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CACI Check for Foster Care in California: Timelines, Exemptions, and Form LIC 301E

The background check process for California foster care applicants involves multiple databases, and one of the most misunderstood is the Child Abuse Central Index (CACI). It takes longer than the other checks, it can surface on records people didn't know they had, and it's one of the most common causes of RFA application delays. Here's what you need to know before you submit your paperwork.

What the CACI Actually Checks

The CACI is a statewide database maintained by the California Department of Justice that records substantiated child abuse reports. A "substantiated" report means a county welfare department investigated an allegation and concluded the abuse likely occurred.

Having a CACI record doesn't necessarily mean you were charged with a crime, prosecuted, or convicted. You can have a CACI record based solely on a social worker's administrative determination following a Child Protective Services investigation. This surprises many applicants who know they have no criminal record but don't realize they may have a CACI listing from an old CPS investigation.

How Long the CACI Check Takes

All adults aged 18 and older living in the household must undergo LiveScan fingerprinting as part of the RFA application. LiveScan captures fingerprints electronically and submits them to multiple databases simultaneously:

Background Check Database Typical Processing Time
DOJ State Criminal Records California Dept. of Justice 3 days
FBI National Criminal Records Federal Bureau of Investigation 5 days
CACI California Dept. of Justice 4 to 6 weeks
Megan's Law CA Sex Offender Registry Concurrent with DOJ
AARS Administrative Actions Internal CDSS check

The CACI check is the bottleneck. While DOJ and FBI results typically return within a week, CACI can take four to six weeks — and if there is a hit on any database, the clock resets. A single "hit" on a criminal record or a CACI listing can extend the background check phase to 75 days or more.

What Happens If There's a Hit

If the background check process surfaces a potential issue — whether a criminal record entry, a CACI listing, or both — the process does not automatically end your application. California provides an exemption process for records that are not automatic disqualifiers.

Automatic Disqualifiers

Under Health and Safety Code §1522, certain offenses result in an automatic denial with no exemption possible. These are generally:

  • Serious violent felonies (murder, rape, kidnapping, child molestation)
  • Sex offenses requiring registration under Megan's Law
  • Any offense where a child was the victim

If your record falls into one of these categories, the exemption process is not available.

Exemptible Offenses

Many other records — older felonies that have been reduced, misdemeanor charges, dismissed cases, and CACI listings — may be eligible for an exemption. To request one, you submit a written package to the CDSS Community Care Licensing (CCL) Division demonstrating:

  • Substantial and convincing evidence of rehabilitation — employment history, community ties, time elapsed since the incident
  • Good character evidence from people who know you well
  • A personal statement explaining the circumstances of the record

Form LIC 301E: The Character Reference

Character references submitted in support of a criminal record exemption use Form LIC 301E. This is not a casual letter of recommendation — it is a specific CDSS form that your references must complete, sign, and return to you (or directly to CCL, depending on county preference).

LIC 301E asks references to attest to:

  • How long and in what capacity they have known you
  • Their knowledge of the circumstances surrounding your record
  • Their assessment of your rehabilitation and fitness to care for children
  • Whether they would be comfortable with you serving as a resource family

You typically need three signed LIC 301E forms for an exemption package. References should be people with credible standing — employers, community leaders, clergy, teachers, coaches — not family members.

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The 45-Day Exemption Window

One of the most important — and least publicized — facts about the exemption process: you don't have to wait for a rejection letter to start preparing. Once you know you have a record that is likely to surface, begin preparing your exemption package immediately.

When a hit is identified, you typically have a 45-day window to respond. Families who are caught off guard by this — scrambling to gather three character references and draft a personal statement under deadline pressure — often miss the window or submit weak packages.

The practical move: before you submit your RFA application, pull your own DOJ record (you can request this through the California DOJ), research whether you have any CACI records (you have the right to know your CACI status under California Penal Code §11169.5), and prepare your LIC 301E references in advance.

Out-of-State Records

If you have lived in California for fewer than five years, or if any adult in your household has out-of-state history, additional out-of-state checks may be required. The FBI LiveScan check covers national records, but some states require separate direct requests. Processing time for out-of-state checks varies significantly and can be a multi-month delay if not initiated early.

Common Misunderstandings

"My charges were dismissed, so they won't show up." Dismissed charges still appear on criminal records and will require an exemption determination. The fact of dismissal is positive context for your exemption package but does not make the record invisible.

"I had a CPS case opened on me 20 years ago but it was closed — I have nothing to worry about." Closed cases are not the same as non-substantiated cases. If the original investigation resulted in a substantiated finding, the CACI entry may still be there.

"I'm applying as a kinship caregiver in an emergency — I don't have time to deal with this." Kinship caregivers in emergency placements still undergo background checks. Emergency clearances using CLETS (California Law Enforcement Telecommunications System) can provide temporary authorization, but the full LiveScan/CACI process must be completed, and any exemption issues still need to be resolved.

Be Transparent on RFA-01B

Form RFA-01B (Criminal Record Statement) asks all adults in the household to disclose criminal history. The instinct to omit minor or old incidents is understandable but counterproductive. The background check will surface what it surfaces regardless of what you disclose. Withholding information on RFA-01B when the record is later found can itself become a grounds for denial — it signals dishonesty. Disclosure, combined with a strong exemption package, almost always produces a better outcome than omission.

The background check phase is the most anxiety-provoking part of the RFA process for many applicants — but most people who go through it are approved. Preparation is the difference between a minor delay and a process that stalls for six months.

For detailed guidance on navigating the LiveScan, CACI, and exemption process — including what strong LIC 301E character references look like — the California Foster Care Licensing Guide covers the background check stage in full.

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