Cal. Code Regs. tit. 11 § 901

Current through Register 2024 Notice Reg. No. 15, April 12, 2024
Section 901 - Form Required for Submitting Report of Suspected Child Abuse or Severe Neglect
(a) Agencies required to report instances of known or suspected child abuse or severe neglect for inclusion in CACI pursuant to Penal Code 11169 shall make their report of known or suspected abuse or severe neglect on the BCIA 8583. All information on the BCIA 8583 must be fully and accurately completed by the submitting agency.
(b) The following BCIA 8583 shall be used for submitting reports of child abuse or severe neglect to the DOJ:

DEPARTMENT OF JUSTICE (DOJ)

CHILD ABUSE OR SEVERE NEGLECT INDEXING FORM (BCIA 8583)

GUIDELINES FOR USE AND COMPLETION

(For specific legal requirements regarding reporting abuse or severe neglect, refer to California Penal Code sections 11164 through 11174.3.)

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REPORTING CHILD ABUSE OR SEVERE NEGLECT TO DOJ

An agency subject to the requirements of Penal Code sections 11165.9 and 11169(a) must report to the DOJ every incident of suspected child abuse or severe neglect for which it conducts an investigation and for which it determines that the allegations of child abuse or severe neglect are not unfounded. The agency must report on the Child Abuse or Severe Neglect Indexing Form (BCIA 8583) indicating the agency's finding of possible child abuse or severe neglect.

Submit the completed BCIA 8583 to the DOJ as soon as possible after completion of the investigation because the information may contribute to the success of another investigation. It is essential that the information on the form be complete, accurate and timely to provide the maximum benefit in protecting children and identifying instances of suspected abuse or severe neglect.

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WHAT INCIDENTS MUST BE REPORTED

Abuse of a minor child, i.e., a person under the age of 18 years, involving any one of the below abuse types:

(Refer to Penal Code sections 11165.1 through 11165.6 for definitions.)

. Physical injury

. Mental/emotional suffering

. Sexual (abuse, assault and exploitation)

. Severe neglect

. Willful harming/endangerment

. Unlawful corporal punishment/injury

. Death

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GENERAL INSTRUCTIONS

. Indicate whether you are submitting an INITIAL REPORT or an AMENDED REPORT by checking the appropriate box at the top of the form.

. All information blocks contained on the BCIA 8583 should be completed by the submitting child protective agency. If information is not available, indicate "UNK" in the applicable field.

. Section B, block 2. The finding that allegations of child abuse or severe neglect are not unfounded is.

SUBSTANTIATED -- Defined by Penal Code section 11165.12(b) to mean circumstances where the evidence makes it more likely than not that child abuse or neglect, as defined, occurred.

INCONCLUSIVE -- Defined by Penal Code section 11165.12(c) to mean circumstances where child abuse or neglect are determined not to be unfounded, as defined, but the findings are inconclusive and there is insufficient evidence to determine whether child abuse or neglect, as defined, has occurred.

. Section C, AMENDED REPORT INFORMATION -- Only use this section to update information previously submitted on BCIA 8583. Attach a copy of the original BCIA 8583 and complete Sections A, C, and all other applicable fields.

CHANGED TO INCONCLUSIVE -- A previously submitted BCIA 8583 indicated as SUBSTANTIATED is being reclassified to INCONCLUSIVE.

CHANGED TO SUBSTANTIATED -- A previously submitted BCIA 8583 indicated as INCONCLUSIVE is being reclassified to SUBSTANTIATED.

NOW UNFOUNDED -- A previously submitted BCIA 8583 indicated as SUBSTANTIATED or INCONCLUSIVE is being reclassified to UNFOUNDED.

ADDED ADDITIONAL INFORMATION -- Supplementary information is being provided for a previously submitted BCIA 8583. (Cases in which subsequent child death has resulted must be reported.)

CORRECTED REPORT INFORMATION -- Check this box to indicate that information submitted on an initial BCIA 8583 is being corrected.

UNDERLYING INVESTIGATIVE FILE NO LONGER AVAILABLE -- Check this area if your agency no longer retains the underlying investigative file that supports a previously submitted BCIA 8583.

COMMENT -- Use this area only if you are reporting amended information that relates to one victim or suspect there is a need to clarify which victim or suspect the amended information applies to when the initial report contained multiple victims and/or suspects.

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WHERE TO SEND THE FORM(For DOJ Reporting Only)

Department of Justice

Bureau of Criminal Information and Analysis

P.O. Box 903387

Sacramento, CA 94203-3870

ATTENTION: Child Protection Program

Telephone: (916) 227-3285

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Cal. Code Regs. Tit. 11, § 901

1. New section filed 7-17-98; operative 7-17-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 29).
2. Amendment of section and NOTE filed 4-22-2002; operative 5-22-2002 (Register 2002, No. 17).
3. Amendment filed 5-12-2006; operative 6-11-2006 (Register 2006, No. 19).
4. Amendment of section heading, repealer and new section (including relocation and amendment of form BCIA 8583 from section 903 to section 901) and amendment of NOTE filed 1-5-2010; operative 1-5-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 2).

Note: Authority cited: Section 11170(a)(1), Penal Code. Reference: Sections 11169(a) and 11170(a)(1), Penal Code.

1. New section filed 7-17-98; operative 7-17-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 29).
2. Amendment of section and Note filed 4-22-2002; operative 5-22-2002 (Register 2002, No. 17).
3. Amendment filed 5-12-2006; operative 6-11-2006 (Register 2006, No. 19).
4. Amendment of section heading, repealer and new section (including relocation and amendment of form BCIA 8583 from section 903 to section 901) and amendment of Note filed 1-5-2010; operative 1-5-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 2).