Today's Law As Amended


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AB-1544 Child Abuse Central Index.(2023-2024)



As Amends the Law Today


SECTION 1.

 Section 11169 of the Penal Code is amended to read:

11169.
 (a) An  Except for a police department or sheriff’s department, an  agency specified in Section 11165.9 shall forward to the Department of Justice a report in writing of every case it investigates of known or suspected child abuse or severe neglect that is determined to be substantiated, other than cases coming within subdivision (b) of Section 11165.2. An agency shall not forward a report to the Department of Justice unless it has conducted an active investigation and determined that the report is substantiated, as defined in Section 11165.12. If a report has  previously been  filed which report  subsequently proves to be not substantiated, the Department of Justice shall be notified in writing of that fact and shall not retain the report. The reports required by this section shall be in a form approved by the Department of Justice and may be sent by fax or electronic transmission. An agency specified in Section 11165.9 receiving a written report from another agency specified in Section 11165.9 shall not send that report to the Department of Justice.
(b) On and after January 1, 2012, a police department  A police  or sheriff’s department specified in Section 11165.9 shall no longer  to which a report is made on or after January 1, 2024, pursuant to Section 11165.9, may  forward to the Department of Justice a report in writing of any case it investigates  its investigation  of known or suspected child abuse or severe neglect. neglect that is determined to be substantiated, other than cases coming within subdivision (b) of Section 11165.2. A police or sheriff’s department shall not forward a report to the Department of Justice pursuant to this subdivision unless it has conducted an active investigation and determined that the report is substantiated, as defined in Section 11165.12. If a previously filed report subsequently proves to be not substantiated, the Department of Justice shall be notified in writing of that fact and shall not retain the report. A police or sheriff’s department that forwards a report to the Department of Justice pursuant to this subdivision is subject to all of the requirements imposed by this section and shall adopt notification and grievance procedures as set forth in Section 11169.5. 
(c) At the time an agency specified in Section 11165.9 forwards a report in writing to the Department of Justice pursuant to subdivision (a),  (a) or (b),  the agency shall also notify in writing the known or suspected child abuser that he or she has  they have  been reported to the Child Abuse Central Index (CACI).The  (CACI). The  notice required by this section shall be in a form approved by the Department of Justice.  department.  The requirements of this subdivision shall apply with respect to reports forwarded to the department on or after the date on which this subdivision becomes operative.
(d) Subject to subdivision (e), any a  person who is listed on the CACI has the right to a hearing before the agency that requested his or her  the person’s  inclusion in the CACI to challenge his or her  their  listing on the CACI. The hearing shall satisfy due process requirements. It is the intent of the Legislature that the hearing provided for by this subdivision shall not be construed to be inconsistent with hearing proceedings available to persons who have been listed on the CACI prior to the enactment of the act that added this subdivision.
(e) A hearing requested pursuant to subdivision (d) shall be denied when a court of competent jurisdiction has determined that suspected child abuse or neglect has occurred, or when the allegation of child abuse or neglect resulting in the referral to the CACI is pending before the court. A person who is listed on the CACI and has been denied a hearing pursuant to this subdivision has a right to a hearing pursuant to subdivision (d) only if the court’s jurisdiction has terminated, the court has not made a finding concerning whether the suspected child abuse or neglect was substantiated, and a hearing has not previously been provided to the listed person pursuant to subdivision (d).
(f) Any A  person listed in the CACI who has reached 100 years of age shall have his or her  their  listing removed from the CACI.
(g) Any A  person listed in the CACI as of January 1, 2013, who was listed prior to reaching 18 years of age, and who is listed once in CACI with no subsequent listings, shall be removed from the CACI 10 years from the date of the incident resulting in the CACI listing.
(h) If, after a hearing pursuant to subdivision (d) or a court proceeding described in subdivision (e), it is determined the person’s CACI listing was based on a report that was not substantiated, the agency shall notify the Department department  of Justice of  that result and the department shall remove that person’s name from the CACI.
(i) Agencies, including police departments and sheriff’s departments, shall retain child abuse or neglect investigative reports that result or resulted in a report filed with the Department of Justice pursuant to subdivision (a) or (b)  for the same period of time that the information is required to be maintained on the CACI pursuant to this section and subdivision (a) of Section 11170. Nothing in this section precludes This section does not prohibit  an agency from retaining the reports for a longer period of time if required by law.
(j) The immunity provisions of Section 11172 shall do  not apply to the submission of a report by an agency pursuant to this section. However, nothing in  this section shall be construed to  does not  alter or diminish any other immunity provisions of state or federal law.

SEC. 2.

 Section 11169.5 is added to the Penal Code, to read:

11169.5.
 (a) An entity that forwards a report of known or suspected child abuse or severe neglect to the Department of Justice pursuant to subdivision (b) of Section 11169 shall adopt notification procedures that, at a minimum, include all of the following requirements:
(1) Within five business days of submitting a person’s name to the department for listing on the Child Abuse Central Index (CACI), the entity shall send the following forms to the person’s last known address:
(A) A notice of the CACI listing.
(B) A description of the grievance procedures for challenging a listing on the CACI.
(C) A form to request a grievance hearing, including a referral number for the person’s case.
(2) The notice of the CACI listing required by paragraph (1) shall contain the following information:
(A) Notice that the entity has completed an investigation of suspected child abuse or severe neglect, which the entity has determined to be substantiated, and that the entity has submitted the person’s name to the Department of Justice for listing on the CACI.
(B) The victim’s name, a brief description of the alleged abuse or severe neglect, and the date and location where the abuse or neglect occurred.
(b) The Department of Justice shall create a grievance procedure for reports of known or suspected child abuse on the CACI that were submitted pursuant to subdivision (b) of Section 11169, that, at a minimum, include all of the following requirements:
(1) (A) A person who requests a grievance hearing shall, within 30 calendar days of the date of notice of the CACI listing, send by mail, fax, or electronic mail, or deliver in person to the department, a signed and completed request for grievance hearing form that includes all of the required information contained on the form. Failure to send the completed request for grievance hearing form within the required time period constitutes a waiver of the right to a grievance hearing.
(B) A completed request for grievance hearing form shall include the referral number, name of the entity that investigated the abuse or neglect, the person’s contact information and date of birth, the reason for grievance, and contact information for the person’s attorney or representative, if any.
(2) A grievance hearing shall be scheduled within 10 business days, and shall be held no later than 60 calendar days, after the date the request for a grievance hearing is received by the department, unless otherwise agreed to by the person requesting the hearing and the entity that forwarded the report.
(A) Notice of the date, time, and place of the grievance hearing shall be mailed by the department to the person requesting the hearing at least 30 calendar days before the grievance hearing is scheduled, unless otherwise agreed to by the person and the entity that forwarded the report.
(B) The person requesting the hearing may have an attorney or other representative present at the hearing to assist the person.
(C) Either party may request a continuance of the grievance hearing not to exceed 10 business days. Additional continuances or dismissal of the grievance hearing shall be granted with mutual agreement of both parties involved or for good cause.
(D) The entity that forwarded the report may resolve a grievance hearing at any point by changing a finding of substantiated child abuse or severe neglect to a finding of not substantiated and notifying the department of the need to remove the person’s name from the CACI.
(3) The person requesting the grievance hearing, or the person’s attorney or representative, if any, and the entity that forwarded the report shall be permitted, at least 10 days prior to the hearing, to examine all records and relevant evidence that is not otherwise made confidential by law, that the opposing party intends to introduce at the grievance hearing.
(A) The department shall redact names and personal identifiers from the records and other evidence as required by law and to protect the identity and health and safety of a mandated reporter. The department may also redact information regarding a mandated reporter’s observations of the evidence indicating child abuse or severe neglect, if necessary to protect the identity and health and safety of the mandated reporter.
(B) The entity that forwarded the report shall release disclosable information to the person’s attorney or representative only if the person has provided the entity that forwarded the report with a signed consent to do so.
(C) The person requesting the hearing and the entity that forwarded the report shall exchange witness lists at least 10 days in advance of the grievance hearing.
(D) Failure to disclose evidence or witness lists in advance of the grievance hearing may constitute grounds for the opposing party to object to consideration of the evidence or to object to allowing testimony of a witness during the hearing.
(4) Each party and their attorney or representative, and witnesses while testifying, shall be the only persons authorized to be present during the grievance hearing unless both parties and the department consent to the presence of other persons.
(5) All testimony given during the grievance hearing shall be given under oath or affirmation.
(A) Each party may call witnesses to the hearing and may question witnesses called by the other party. The department may limit the questioning of a witness to protect the witness from unwarranted embarrassment, oppression, or harassment.
(B) The department may permit the testimony or presence of a child at a hearing only if the child’s participation in the grievance hearing is voluntary and the child is capable of providing voluntary consent.
(i) The department may prevent the presence or examination of a child at a grievance hearing for good cause, including, but not limited to, protecting the child from trauma or to protect the child’s health, safety, or well-being.
(ii) The department may interview a child outside the presence of the parties in order to determine whether the participation of the child is voluntary or whether good cause exists for preventing the child from being present or testifying at the grievance hearing.
(C) The officer or employee of the entity who conducted the investigation that is the subject of the grievance hearing shall be present at the hearing if the officer or employee is available to participate in the grievance hearing.
(6) At the hearing, the entity that forwarded the report shall first present its evidence supporting its actions or findings that are the subject of the grievance. The person who requested the grievance hearing may then provide evidence supporting the person’s claim that the entity’s decision should be withdrawn or changed. The entity shall then be allowed to present rebuttal evidence in further support of its finding. Thereafter, the department may, at the department’s discretion, allow the parties to submit any additional evidence as may be warranted to fully evaluate the matter under review.
(7) The department shall have the proceedings of the grievance review hearing audio recorded as part of the official administrative record.
(A) The department shall maintain the administrative record of the grievance hearing.
(B) The department shall keep possession of the recording and transcript, and its contents shall remain under seal, except that the person who requested the grievance hearing or the person’s attorney or representative shall be entitled to inspect the recording and any related transcripts.
(C) If the person who requested the grievance hearing seeks to inspect the transcript, the cost for transcribing a recording of the hearing shall be assessed to that person.
(D) The department shall file the administrative record with the court if any party seeks judicial review of the final decision of the department in the grievance process.
(8) At the conclusion of the grievance hearing, the department shall make a determination based on the evidence presented at the grievance hearing, whether the allegation of child abuse or severe neglect is unfounded, substantiated, or inconclusive, as defined by Section 11165.12.
(A) The department shall render a written decision within 30 calendar days of the completion of the grievance hearing. The written decision shall contain a summary statement of the facts, the issues involved, findings, and the basis for the decision.
(B) A copy of the decision shall be sent to the person who requested the grievance hearing and the person’s attorney or representative, if any.
(C) If the person who requested the grievance hearing chooses to challenge the written determination, the evidence and information disclosed at the grievance hearing may be part of an administrative record for a writ of mandate and shall be kept confidential.
(D) The grievance hearing administrative record shall be kept confidential, including if any of the parties request that it be filed with the court under seal.
(9) The grievance hearing administrative record shall be retained for a length of time consistent with current law, regulations, or judicial order that governs the retention of the underlying record, but not less than one year from the decision date in any circumstance, and shall include all records accepted into evidence at the hearing.
(10) The department shall bill the entity that forwarded the report for expenses for the hearing.

SEC. 3.

 Section 11170 of the Penal Code is amended to read:

11170.
 (a) (1) The Department of Justice shall maintain an index of all reports of child abuse and severe neglect submitted pursuant to Section 11169. The index shall be continually updated by the department and shall not contain any reports that are determined to be not substantiated. The department may adopt rules governing recordkeeping and reporting pursuant to this article.
(2) The department shall act only as a repository of reports of suspected child abuse and severe neglect to be maintained in the Child Abuse Central Index (CACI) pursuant to paragraph (1). The submitting agencies are responsible for the accuracy, completeness, and retention of the reports described in this section. The department shall be responsible for ensuring that the CACI accurately reflects the report it receives from the submitting agency.
(3) Only information from reports that are reported as substantiated shall be filed pursuant to paragraph (1), and all other determinations shall be removed from the central list. If a person listed in the CACI was under 18 years of age at the time of the report, the information shall be deleted from the CACI 10 years from the date of the incident resulting in the CACI listing, if no subsequent report concerning the same person is received during that time period.
(b) The provisions requirements  of subdivision (c) of Section 11169 apply to any information provided pursuant to this subdivision.
(1) The Department of Justice  department  shall immediately notify an agency that submits a report pursuant to Section 11169, or a prosecutor who requests notification, of any information maintained pursuant to subdivision (a) that is relevant to the known or suspected instance of child abuse or severe neglect reported by the agency. The agency shall make that information available to the reporting health care practitioner who is treating a person reported as a possible victim of known or suspected child abuse. The agency shall make that information available to the reporting child custodian, Child Abuse Prevention and Treatment Act guardian ad litem appointed under Rule 5.662 of the California Rules of Court, or counsel appointed under Section 317 or 318 of the Welfare and Institutions Code, or the appropriate licensing agency, if he or she or  they  the licensing agency is handling or investigating a case of known or suspected child abuse or severe neglect.
(2) When a report is made pursuant to subdivision (a) of Section 11166, or Section 11166.05, the investigating agency, upon completion of the investigation or after there has been a final disposition in the matter, shall inform the person required or authorized to report of the results of the investigation and of any action the agency is taking with regard to the child or family.
(3) The Department of Justice  department  shall make relevant information from the CACI available to a law enforcement agency, county welfare department, tribal agency pursuant to Section 10553.12 of the Welfare and Institutions Code, or county probation department that is conducting a child abuse investigation.
(4) The department shall make available to the State Department of Social Services, to any county licensing agency that has contracted with the state for the performance of licensing duties, to a county approving resource families pursuant to Section 16519.5 of the Welfare and Institutions Code, or to a tribal court or tribal child welfare agency of a tribe, consortium of tribes, or tribal organization that has entered into an agreement with the state pursuant to Section 10553.1 of the Welfare and Institutions Code, information regarding a known or suspected child abuser maintained pursuant to this section and subdivision (a) of  or  Section 11169 concerning any person who is an applicant for licensure or approval, or any adult who resides or is employed in the home of an applicant for licensure or approval, or who is an applicant for employment in a position having supervisorial or disciplinary power over a child or children, or who will provide 24-hour care for a child or children in a residential home or facility, pursuant to Section 1522.1 or 1596.877 of the Health and Safety Code, or Section 8714, 8802, 8912, or 9000 of the Family Code, or Section 11403.2 or 16519.5 of the Welfare and Institutions Code.
(5) The Department of Justice  department  shall make available to a Court Appointed Special Advocate program that is conducting a background investigation of an applicant seeking employment with the program or a volunteer position as a Court Appointed Special Advocate, as defined in Section 101 of the Welfare and Institutions Code, information contained in the index regarding known or suspected child abuse by the applicant.
(6) For purposes of child death review, the Department of Justice  department  shall make available to the chairperson, or the chairperson’s designee, for each county child death review team, or the State Child Death Review Council, information for investigative purposes only that is maintained in the CACI pursuant to subdivision (a) relating to the death of one or more children and any prior child abuse or neglect investigation reports maintained involving the same victims, siblings, or suspects. Local child death review teams may share any relevant information regarding case reviews involving child death with other child death review teams.
(7) The department shall make available to investigative agencies or probation officers, or court investigators acting pursuant to Section 1513 of the Probate Code, responsible for placing children or assessing the possible placement of children pursuant to Article 6 (commencing with Section 300), Article 7 (commencing with Section 305), Article 10 (commencing with Section 360), or Article 14 (commencing with Section 601) of Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions Code, or Article 2 (commencing with Section 1510) or Article 3 (commencing with Section 1540) of Chapter 1 of Part 2 of Division 4 of the Probate Code, information regarding a known or suspected child abuser contained in the index concerning any adult residing in the home where the child may be placed, when this information is requested for purposes of ensuring that the placement is in the best interest of the child. Upon receipt of relevant information concerning child abuse or neglect investigation reports contained in the CACI from the Department of Justice  department  pursuant to this subdivision, the agency or court investigator shall notify, in writing, the person listed in the CACI that he or she is  they are  in the index. The notification shall include the name of the reporting agency and the date of the report.
(8) Pursuant to Section 10553.12 of the Welfare and Institutions Code, the department shall make available to a tribal agency information regarding a known or suspected child abuser maintained pursuant to this section or subdivision (a) of  Section 11169 who is being considered as a prospective foster or adoptive parent, an adult who resides or is employed in the home of an applicant for approval, any person who has a familial or intimate relationship with any person living in the home of an applicant, or an employee of the tribal agency who may have contact with children.
(9) The Department of Justice  department  shall make available to a government agency conducting a background investigation pursuant to Section 1031 of the Government Code of an applicant seeking employment as a peace officer, as defined in Section 830, information regarding a known or suspected child abuser maintained pursuant to this section concerning the applicant.
(10) The Department of Justice  department  shall make available to a county child welfare agency or delegated county adoption agency, as defined in Section 8515 of the Family Code, conducting a background investigation, or a government agency conducting a background investigation on behalf of one of those agencies, information regarding a known or suspected child abuser maintained pursuant to this section and subdivision (a) of  or  Section 11169 concerning any applicant seeking employment or volunteer status with the agency who, in the course of his or her  their  employment or volunteer work, will have direct contact with children who are alleged to have been, are at risk of, or have suffered, abuse or neglect.
(11) (A) Persons or agencies, as specified in subdivision (b), if investigating a case of known or suspected child abuse or neglect, or the State Department of Social Services or any county licensing agency pursuant to paragraph (4), or a Court Appointed Special Advocate (CASA) program conducting a background investigation for employment or volunteer candidates pursuant to paragraph (5), or an investigative agency, probation officer, or court investigator responsible for placing children or assessing the possible placement of children pursuant to paragraph (7), or a government agency conducting a background investigation of an applicant seeking employment as a peace officer pursuant to paragraph (9), or a county child welfare agency or delegated county adoption agency conducting a background investigation of an applicant seeking employment or volunteer status who, in the course of his or her  their  employment or volunteer work, will have direct contact with children who are alleged to have been, are at risk of, or have suffered, abuse or neglect, pursuant to paragraph (10), to whom disclosure of any information maintained pursuant to subdivision (a) is authorized, are 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 investigation, prosecution, licensing, placement of a child, employment or volunteer positions with a CASA program, or employment as a peace officer.
(B) If CACI information is requested by an agency for the temporary placement of a child in an emergency situation pursuant to Article 7 (commencing with Section 305) of Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions Code, the department is exempt from the requirements of Section 1798.18 of the Civil Code if compliance would cause a delay in providing an expedited response to the agency’s inquiry and if further delay in placement may be detrimental to the child.
(12) (A) Whenever information contained in the Department of Justice  department’s  files is furnished as the result of an application for employment or licensing or volunteer status pursuant to paragraph (4), (5), (8), (9), or (10), the Department of Justice  department  may charge the person or entity 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 section to process trustline applications for purposes of Chapter 3.35 (commencing with Section 1596.60) of Division 2 of the Health and Safety Code shall be deposited in a special account in the General Fund that is hereby established and named the Department of Justice Child Abuse Fund. Moneys in the fund shall be available, upon appropriation by the Legislature, for expenditure by the department to offset the costs incurred to process trustline automated child abuse or neglect system checks pursuant to this section.
(C) All moneys, other than those described in subparagraph (B), received by the department pursuant to this paragraph shall be deposited in a special account in the General Fund which is hereby created and named the Department of Justice Sexual Habitual Offender Fund. The funds shall be available, upon appropriation by the Legislature, for expenditure by the department to offset the costs incurred pursuant to Chapter 9.5 (commencing with Section 13885) and Chapter 10 (commencing with Section 13890) of Title 6 of Part 4, and the DNA and Forensic Identification Data Base and Data Bank Act of 1998 (Chapter 6 (commencing with Section 295) of Title 9 of Part 1), and for maintenance and improvements to the statewide Sexual Habitual Offender Program and the California DNA offender identification file (CAL-DNA) authorized by Chapter 9.5 (commencing with Section 13885) of Title 6 of Part 4 and the DNA and Forensic Identification Data Base and Data Bank Act of 1998 (Chapter 6 (commencing with Section 295) of Title 9 of Part 1).
(c) (1) The Department of Justice  department  shall make available to any agency responsible for placing children pursuant to Article 7 (commencing with Section 305) of Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions Code, upon request, relevant information concerning child abuse or neglect reports contained in the index, when making a placement with a responsible relative pursuant to Sections 281.5, 305, and 361.3 of the Welfare and Institutions Code. Upon receipt of relevant information concerning child abuse or neglect reports contained in the index from the Department of Justice  department  pursuant to this subdivision, the agency shall also notify in writing the person listed in the CACI that he or she is  they are  in the index. The notification shall include the location of the original investigative report and the submitting agency. The notification shall be submitted to the person listed at the same time that all other parties are notified of the information, and no later than the actual judicial proceeding that determines placement.
(2) If information is requested by an agency for the placement of a child with a responsible relative in an emergency situation pursuant to Article 7 (commencing with Section 305) of Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions Code, the department is exempt from the requirements of Section 1798.18 of the Civil Code if compliance would cause a delay in providing an expedited response to the child protective agency’s inquiry and if further delay in placement may be detrimental to the child.
(d) The department shall make available any information maintained pursuant to subdivision (a) to out-of-state law enforcement agencies conducting investigations of known or suspected child abuse or neglect only when an agency makes the request for information in writing and on official letterhead, or as designated by the department, identifying the suspected abuser or victim by name and date of birth or approximate age. The request shall be signed by the department supervisor of the requesting law enforcement agency. The written requests shall cite the out-of-state statute or interstate compact provision that requires that the information contained within these reports shall be disclosed only to law enforcement, prosecutorial entities, or multidisciplinary investigative teams, and shall cite the safeguards in place to prevent unlawful disclosure of any confidential information provided by the requesting state or the applicable interstate compact provision.
(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 Section 671(a)(20)  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.
(f) (1) Any A  person may determine if he or she is  they are  listed in the CACI by making a request in writing to the Department of Justice.  department.  The request shall be notarized and include the person’s name, address, date of birth, and either a social security number or a California identification number. Upon receipt of a notarized request, the Department of Justice  department  shall make available to the requesting person information identifying the date of the report and the submitting agency. The requesting person is responsible for obtaining the investigative report from the submitting agency pursuant to paragraph (11) of subdivision (b) of Section 11167.5.
(2) No A  person or agency shall not  require or request another person to furnish a copy of a record concerning himself or herself, the other person,  or notification that a record concerning himself or herself the other person  exists or does not exist, pursuant to paragraph (1).
(g) If a person is listed in the CACI only as a victim of child abuse or neglect, and that person is 18 years of age or older, that person may have his or her  their  name removed from the index by making a written request to the Department of Justice.  department.  The request shall be notarized and include the person’s name, address, social security number, and date of birth.