State Statute Summaries
(Central Registry Expunction of Records)
Authored & Edited by
egypt
From: www.childwelfare.gov/systemwide/laws_policies/statutes/registry.cfm
Review and Expunction of
Central Registries and Reporting Records:
Legal Index References State by State (Use this index to look up statutes for your state as given in the State Statutes Summaries)
See Our Petition (Note: You will be directed to another related site on Foster Parent Reform. Eventhough, this petition has been created for quite some time, it explains why not being able to remove your name by appeal is unconstitutional)
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Current Through August 2005
Records of child abuse and neglect reports are maintained by State child protection or social services agencies to aid in the investigation, treatment, and prevention of child abuse cases and to maintain statistical information for staffing and funding purposes. In many States, these records and the results of investigations are maintained in databases, often known as central registries.
Following an investigation, States classify child abuse records in a variety of ways, depending on the State statutory language. The term “unsubstantiated” is used to describe situations in which an investigation has been unable to determine the occurrence of abuse or neglect. Other terms for unsubstantiated can include “unfounded,” “not indicated,” or “unconfirmed.”
The term “substantiated” is given to a report if a determination has been made that abuse or neglect did likely occur. Other terms for substantiated include “founded,” “indicated,” or “confirmed.” Several States maintain all investigated reports of abuse and neglect in their central registries, while other States maintain only substantiated reports.
Right of the Reported Person to Review and
Challenge Records When Records Must Be Expunged
Many States use the records that are maintained in central registries for background checks for persons seeking employment to work with children and for prospective foster and adoptive parents. Therefore, several due process and protection issues arise when a State maintains a central registry that identifies individuals accused of and found to have committed child abuse or neglect.
In some cases, persons whose names are listed as alleged perpetrators in a central registry have asserted that the listing of their name in the registry deprives them of a constitutionally protected interest without due process of law. Approximately 25 States, the District of Columbia, American Samoa, and Puerto Rico provide an individual the right to request an administrative hearing to contest the findings of an investigation of a report and to have an inaccurate report expunged or deleted from the registry. 1
When Records Must Be Expunged
The term “expunction,” or “expungement,” refers to the procedures used by States to maintain and update their central registries and recordkeeping by removing old or inaccurate records.
Under the Child Abuse Prevention and Treatment Act (CAPTA), in order to receive a Federal grant, States must submit plans that include provisions and procedures for the prompt expunction of records of unsubstantiated or false cases if the records are accessible to the general public or are used for purposes of employment or other background checks.2 CAPTA does, however, allow State child protective services agencies to retain information on unsubstantiated reports in their casework files to assist in future risk and safety assessment.3
Approximately 38 States, the District of Columbia, American Samoa, and Guam have provisions in statute for the expunction of certain child abuse and neglect reports.4 Statutes vary as to expunction standards and procedures. For example, the time specified for the expunction of unfounded or undetermined reports generally ranges from immediately upon determination to 10 years.5 A few States, however, do not permit unfounded reports to be placed on the registry at all. Substantiated reports are usually retained longer, typically at least until the child victim has reached adulthood.
1 The word approximately is used to stress the fact that States frequently amend their laws. This information is current only through August 2005. The States that provide for administrative review include Arizona, Arkansas, Colorado, Connecticut, Georgia, Idaho, Illinois, Indiana, Iowa, Maryland, Michigan, Minnesota, Mississippi, Missouri, Nebraska, New York, North Dakota, Pennsylvania, South Carolina, South Dakota, Utah, Vermont, Virginia, Washington, and Wisconsin. 2 42 U.S.C.A. § 5101 et. seq. (2003). 342 U.S.C.A. § 5106a(b)(2)(A)(xii) (2003). 4The States and territories that do not have such provisions include Alaska, Idaho, Kansas, Kentucky, New Mexico, North Carolina, North Dakota, Ohio, Oregon, Tennessee,Texas, Wisconsin, Northern Mariana Islands, Puerto Rico, and Virgin Islands.5For more information, see Chapter 4 of the April 2003 National Study of Child Protective Services Systems and Reform Efforts: Review of State CPS Policy by the U.S. Department of Health and Human Services, Office of the Assistant Secretary for Planning and Evaluation, and Administration for Children and Families, Administration on Children, Youth and Families, Children’s Bureau, available at http://aspe.hhs.gov/hsp/CPS-status03/ state-policy03/chapter4.htm.
This publication is a product of the State Statutes Series prepared by Child Welfare Information Gateway.
While every attempt has been made to be as complete as possible, additional information on these topic
may be in other sections of a State’s code as well as agency regulations,
case law, and informal practices and procedures.
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ALABAMA ALASKA AMERICAN SAMOA ARIZONA ARKANSAS CALIFORNIA COLORADO CONNECTICUT DELAWARE DISTRICT OF COLUMBIA FEDERATED STATES OF MICRONESIA FLORIDA GEORGIA GUAM HAWAII IDAHO ILLINOIS INDIANA IOWA KANSAS KENTUCKY LOUISIANA MAINE MARSHALL ISLANDS MARYLAND MASSACHUSETTS MICHIGAN MINNESOTA MISSISSIPPI MISSOURI MONTANA NEBRASKA NEVADA NEW HAMPSHIRE NEW JERSEY NEW MEXICO NEW YORK NORTH CAROLINA NORTH DAKOTA NORTHERN MARIANA ISLANDS OHIO OKLAHOMA OREGON PALAU PENNSYLVANIA PUERTO RICO RHODE ISLAND SOUTH CAROLINA SOUTH DAKOTA TENNESSEE TEXAS UTAH VERMONT VIRGIN ISLANDS VIRGINIA WASHINGTON WEST VIRGINIA WISCONSIN WYOMING
The Following is From:
www.childwelfare.gov/systemwide/laws_policies/search/index.cfm
Alabama
Child Abuse and Neglect
Review and Expunction of Central Registries and Reporting Records
To better understand this issue and to view it across States, see the Review and Expunction of Central Registries and Reporting Records: Summary of State Laws (PDF - 331 KB) publication.
Right of the Reported Person to Review and Challenge Records
Not addressed in statutes reviewed.
When Records Must Be Expunged
Ala. Code § 26-14-8
In the case of any child abuse or neglect investigation that is determined to be ‘not indicated,’ the alleged perpetrator may request after 5 years from the completion of the investigation that his or her name be expunged from the central registry.
As long as the department has received no further reports concerning the alleged perpetrator during the 5 years since the completion of the investigation, the department shall expunge the name at that time.
Child Abuse and Neglect
Review and Expunction of Central Registries and Reporting Records
To better understand this issue and to view it across States, see the Review and Expunction of Central Registries and Reporting Records: Summary of State Laws (PDF - 331 KB) publication.
Right of the Reported Person to Review and Challenge Records
Not addressed in statutes reviewed.
When Records Must Be Expunged
Not addressed in statutes reviewed.
Child Abuse and Neglect
Review and Expunction of Central Registries and Reporting Records
To better understand this issue and to view it across States, see the Review and Expunction of Central Registries and Reporting Records: Summary of State Laws (PDF - 331 KB) publication.
Right of the Reported Person to Review and Challenge Records
Ann. Code § 45.2028
At any time after the completion of the investigation, but no later than 10 years after the receipt of the report, a subject of the report may request the head of the registry to amend, seal, or expunge the record of the report.
If the head of the registry refuses or does not act within a reasonable time, but in no event later than 30 days after the request, the subject shall have the right to a fair hearing to determine whether the record of the report in the central registry should be amended or expunged on the grounds that it is inaccurate or it is being maintained in a manner inconsistent with the law.
The burden in the hearing shall be on the department. In the hearings, the fact that there was a finding of child abuse, sexual abuse, or neglect is presumptive evidence that the report was substantiated.
When Records Must Be Expunged
Ann. Code §§ 45.2025; 45.2026
Unless an investigation determines there is some credible evidence of alleged abuse, sexual abuse, or neglect, all information identifying the subject of the report is immediately expunged from the central registry.
In all other cases, the record of the report to the central registry is sealed no later than 10 years after the subject child's 18th birthday.
Once sealed, the record shall not otherwise be available, unless the head of the central registry, upon notice to the subjects of the report, gives his or her personal approval for an appropriate reason.
Child Abuse and Neglect
Review and Expunction of Central Registries and Reporting Records
To better understand this issue and to view it across States, see the Review and Expunction of Central Registries and Reporting Records: Summary of State Laws (PDF - 331 KB) publication.
Right of the Reported Person to Review and Challenge Records
Rev. Stat. § 8-811
The department shall notify a person who is alleged to have abused or neglected a child that the department intends to substantiate the allegation in the central registry and of that person's right:
o To receive a copy of the report containing the allegation
o To a hearing before the entry into the central registry
The department shall send the notice no more than 14 days after completion of the investigation.
A request for a hearing on the proposed finding must be received by the department within 14 days after receipt of the notice.
If a request for a hearing is made, the department shall conduct a review before the hearing. The department shall provide an opportunity for the accused person to provide information to support the position that the department should not substantiate the allegation. If the department determines that there is no probable cause that the accused person engaged in the alleged conduct, the department shall amend the information or finding in the report and shall notify the person and a hearing shall not be held.
The notification shall also state that if the department does not amend the information or finding in the report within 60 days after it receives the request for a hearing the person has a right to a hearing unless:
o The person is a party in a civil, criminal, or administrative proceeding in which the allegations of abuse or neglect are at issue.
o A court or administrative law judge has made findings as to the alleged abuse or neglect.
If the department does not amend the report, the department shall notify the office of administrative hearings of the request for a hearing no later than 5 days after completion of the review. The department shall forward all records, reports, and other relevant information with the request for a hearing within 10 days.
The office of administrative hearings shall hold a hearing pursuant to title 41, chapter 6, article 10, with the following exceptions:
o A child who is the victim of or a witness to abuse or neglect is not required to testify at the hearing.
o A child's hearsay statement is admissible if the time, content, and circumstances of that statement are sufficiently indicative of its reliability.
o The identity of the reporting source of the abuse or neglect shall not be disclosed without the permission of the reporting source.
o The reporting source is not required to testify.
o A written statement from the reporting source may be admitted if the time, content, and circumstances of that statement are sufficiently indicative of its reliability.
On completion of the presentation of evidence, the administrative law judge shall determine if probable cause exists to sustain the department's finding that the accused engaged in the alleged conduct. If the administrative law judge determines that probable cause does not exist to sustain the department's finding, the administrative law judge shall order the department to amend the information or finding in the report.
When the department is requested to verify whether the child protective services central registry contains a substantiated report about a specific person, the department shall determine if the report was taken after January 1, 1998. If the report was taken after January 1, 1998, the department shall notify the requestor of the substantiated finding.
If the child protective services report was taken before January 1, 1998, the department shall notify the person of the person's right to request an administrative hearing. The department shall not send this notification if the person was a party in a civil, criminal, or administrative proceeding in which the allegations of abuse or neglect were at issue.
When Records Must Be Expunged
Rev. Stat. § 8-804
If the department received a report before September 1, 1999, and determined that the report was substantiated, the department shall 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, the department shall maintain the report in the central registry for 25 years after the date of the report.
The department shall annually purge reports and investigative outcomes received pursuant to the timeframes prescribed above.
Child Abuse and Neglect
Review and Expunction of Central Registries and Reporting Records
To better understand this issue and to view it across States, see the Review and Expunction of Central Registries and Reporting Records: Summary of State Laws (PDF - 331 KB) publication.
Right of the Reported Person to Review and Challenge Records
Ann. Code § 12-12-512
In every case in which a report is determined to be true, the department shall notify each subject of the report of the determination.
If the offender is a juvenile age 10 years or older and is in foster care, the department shall notify the juvenile's public defender or counsel and the legal parents or guardians of the offender.
If the offender is a juvenile age 10 years or older, the department shall notify the legal parents or guardians of the offender.
Notification to offenders who were adults at the time of the finding of child maltreatment shall include the following:
o The investigative determination, true or unsubstantiated, exclusive of the source of the notification
o A statement that the person named as the offender of the true report may request an administrative hearing
o A statement that the request must be made to the department within 30 days of receipt of the notice
o The name of the person making notification, the person's occupation, and where he or she can be reached
Notification to offenders who were juveniles at the time of the finding of child maltreatment shall include the additional statement that the matter has been referred for an automatic administrative hearing that can be waived only by the juvenile offender in writing.
The administrative hearing process must be completed within 180 days from the date of the receipt of the request for a hearing, provided that:
o Delays in completing the hearing that are attributable to the petitioner shall not count against the 180 day limit.
o Failure to complete the hearing process in a timely fashion shall not deprive the department or a court reviewing the child maltreatment determination of jurisdiction to make or review a final agency determination.
o The 180-day limit shall not apply if there is an ongoing criminal or delinquency investigation, or criminal or delinquency charges have or will be filed.
When the department conducts administrative appeal hearings, the chief counsel of the department is authorized to require the attendance of witnesses and the production of books, records, or other documents through the issuance of subpoenas.
If the petitioner prevails at the administrative hearing or circuit court hearing and the report is changed from true to unsubstantiated, upon request by the petitioner, the department shall provide a list of persons to whom a disclosure had previously been made that the report was true.
When Records Must Be Expunged
Ann. Code § 12-12-505
The department shall identify in its policy and procedures manual the types of child maltreatment that will automatically result in the removal of the name of an offender from the central registry. If an offender has been entered into the central registry, the offender's name shall be removed from the central registry when the offender has not had a subsequent true report of this type for 1 year, and more than one 1 year has lapsed since the closure of any protective services or foster care case opened as the result of this report.
Notwithstanding the foregoing provisions, with regard to offenders who were juveniles at the time of the act or omission that resulted in a true finding of child maltreatment, the department shall:
o Not remove the name from the central registry if the offender was found guilty, pled guilty to, or pled nolo contendere to a felony in circuit court as an adult for the same act for which the offender is named in the central registry unless the conviction is reversed or vacated
o Remove the name from the central registry if more than 5 years have elapsed since the true finding of child maltreatment and there have been no subsequent true findings of child maltreatment, or the offender can prove by a preponderance of the evidence that he or she has been rehabilitated
If an offender has been entered into the central registry, the offender may petition the department requesting that the offender's name be removed from the central registry when he or she has not had a subsequent true report for 5 years and more than 5 years have elapsed since the closure of any protective services or foster care case opened as the result of the report.
If the department denies the request for removal of the name from the central registry, the offender may request an administrative hearing within 30 days from receipt of the department's decision.
Child Abuse and Neglect
Review and Expunction of Central Registries and Reporting Records
To better understand this issue and to view it across States, see the Review and Expunction of Central Registries and Reporting Records: Summary of State Laws (PDF - 331 KB) publication.
Right of the Reported Person to Review and Challenge Records
Penal Code § 11170
Any person may determine if he or she is listed in the Child Abuse Central Index by making a request in writing to the Department of Justice. 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 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 § 11167.5(11)(b).
When Records Must Be Expunged
Penal Code § 11170
Information from an inconclusive or unsubstantiated report shall be deleted from the Child Abuse Central Index after 10 years if no subsequent report concerning the same suspected child abuser is received within that time period.
If a subsequent report is received within that 10-year period, information from any prior report, as well as any subsequently filed report, shall be maintained on the Child Abuse Central Index for a period of 10 years from the time the most recent report is received by the department.
If a person is listed in the Child Abuse Central Index 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 name removed from the index by making a written request to the Department of Justice. The request shall be notarized and include the person's name, address, social security number, and date of birth.
Child Abuse and Neglect
Review and Expunction of Central Registries and Reporting Records
To better understand this issue and to view it across States, see the Review and Expunction of Central Registries and Reporting Records: Summary of State Laws (PDF - 331 KB) publication.
Right of the Reported Person to Review and Challenge Records
Rev. Stat. § 19-3-313.5
On or before January 1, 2004, the State board shall promulgate rules to establish a process at the State level by which a person who is found to be responsible in a confirmed report of child abuse or neglect filed with the State department pursuant to § 19-3-307 may appeal the finding of a confirmed report of child abuse or neglect to the State department. At a minimum, the rules established shall address the following matters, consistent with Federal law:
The provision of adequate and timely written notice by the county departments of social services or, for an investigation pursuant to § 19-3-308(4.5), by the agency that contracts with the State, using a form created by the State department, to a person found to be responsible in a confirmed report of child abuse or neglect of the person's right to appeal the finding of a confirmed report of child abuse or neglect to the State department
The timeline and method for appealing the finding of a confirmed report of child abuse or neglect
Designation of the entity, that shall be one other than a county department of social services, with the authority to accept and respond to an appeal by a person found to be responsible in a confirmed report of child abuse or neglect at each stage of the appellate process
The legal standards involved in the appellate process and a designation of the party who bears the burden of establishing that each standard is met
The confidentiality requirements of the appeals process
When Records Must Be Expunged
Rev. Stat. § 19-3-313.5
The rules established by the State board shall, consistent with Federal law, provide for procedures that facilitate the prompt expunction of and prevent the release of any information contained in any records and reports that are accessible to the general public or are used for purposes of employment or background checks in cases determined to be unsubstantiated or false.
The State department and the county department of social services may maintain information concerning unsubstantiated reports in casework files to assist in future risk and safety assessments.
Child Abuse and Neglect
Review and Expunction of Central Registries and Reporting Records
To better understand this issue and to view it across States, see the Review and Expunction of Central Registries and Reporting Records: Summary of State Laws (PDF - 331 KB) publication.
Right of the Reported Person to Review and Challenge Records
Gen. Stat. § 17a-101k
[Effective October 1, 2005]
Upon a finding that an individual is responsible for abuse or neglect of a child, the commissioner shall provide notice of the finding not later than 5 business days after the issuance of the finding to the individual who is alleged to be responsible. The notice shall:
o Contain a description of the finding
o Inform the individual of the existence of the registry and of the commissioner’s intention to place the individual’s name on the registry unless the individual exercises his or her right to appeal the finding
o Inform the individual of the potential adverse consequences of being listed on the registry, including the potential effect on obtaining or retaining employment, licensure, or engaging in activities involving direct contact with children
o Include a written form for the individual to sign and return, indicating whether the individual will invoke the appeal procedures
Following a request for appeal, the commissioner shall conduct an internal review of the finding, to be completed no later than 30 days after the request for appeal is received by the department.
The commissioner shall review all information relevant to the finding to determine whether the finding is factually or legally deficient and ought to be reversed. Prior to the review, the commissioner shall provide the individual access to all relevant documents in the possession of the commissioner regarding the finding of responsibility for abuse or neglect of a child.
The individual may submit any documentation that is relevant to a determination of the issue and may, at the commissioner’s discretion, participate in a telephone conference or face-to-face meeting to be conducted for the purpose of gathering additional information that may be relevant to determining whether the finding is factually or legally deficient.
If the commissioner, as a result of the prehearing review, determines that the finding of abuse or neglect is factually or legally deficient, the commissioner shall reverse the finding and send notice to the individual within 5 days.
If the finding is upheld, the individual shall be notified of the right to request a hearing. The individual may request a hearing no later than 30 days after receipt of the notice.
At the hearing, the individual may be represented by legal counsel. The burden of proof shall be on the commissioner to prove that the finding is supported by a fair preponderance of the evidence.
Not later than 30 days after the hearing, the hearing officer shall issue a written decision to either reverse or uphold.
When Records Must Be Expunged
Gen. Stat. § 17a-101k
[Effective October 1, 2005]
Records containing unsubstantiated findings shall remain sealed, except that such records shall be made available to department employees in the proper discharge of their duties.
Records containing unsubstantiated findings shall be expunged 5 years from the completion date of the investigation if no further report is made about the individual.
If the department receives more than one report on an individual and each report is unsubstantiated, all reports and information pertaining to the individual shall be expunged 5 years from the completion date of the most recent investigation.
Child Abuse and Neglect
Review and Expunction of Central Registries and Reporting Records
To better understand this issue and to view it across States, see the Review and Expunction of Central Registries and Reporting Records: Summary of State Laws (PDF - 331 KB) publication.
Right of the Reported Person to Review and Challenge Records
Ann. Code Tit. 16, § 929
A person who has been entered on the Child Protection Registry at Child Protection Level II or Level III, and who has successfully completed a division-recommended or family court-ordered case plan, may file a petition for removal in the family court prior to the expiration of the time designated for the level. Only a person who has successfully completed that person's own case plan is eligible to petition for an early removal.
A petition for removal from the Registry must be filed in the family court in the county in which the substantiation occurred. A copy of the petition must be served on the division. The division may file an objection or answer to the petition within 30 days after being served. In every case, the division shall inform the court whether or not the person applying for removal has been substantiated for abuse or neglect while on the Child Protection Registry. The family court may, in its discretion, dispose of a petition for removal without a hearing.
When Records Must Be Expunged
Ann. Code Tit. 16, § 929
A person who has been entered on the Child Protection Registry at Child Protection Level II or Level III will be automatically removed from the Registry, provided that the person has not been substantiated for an incident of abuse or neglect while on the Registry.
Removal from the Child Protection Registry means only that the person's name has been removed from the Registry and may no longer be reported to employers pursuant to § 8563 of Title 11.
Notwithstanding removal from the Registry, the person's name and other case information remains in the division's internal information system as substantiated for all other purposes, including, but not limited to, the division's use of the information for historical, treatment, and investigative purposes, childcare licensing decisions, foster and adoptive parent decisions, reporting pursuant to § 309 of Title 31, reporting to law enforcement authorities, or any other purpose set forth in § 906(b) of this title.
Child Abuse and Neglect
Review and Expunction of Central Registries and Reporting Records
To better understand this issue and to view it across States, see the Review and Expunction of Central Registries and Reporting Records: Summary of State Laws (PDF - 331 KB) publication.
Right of the Reported Person to Review and Challenge Records
Ann. Code §§ 4-1302.05; 4-1302.06
The staff that maintains the Child Protection Register shall, within 7 days from the date that a report is entered in the Register, give notice to each person identified in the report that the report identifies him or her as responsible for the alleged abuse or neglect of the child who is the subject of the report.
This notice shall include the following information:
o The date that the report identifying the person was entered in the Child Protection Register
o The right of the person to review the entire report, except information that identifies other persons mentioned in the report
o The administrative procedures through which the person may seek to correct information that he or she alleges is incorrect or to establish that the report is unfounded
The Mayor shall establish, by rules adopted pursuant to § 2-501 et seq., procedures to permit a person identified in the Child Protection Register to challenge information that he or she alleges is incorrect or establish that a report is unfounded.
When Records Must Be Expunged
Ann. Code § 4-1302.07
Notwithstanding any other provision of law, substantiated reports shall not be expunged from the Child Protection Register.
The staff that maintains the Child Protection Register shall expunge from each inconclusive report all information that identifies any person in the inconclusive report upon the first occurrence of either:
o The 18th birthday of the child who is the subject of the report, if there is no reasonable suspicion or evidence that another child living in the same household or under the care of the same parent, guardian, or custodian has been abused or neglected
o The end of the 5th year after the termination of the social rehabilitation services directed toward the abuse and neglect
The staff that maintains the Child Protection Register shall expunge:
o Any unfounded report immediately upon such classification by the agency
o Any material successfully challenged as incorrect pursuant to the rules adopted under § 4-1302.06
Child Abuse and Neglect
Review and Expunction of Central Registries and Reporting Records
To better understand this issue and to view it across States, see the Review and Expunction of Central Registries and Reporting Records: Summary of State Laws (PDF - 331 KB) publication.
Right of the Reported Person to Review and Challenge Records
Not addressed in statutes reviewed.
When Records Must Be Expunged
Ann. Stat. § 39.202
The department shall make and keep reports and records of all cases under this chapter relating to child abuse, abandonment, and neglect and shall preserve the records pertaining to a child and family until 7 years after the last entry was made or until the child is 18 years of age, whichever date is first reached, and may then destroy the records.
Child Abuse and Neglect
Review and Expunction of Central Registries and Reporting Records
To better understand this issue and to view it across States, see the Review and Expunction of Central Registries and Reporting Records: Summary of State Laws (PDF - 331 KB) publication.
Right of the Reported Person to Review and Challenge Records
Ann. Code § 49-5-184(c)
Any person whose name appears in the abuse registry without a hearing having been held to determine whether or not there was sufficient credible evidence of child abuse by such person, or a reasonable basis to justify such inclusion on the registry, is entitled to a hearing for an administrative determination of whether or not expunction of such person's name should be ordered.
In order to exercise such right, the person must file a written request for a hearing with the DFACS office of any county in which the investigation was conducted that resulted in such person's name being included in the abuse registry.
When Records Must Be Expunged
Ann. Code § 49-5-184(b)
All identifying information in the abuse registry of cases classified as unconfirmed shall be expunged from the abuse registry within 2 years after the case is so classified.
Child Abuse and Neglect
Review and Expunction of Central Registries and Reporting Records
To better understand this issue and to view it across States, see the Review and Expunction of Central Registries and Reporting Records: Summary of State Laws (PDF - 331 KB) publication.
Right of the Reported Person to Review and Challenge Records
Not addressed in statutes reviewed.
When Records Must Be Expunged
Ann. Code tit. 19, § 13208(f)
If an investigation of a report of suspected child abuse or neglect does not determine, within 1 year of the date of the report of suspected child abuse or neglect, that the report is an indicated report or a substantiated report, the report shall be considered an unsubstantiated report, and all information identifying the subjects of the report shall be expunged from Child Protective Services' suspected files.
Child Abuse and Neglect
Review and Expunction of Central Registries and Reporting Records
To better understand this issue and to view it across States, see the Review and Expunction of Central Registries and Reporting Records: Summary of State Laws (PDF - 331 KB) publication.
Right of the Reported Person to Review and Challenge Records
Not addressed in statutes reviewed.
When Records Must Be Expunged
Rev. Stat. § 350-2(d)
The department shall promptly expunge the reports [from the central registry of reported child abuse or neglect cases] when:
The department has found the reports to be unsubstantiated.
The petition arising from the report has been dismissed by order of the family court after an adjudicatory hearing on the merits pursuant to chapter 587.
Child Abuse and Neglect
Review and Expunction of Central Registries and Reporting Records
To better understand this issue and to view it across States, see the Review and Expunction of Central Registries and Reporting Records: Summary of State Laws (PDF - 331 KB) publication.
Right of the Reported Person to Review and Challenge Records
Idaho Code § 16-1629(7)
The department shall establish appropriate administrative procedures for the processing of complaints of child neglect, abuse, and abandonment.
When Records Must Be Expunged
Not addressed in statutes reviewed.
Child Abuse and Neglect
Review and Expunction of Central Registries and Reporting Records
To better understand this issue and to view it across States, see the Review and Expunction of Central Registries and Reporting Records: Summary of State Laws (PDF - 331 KB) publication.
Right of the Reported Person to Review and Challenge Records
325 ILCS § 5/7.16
Within 60 days after the completion of the Child Protective Service Unit investigation, the subject of a report may request the department to amend the record or remove the record of the report from the register.
Such request shall be in writing and directed to such person as the department designates in the notification.
If the department disregards any request to do so or does not act within 10 days, the subject shall have the right to a hearing within the department to determine whether the record of the report should be amended or removed on the grounds that it is inaccurate or it is being maintained in a manner inconsistent with this Act.
There shall be no such right to a hearing on the ground of the report's inaccuracy if there has been a court finding of child abuse or neglect. The report's accuracy shall be conclusively presumed on such finding.
In the hearing, the burden of proving the accuracy and consistency of the record shall be on the department and the appropriate Child Protective Service Unit.
The hearing shall be conducted by the Director or his designee, who is hereby authorized and empowered to order the amendment or removal of the record to make it accurate and consistent with this Act.
The decision shall be made, in writing, at the close of the hearing, or within 45 days thereof, and shall state the reasons upon which it is based.
Should the department grant the request of the subject of the report e