How Long Does a CFS Investigation Take in San Bernardino County?

Most San Bernardino County CFS investigations are designed to conclude in about 30 days, though some run longer. The case ends with a finding of unfounded, inconclusive, or substantiated. A substantiated finding can have consequences long after the worker stops calling, including a listing on California’s Child Abuse Central Index (CACI).

How quickly CFS must respond

California child welfare rules generally sort referrals into an immediate response, with in-person contact within about 24 hours, and a non-emergency response, within up to 10 calendar days. Distance across the High Desert and mountain communities does not change those targets, but it can affect how and when interviews happen.

The three findings

Penal Code section 11165.12 defines them:

• Unfounded: false, inherently improbable, an accidental injury, or not abuse or neglect as defined by law.
• Inconclusive: not unfounded, but insufficient evidence to determine whether abuse or neglect occurred.
• Substantiated: the investigator determines, based on evidence that makes it more likely than not, that abuse or neglect occurred.

What a substantiated finding means for CACI

Under Penal Code section 11169, agencies forward substantiated reports of child abuse and severe neglect to the California Department of Justice, and they must send written notice to the person listed. General neglect reports are not forwarded. A listing can surface in background checks for child care, teaching, health care, foster care, and adoption.

The 30-day deadline many parents miss

State grievance procedures require your request for a hearing, on form SOC 834 or in a signed written request, to be received by the county within 30 calendar days of the date on the notice. Missing it can waive the hearing. Open every envelope from CFS, and call an attorney the day one arrives.

The hearing request can be denied if a court has already determined the abuse or neglect occurred, so dependency findings and CACI strategy need to be coordinated from the start.

If CFS files a petition

A petition under Welfare and Institutions Code section 300 moves the case to the Juvenile Dependency Court at 860 E. Gilbert Street, San Bernardino. If your child is detained, the jurisdiction hearing is generally set within 15 court days (section 334). Learn more about juvenile dependency in San Bernardino County.

How an attorney can change the outcome

Before a finding, counsel can organize records, identify witnesses, get medical opinions, and respond to the worker’s concerns. After a finding, counsel can pursue the grievance. Read about fighting false allegations and how CFS investigations work.

Frequently asked questions

Will I be told if I am listed on CACI?

The agency must send written notice, but mail goes astray. If you moved during the investigation, tell your attorney.

Does an inconclusive finding go on CACI?

Under current law, only substantiated reports are forwarded to the Department of Justice.

Can a CACI listing be removed?

Yes, it can be removed if the listing is determined to be unsupported through the grievance process or another route. Deadlines are strict.

Talk to a CFS defense attorney before your next conversation with the social worker. Call ALL Trial Lawyers at 866-811-4255, available 24/7.

This article is general information, not legal advice, and reading it does not create an attorney-client relationship. Every case turns on its own facts. Attorney advertising. Prior results do not guarantee a similar outcome.