Transcription
STATESTATUTESCurrent ThroughMay 2018WHAT’S INSIDEEstablishment andMaintenance of CentralRegistries for Child Abuseor Neglect ReportsPurpose of centralregistriesContents andmaintenanceSummaries of State lawsEvery State has procedures for maintaining recordsrelated to reports and investigations of child abuseand neglect. The term “central registry” is used bymany States to refer to a centralized database forthe statewide collection and maintenance of childabuse and neglect investigation records. For thispublication, laws regarding requirements for centralregistries were collected across all 50 States. Ananalysis of the information shows that all States, theDistrict of Columbia, American Samoa, Guam, andPuerto Rico require a system of maintaining theserecords, usually in some form of a central registry,in either statute or regulation.Children’s Bureau/ACYF/ACF/HHS800.394.3366 Email: info@childwelfare.gov https://www.childwelfare.govTo find statuteinformation for aparticular State,go aws-policies/state/.
Establishment and Maintenance of Central Registries for Child Abuse or Neglect ReportsIn approximately three States, the statutes do notauthorize statewide, centralized registries.1 In theseStates, the county agencies that receive the reports ofsuspected abuse or neglect are required to maintainthese records and submit the reports to the Statedepartment of social services. In most other States, theregistries are maintained by State departments of socialservices. In California and West Virginia, however, thecentral registries are maintained by the State police. TheNorthern Mariana Islands and the U.S. Virgin Islands donot address the issue of central registries in their statutes.Purpose of Central RegistriesCentral registries and the systematic record keeping ofchild abuse and neglect reports assist child protectiveservices in the identification and protection of abused andneglected children. Central registry reports are typicallyused to aid agencies in the investigation, treatment, andprevention of child abuse cases and to maintain statisticalinformation for staffing and funding purposes.Central registry records also are used to screen personswho will be entrusted with the care of children. AllStates and the District of Columbia, Guam, and PuertoRico require a check of central registry or departmentrecords for individuals applying to be foster or adoptiveparents or child or youth care providers. Information fromsubstantiated or founded reports is made available toemployers in the child care, education, and health-caresectors. All States, the District of Columbia, Guam, andPuerto Rico also require a check of central registry recordsas part of the background check for foster and adoptiveparent applicants.2The word “approximately” is used to stress the fact that States frequentlyamend their laws. This information is current through May 2018. Countyagencies are required in to maintain child abuse records in Minnesota, Ohio,and Wisconsin.2For more information on requirements to obtain central registry clearancesfor prospective foster and adoptive parents, see Child Welfare InformationGateway’s Background Checks for Prospective Foster, Adoptive, and KinshipCaregivers at elfare.govContents and MaintenanceThe type of information contained in central registries anddepartment records varies from State to State but usuallyincludes the child’s name and address; the name of themother, father, or guardian; the name of any siblings; thenature of the harm to the child; the name of the allegedperpetrator(s); and the findings of any investigations.Some States maintain all investigated reports of abuseand neglect in their central registries, while othersmaintain only substantiated reports. Who has accessto information maintained in registries and departmentrecords also varies among States.3 In addition, the lengthof time the information is held and the conditions forexpunction vary from State to State.4This publication is a product of the State StatutesSeries prepared by Child Welfare InformationGateway. While every attempt has been made to becomplete, additional information on these topicsmay be in other sections of a State’s code as well asagency regulations, case law, and informal practicesand procedures.Suggested citation:Child Welfare Information Gateway. (2018). Establishmentand maintenance of central registries for child abuse orneglect reports. Washington, DC: U.S. Department ofHealth and Human Services, Children’s Bureau.1For more information, see Information Gateway’s Disclosure of ConfidentialChild Abuse and Neglect Records at s-policies/statutes/confide/.4For more information, see Information Gateway’s Review and Expunctionof Central Registries and Reporting Records at s-policies/statutes/registry/.3This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information Gateway.This publication is available online at s-policies/statutes/centreg/.2
Establishment and Maintenance of Central Registries for Child Abuse or Neglect Reportshttps://www.childwelfare.govAlabamaCurrent Through May 2018EstablishmentCitation: Ala. Code § 26-14-8The Department of Human Resources shall establish a statewide central registry.PurposeCitation: Ala. Code § 26-14-8The purpose of the central registry is to: Contain reports of child abuse and neglect Prevent or discover abuse or neglect of children through the information contained thereinReports or records in cases determined to be 'not indicated' shall not be used or disclosed for purposes of employment or otherbackground checks.ContentsCitation: Ala. Code § 26-14-8The central registry shall contain: All information in any written reports The record of the final disposition of the report, including services offered and services accepted The plan for rehabilitative treatment The names of persons requesting information from the registryMaintenanceCitation: Ala. Code § 26-14-8Requests for information where no report exists may be destroyed 3 years from the date of the request.AlaskaCurrent Through May 2018EstablishmentCitation: Alaska Stat. § 47.17.040(a)The Department of Health and Social Services shall maintain a central registry.PurposeCitation: Alaska Stat. § 47.17.040(b)In accordance with department regulations, investigation reports may be used by appropriate governmental agencies with childprotection functions, inside and outside the State, in connection with investigations or judicial proceedings involving child abuse,neglect, or custody.ContentsCitation: Alaska Stat. § 47.17.040(a)The registry shall contain all investigation reports but not the reports of harm.MaintenanceThis issue is not addressed in the statutes reviewed.American SamoaCurrent Through May 2018EstablishmentCitation: Ann. Code § 45.2020A central registry for reports of child abuse, sexual abuse, or neglect is established within the Child Protection Agency of theDepartment of Human Resources.This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information Gateway.This publication is available online at s-policies/statutes/centreg/.3
Establishment and Maintenance of Central Registries for Child Abuse or Neglect : Ann. Code § 45.2021There is a single telephone number that all persons, whether mandated by law or not, may use to report cases of suspected childabuse, sexual abuse, or neglect to the central registry and that all persons so authorized by this chapter may use for determining theexistence of prior records in order to evaluate the condition or circumstances of the child before them.ContentsCitation: Ann. Code § 45.2022The registry contains, but is not limited to: All information in the written reports The final disposition of the report, including services offered and services accepted The plan for rehabilitative treatment The names, identifying dates, and circumstances of any persons requesting or receiving information from the registry Any other information that might be helpful in furthering the purpose of this chapterMaintenanceThis issue is not addressed in the statutes reviewed.ArizonaCurrent Through May 2018EstablishmentCitation: Rev. Stat. § 8-804(A)The Department of Child Safety shall maintain a central registry.PurposeCitation: Rev. Stat. §§ 8-804; 8-804.01The department shall use the information in the central registry only for the following purposes: As a factor to determine qualifications for foster home licensing, adoptive parent certification, child care home certification,registration of unregulated child care homes, and home and community-based services certification for services to children As a factor to determine qualifications for persons who are employed or who are applying for employment with the State, orcontractors and their employees, in positions that provide direct service to children As a factor to determine qualifications for individuals who are employed or who are applying for employment with a childwelfare agency in positions that provide direct service to children Beginning August 1, 2013, to provide information to licensees that do not contract with the State regarding persons who areemployed or seeking employment to provide direct services to children To identify and review reports concerning individual children and families, in order to facilitate the assessment of safety andrisk To determine the nature and scope of child abuse and neglect in this State and to provide statewide statistical anddemographic information concerning trends in child abuse and neglect To allow comparisons of this State's statistical data with national data To comply with § 8-804.01(B), which allows use of the records:»» To assess the safety and risk to a child when conducting an investigation or identification of abuse or neglect»» To determine placement for a child, including determining what is the least restrictive setting»» To determine type and level of services and treatment provided to the child and the child's family»» To assist in a criminal investigation or prosecution of child abuse or neglect»» To meet Federal and State reporting requirementsContentsCitation: Rev. Stat. § 8-804(A)-(B)A finding made by a court pursuant to § 8-844(C) that a child is dependent based upon an allegation of abuse or neglect shallbe recorded as a substantiated finding of abuse or neglect. The registry will maintain reports of child abuse and neglect that aresubstantiated and the outcome of investigations.This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information Gateway.This publication is available online at s-policies/statutes/centreg/.4
Establishment and Maintenance of Central Registries for Child Abuse or Neglect tion: Rev. Stat. §§ 8-804; 8-804.01If the department received a report before September 1, 1999, and determined that the report was substantiated, the departmentshall maintain the report in the central registry until 18 years from the child victim's date of birth.If the department received a report on or after September 1, 1999, and determined that the report was substantiated, thedepartment shall maintain the report in the central registry for a maximum of 25 years after the date of the report.All reports of child abuse and neglect and related records shall be maintained in the department's case management informationsystem in accordance with the timeframes established in the department's records retention schedule.ArkansasCurrent Through May 2018EstablishmentCitation: Ann. Code § 12-18-901There is established within the Department of Human Services a statewide Child Maltreatment Central Registry.PurposeThis issue is not addressed in the statutes reviewed.ContentsCitation: Ann. Code §§ 12-18-902; 15-18-906The Child Maltreatment Central Registry shall contain records of cases on all true investigative determinations of child maltreatment.Records of all cases in which allegations are determined to be unsubstantiated shall not be included in the central registry.MaintenanceCitation: Ann. Code §§ 12-18-904; 12-18-908; 12-18-910An offender's name shall remain in the central registry, unless any of the following occurs: The name is removed pursuant to this chapter or another statute. The name is removed under a rule. The name was provisionally placed in the registry, and the alleged offender subsequently prevails at an administrative hearing. The offender prevails upon appeal.If an adult offender is found guilty of, pleads guilty to, or pleads nolo contendere to an act that is the same act for which the offenderis named in the central registry, regardless of any subsequent expunction of the offense from the offender's criminal record, theoffender shall always remain in the central registry, unless the conviction is reversed or vacated.Hard copy records of unsubstantiated reports shall be retained no longer than 18 months for purposes of audit.Information on unsubstantiated reports included in the automated data system shall be retained indefinitely to assist the departmentand the State police in assessing future risk and safety.CaliforniaCurrent Through May 2018EstablishmentCitation: Penal Code § 11170The Department of Justice shall maintain an index of all reports of child abuse and severe neglect submitted pursuant to § 11169.PurposeCitation: Penal Code § 11170Information from the Child Abuse Central Index shall be provided to specific persons or agencies for the following purposes: For investigating a case of known or suspected child abuse or neglect For conducting background checks of employment or volunteer candidatesThis material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information Gateway.This publication is available online at s-policies/statutes/centreg/.5
Establishment and Maintenance of Central Registries for Child Abuse or Neglect Reports https://www.childwelfare.govFor conducting background checks of any person who is an applicant for licensure or approval, any adult who resides oris employed in the home of an applicant for licensure or approval, or any applicant for employment in a position havingsupervisorial or disciplinary power over a child or children or will provide 24-hour care for a child or children in a residentialhome or facilityFor placing children or assessing the possible placement of childrenFor conducting a background investigation of an applicant seeking employment as a peace officerFor conducting a background investigation of an applicant seeking employment or volunteer status in a position that will givethe person direct contact with childrenContentsCitation: Penal Code §§ 11167; 11169Reports of suspected child abuse or neglect pursuant to § 11166 or § 11166.05 shall include the name, business address, andtelephone number of the mandated reporter; the capacity that makes the person a mandated reporter; and the information thatgave rise to the reasonable suspicion of child abuse or neglect and the source or sources of that information.The report shall include the following information, if known: The child's name The child's address; present location; and, if applicable, school, grade, and class The names, addresses, and telephone numbers of the child's parents or guardians The name, address, telephone number, and other relevant personal information about the person or persons who might haveabused or neglected the childAn agency shall forward to the Department of Justice a report in writing of every case it investigates of known or suspected childabuse or severe neglect that is determined to be substantiated. An agency shall not forward a report to the Department of Justiceunless it has conducted an active investigation and determined that the report is substantiated.MaintenanceCitation: Penal Code § 11170The Child Abuse Central Index shall be continually updated by the department and shall not contain any reports that are determinedto be not substantiated. The department may adopt rules governing recordkeeping and reporting pursuant to this article.The Department of Justice shall act only as a repository of reports of suspected child abuse and severe neglect to be maintained inthe index. The submitting agencies are responsible for the accuracy, completeness, and retention of the reports described in thissection. The department shall be responsible for ensuring that the index accurately reflects the report it receives from the submittingagency.ColoradoCurrent Through May 2018EstablishmentCitation: Rev. Stat. § 19-3-313.5The State Department of Social Services shall maintain the records and reports of child abuse and neglect.PurposeCitation: Rev. Stat. § 19-3-313.5Records or reports may be used for purposes of employment checks or other background checks unless it is determined that areport is to be unsubstantiated or false.The State department may maintain such records and reports in case files for assisting in determinations of future risk and safetyassessments.ContentsCitation: Rev. Stat. § 19-3-313.5The State department shall provide reliable, accurate, and timely information concerning records and reports of child abuse orneglect.This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information Gateway.This publication is available online at s-policies/statutes/centreg/.6
Establishment and Maintenance of Central Registries for Child Abuse or Neglect tion: Rev. Stat. § 19-3-313.5The State department shall provide training to county departments to achieve consistency and standardization in entering data intocomputer systems maintaining information related to records and reports of child abuse or neglect.ConnecticutCurrent Through May 2018EstablishmentCitation: Gen Stat. § 17a-101kThe commissioner of the Department of Children and Families shall maintain a registry of the commissioner's findings of abuse orneglect of children.PurposeCitation: Gen. Stat. § 17a-101kRegulations shall be adopted that shall provide for the use of the registry on a 24-hour basis to prevent or discover abuse of children.ContentsCitation: Gen. Stat. § 17a-101kThe commissioner shall adopt regulations that implement the provisions of this section.MaintenanceCitation: Gen. Stat. § 17a-101kThe commissioner shall establish a hearing process for any appeal by a person of a determination that a person is responsible for theabuse of a child.DelawareCurrent Through May 2018EstablishmentCitation: Ann. Code Tit. 16, § 921The Division of Family Services shall maintain a child protection registry.PurposeCitation: Ann. Code Tit. 16, § 921The primary purpose of the registry is to protect children and to ensure the safety of children in child care, health-care, and publiceducational facilities.ContentsCitation: Ann. Code Tit. 16, § 921The registry will contain information about persons who have been substantiated for abuse or neglect as provided in this subchapteror who were substantiated between August 1, 1994, and February 1, 2003.MaintenanceCitation: Ann. Code Tit. 16, § 922The registry must indicate 'substantiated for abuse' or 'substantiated for neglect' and the child protection level as designated in §923 for any person who: Based on the same incident of abuse or neglect on which the substantiation proceeding is premised, has been convicted ofany criminal offense set out in § 923 of this subchapter or any equivalent offense in another State Has been found by the family court in a child welfare proceeding, by a preponderance of evidence, to have abused orneglected a childThis material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information Gateway.This publication is available online at s-policies/statutes/centreg/.7
Establishment and Maintenance of Central Registries for Child Abuse or Neglect Reports https://www.childwelfare.govFails to make a timely, written request for a hearing as provided in § 924(a)(2) after being given notice by the division of itsintent to substantiate the person for abuse or neglect and enter the person in the registryIs entered in the registry by court order in a proceeding on a petition for substantiationWas substantiated for abuse or neglect between August 1, 1994, and February 1, 2003District of ColumbiaCurrent Through May 2018EstablishmentCitation: Ann. Code § 4-1302.01The Child and Family Services Agency shall maintain a child protection register.PurposeCitation: Ann. Code § 4-1302.01The purposes of the register are to: Maintain a confidential index of cases of abused or neglected children Assist in the identification and treatment of abused and neglected children and their families Serve as a resource for the evaluation, management, and planning of programs and services for abused and neglectedchildrenContentsCitation: Ann. Code § 4-1302.02The register shall retain the following information about each substantiated and inconclusive report: The recipient of the report The date and time of the receipt of the report The information required by § 4-1321.03 The ward in which the child lives and other demographic information concerning the incident The agencies to which the report was referred and the date and time of the referral The agency making the initial investigation, the summary of the results of the initial investigation, and the dates and the timesthe investigations were begun and terminated The agency making the social investigation, the summary of the results of the social investigation, the dates and the times saidinvestigation was begun and terminated, the services offered, and when they were offered The agency or agencies to which the referrals were made and the services requested, with the dates of the opening and theclosing of the case The placements of the child and the dates of each placement Court actions concerning the child and the dates thereof The date the case was closed Other information required for research, planning, evaluation, and management purposesMaintenanceCitation: Ann. Code § 4-1302.02The staff that maintains the register shall review all open cases every 6 months to ensure that information is current.FloridaCurrent Through May 2018EstablishmentCitation: Ann. Stat. § 39.201The Department of Children and Family Services shall establish and maintain a central abuse hotline to receive all reports madepursuant to this section in writing, via fax, via web-based reporting, via web-based chat, or through a single statewide toll-freetelephone number, which any person may use to report known or suspected child abuse, abandonment, or neglect at any hour of theday or night, any day of the week.This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information Gateway.This publication is available online at s-policies/statutes/centreg/.8
Establishment and Maintenance of Central Registries for Child Abuse or Neglect : Ann. Stat. § 39.201The central abuse hotline shall be operated in such a manner as to enable the department to: Immediately identify and locate prior reports or cases of child abuse, abandonment, or neglect through utilization of thedepartment's automated tracking system Monitor and evaluate the effectiveness of the department's program for reporting and investigating suspected abuse,abandonment, or neglect of children through the development and analysis of statistical as well as other information Track critical steps in the investigative process to ensure compliance with all requirements for any report of abuse,abandonment, or neglect Maintain and produce aggregate statistical reports monitoring patterns of child abuse, child abandonment, and child neglect Serve as a resource for the evaluation, management, and planning of preventive and remedial services for children who havebeen subject to abuse, abandonment, or neglect Initiate and enter into agreements with other States for the purpose of gathering and sharing information contained in reportson child maltreatment to further enhance programs for the protection of childrenInformation in the central abuse hotline may not be used for employment screening, except that information may be used by thedepartment, its authorized agents or contract providers, the Department of Health, or county agencies as part of the licensure orregistration process. The information in the central abuse hotline also may be used by the Department of Education for purposes ofeducator certification, discipline, and review.ContentsCitation: Ann. Stat. § 39.201The department shall voice-record all incoming or outgoing calls that are received or placed by the central abuse hotline that relateto suspected or known child abuse, neglect, or abandonment. The department shall maintain an electronic copy of each fax andweb-based report. The recording or electronic copy of each fax and web-based report shall become a part of the record of thereport.MaintenanceCitation: Ann. Stat. § 39.202The department shall make and keep reports and records of all cases under this chapter and shall preserve the records pertaining toa child and family until the child who is the subject of the record is age 30, and the department may then destroy the records.GeorgiaCurrent Through May 2018EstablishmentCitation: Ann. Code § 49-5-181The Division of Family and Children Services shall establish and maintain a central registry that shall be known as the 'ChildProtective Services Information System.'PurposeCitation: Ann. Code § 49-5-181The child abuse registry shall be operated in such a manner as to enable abuse investigators to do the following: Immediately identify and locate substantiated cases Maintain and produce aggregate statistical data of substantiated casesContentsCitation: Ann. Code §§ 49-5-181; 49-5-182The child abuse registry shall receive notice regarding substantiated cases occurring on and after July 1, 2016, reported to thedivision pursuant to § 49-5-182.This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information Gateway.This publication is available online at s-policies/statutes/centreg/.9
Establishment and Maintenance of Central Registries for Child Abuse or Neglect Reportshttps://www.childwelfare.govAn abuse investigator who completes the investigation of a child abuse report made pursuant to § 19-7-5 or otherwise anddetermines that it is a substantiated case if the alleged child abuser was at least age 13 at the time of the commission of the actshall notify the division within 30 business days following such determination. Such notice may be submitted electronically and shallinclude the following: The name; age; sex; race; Social Security number, if known; and birthdate of the child alleged to have been abused The name, age, sex, race, Social Security number, and birthdate of the parents, custodian, or caregiver of the child alleged tohave been abused, if known The name, age, sex, race, Social Security number, and birthdate of the person who committed the substantiated case A summary of the known details of the child abuse, which at a minimum shall contain the classification of the abuse asprovided in § 19-7-5(b)(4) as either sexual abuse, physical abuse, child neglect, or a combination thereofMaintenanceCitation: Ann. Code § 49-5-183Upon receipt of an investigator's report of a substantiated case naming an alleged child abuser, the division shall include in the childabuse registry the name of the alleged child abuser, the classification of the abuse, and a copy of the investigator's report.GuamCurrent Through May 2018EstablishmentCitation: Ann. Code Tit. 19, § 13208There shall be established in child protective services: An active file of reports under investigation A central register of child abuse and neglect A 'suspected' file (for cases where an investigation is not able to determine whether a report is indicated, substantiated, orunsubstantiated)PurposeThis issue is not addressed in the statutes reviewed.ContentsCitation: Ann. Code Tit. 19, § 13208The central register shall consist of substantiated and indicated reports of abuse or neglect. It shall be limited to the followinginformation: The names and home addresses of the subjects of the reports The dates and nature and extent of the suspected abuse The age and sex of the children harmed or threatened with harm The locality in which the harm or threatened harm occurred Whether the report was classified as substantiated or indicated The progress of any legal proceedings brought on the basis of the reportMaintenanceCitation: Ann. Code Tit. 19, § 13208If an investigation of a report of suspected child abuse or neglect does not determine, within 60 days from the date of the report,that the report is an indicated report, substantiated report, or an unsubstantiated report, all information identifying the subjects ofsuch report shall be placed in the child protective services suspected file for a period of 1 y
these records and submit the reports to the State department of social services. In most other States, the registries are maintained by State departments of social services. In California and West Virginia, however, the central registries are maintained by the State police. The Northern Mariana Islands and the U.S. Virgin Islands do
