county may establish a computerized database system within that county to allow provider agencies to share identifying information, regarding families at risk for child abuse or neglect for the purposes of forming a multidisciplinary personnel team, for the prevention, identification, management, or treatment of child abuse or neglect, or for the provision of child welfare services to a child or child's family….

WIC Section 18961.6 – States, in part, that if the County of Los Angeles establishes a database, the database may include the convictions of family members and persons living in the child's home for crimes that involved a child as a victim. Entered convictions, however, shall only be accessible to those provider agencies, currently entitled to obtain criminal history records. These provider agencies shall include, but not be limited to, children's services, probation, and law enforcement.

WIC Section 18961.7 – Allows the formation of a child abuse multidisciplinary team for the purpose of investigating reports of child abuse or neglect made pursuant to Section 11160, 11166, or 11166.05 of the Penal Code, or for the purpose of child welfare agencies making a detention determination.