Ala. Admin. Code r. 660-5-34-.09

Current through Register Vol. 42, No. 7, April 30, 2024

Section 660-5-34-.09 - Child Abuse/Neglect Central Registry

(1) The Department of Human Resources is mandated to establish and maintain a statewide Central Registry for reports of child abuse/neglect. Each County Department will also establish and maintain a county registry which will contain the same information submitted to the State Central Registry.

(2) The Central Registry will include:

(a) All information obtained during the intake and CA/N assessment processes;

(b) The final disposition of the report, including services offered and accepted;

(c) The plan for rehabilitative treatment;

(d) The names and identifying data, dates, and circumstances of any person requesting or receiving information from the registry; and

(e) Any other information which might be helpful in protecting children from abuse and neglect.

(3) A report of child abuse/neglect must be entered into the Central Registry within 3 working days of its receipt. Reports involving child deaths must be entered within two (2) working days.

(4) The written report of the intake and CA/N assessment will include, at a minimum, the following:

(a) The person(s) making the report, in what capacity the person knows the family, and how the report reached the Department;

(b) Basic identifying information on the children, parents, primary caregivers, other household members, persons allegedly responsible for the abuse or neglect, and other individuals who may have information about the child/family situation;

(c) Initial action taken;

(d) Persons interviewed and findings (including worker's observation which must be specific, clear, and accurately descriptive of the situation);

(e) Results of the CA/N assessment (e.g., child safety threats, risk of serious harm) and recommendations (e.g., safety plan, custody petition filed, referrals made);

(f) The plan for rehabilitative treatment (the case plan with short and long term goals, including services offered and accepted); and

(g) The final outcome of the CA/N assessment (i.e., disposition and a decision regarding the need for ongoing services or termination of services).

(5) Rules and Regulations Concerning Use of Registry Reports and Records Confidentiality.

(a) The State Department of Human Resources is mandated to establish and enforce reasonable rules and regulations governing the custody, use, and preservation of the reports and records of child abuse and neglect.

(b) The use of such reports and records shall be limited to the purposes for which they are furnished. These purposes are for the prevention or discovery of child abuse/neglect. In no event shall reports be made available for any other purpose.

(c) The statute also provides for confidentiality of child abuse/neglect reports and records, and the disclosure of information to specifically authorized persons. Violation of this provision is a misdemeanor and punishable accordingly. Confidentiality is essential in protecting the rights of children and their parents or custodians.

(d) Information concerning an abuse/neglect report and related information or court testimony may be disclosed for the following purposes:

1. For investigation of child abuse or neglect by the police or other law enforcement agency. No information to aid in the investigation of any matter other than child abuse/neglect may be given;

2. For use by a physician who has before him a child whom he reasonably suspects may be abused or neglected.

3. For use by a grand jury upon its determination that access to such reports and records is necessary in the conduct of its official business; information may be disclosed to a district attorney, upon request, and for those cases agreed upon in a County Department's written working agreement with the district attorney;

4. For use by a court where it finds that such information is necessary for the determination of an issue before the court;

5. For use by an agency having the legal responsibility or authorization to care for, treat, or supervise a child who is the subject of a report or record, or a parent, guardian, or other person who is responsible for the child's welfare when the information is needed to prevent further abuse or neglect;

6. For use by a person engaged in bona fide research who has the written permission of the Commissioner of the State Department of Human Resources; the person may have statistical information; however, identifying information will not be released unless such disclosure is absolutely essential to the research project, and only to the extent expressly authorized by the Commissioner;

7. For use by an attorney, court appointed special advocate, or guardian ad litem in representing or defending a child or its parents or guardians in a court proceeding related to abuse or neglect of said child;

8. For use by a person to prevent or discover abuse or neglect of children or other vulnerable persons through the information contained therein;

9. For use by federal, state, or local governmental entities, social service agencies of another state, or any agent of such entities, having a need for the information in order to carry out their responsibilities under law to protect children from abuse and neglect.

10. For use by child abuse citizen review or quality assurance or multidisciplinary review panels;

11. For use by child fatality review panels; and

12. For public disclosure of the findings or information about the case of child abuse or neglect which has resulted in a child fatality or near fatality; the term "near fatality" means an act that, as certified by a physician, places the child in serious or critical condition. Information identifying by name persons other than the victim shall not be disclosed.

(e) Release of Child Abuse/Neglect Information by County Departments.

1. The following items are additional DHR requirements regarding the use and disclosure of reports and records of child abuse and neglect. CA/n reports and records shall not be disclosed to any individuals other than:

(i) To parents/custodians who have children in their care and/or custody and have someone living or visiting in their home who has been convicted of child battery, child sexual abuse, or who has an "indicated" child sexual abuse report in the State Central Registry.

(ii) To an employer, licensing or certifying agency or group of the person currently being investigated where the employee provides care or supervision to children or other vulnerable persons. Information shall be released following the final disposition as determined by due process procedures. Reports or records in cases disposed of as or "reason to suspect" prior to June 1, 1999 or "not indicated" shall not be used or disclosed for purposes of employment or other background checks.

(iv) DHR may release information on pending assessments to employers, prospective employers, or licensing/certifying agencies prior to a Departmental CA/N investigation hearing or an administrative record review (whichever is applicable) only when it is determined that children are in imminent danger of abuse/neglect. If the information is released, the person responsible for abuse/neglect must be offered a CA/N hearing or an administrative record review as soon as possible following the release of information.

(v) Child welfare staff may release information from completed assessments with an "indicated" disposition when it has been determined that a child is in imminent danger and the information needs to be disclosed for the child's immediate protection:

(I) If a disposition was previously entered into the Central Registry for persons responsible without notification being provided of their opportunity for a CA/N hearing or an administrative record review, and it has been less than two (2) years from the date the person was notified about the allegations, child welfare staff must provide written notification of due process rights immediately following the release of information. If the person responds to the notice and requests a hearing or record review, an "emergency" hearing or record review must be requested and be conducted.

(II) If two (2) years have passed since the person was notified about the allegations the and the person responsible was previously notified of their due process rights, the information may be released for the child's protection.

(vi) Information from the Central Registry may only be released on "indicated" reports for employment or background check purposes. Information in reports, regardless of the disposition, may be released to another state's CPS program when that state is investigating an abuse/neglect report. CA/N information shall not be made available to anyone outside the Department unless (1) disclosure is permitted under (d) and (e),

(2) specific CA/N information is subpoenaed by the court, or

(3) the release is expressly authorized by order of the court. County Departments can defer providing information (unless served a subpoena or court order) until the CA/N assessment process is completed.

(vii) CA/N assessments information may be made available to the appropriate court, district attorney, and law enforcement agency according to §26148(c), paragraphs 1 through 4, 6 and 8.

(viii) County Departments shall immediately release information to law enforcement, district attorneys, and physicians in situations where disclosure will allow for the protection of children suspected of being abused/neglected or for the protection of other children in the home.

(ix) Child welfare staff may verbally disclose general information (e.g., allegations, dispositions, general basis for the disposition, other general information already revealed to a child's parents/custodian) to Guardians Ad Litem, attorneys, or Court Appointed Special Advocates (CASAs) representing the child or attorneys representing the child's parents/custodians in a child abuse/neglect court proceeding. CA/N information must not be copied and released to attorneys or CASAs without a court order expressly authorizing such release or a subpoena duces tecum for the CA/N record. When County Departments receive a subpoena duces tecum for production of DHR records, a motion for a protective order must be filed requesting the court conduct an in camera inspection of the records to determine if they be released. If the court orders an in camera inspection, the original record (or a copy thereof if permitted by the court) shall be submitted as ordered and at the time specified. The DHR record shall not be released directly to the attorney or CASA.

(x) The worker may disclose to a mandatory reporter the results of the CA/N assessment if the worker determines that the mandatory reporter has a "need to know" to prevent further abuse or neglect or to develop sensitivity to the child's need for services or further protection.

(f) Confirmation of the identity of any person requesting information from the Registry must be made in order to assure that no information is given to unauthorized persons. Anyone who comes into the County Department requesting information will be asked to show credentials or identification. When requests are received by telephone, workers can take the telephone number, check it against the telephone directory or city directory and return the call.

(g) The County Department shall apprise those persons to whom information is disclosed of its confidentiality and the purposes for which it may be used, and specify that the information provided is not to be disclosed to others.

(h) Information that is released should be designated "Pending Completion of CA/N Assessment", "Indicated", "Unable to Complete", or "Not Indicated".

(i) The names of persons responsible for abuse/neglect may be expunged from the Central Registry when the CA/N disposition is "Not Indicated" and five (5) years have elapsed from the disposition date; and DHR has received no further CA/N reports identifying the person as being responsible for abuse/neglect. The person allegedly responsible for abuse/neglect must submit a written request for the expungement. If the request is received in the County Department or the person needs additional information, child welfare staff shall advise the person to contact or submit the request to SDHR, Office of Child Protective Services. SDHR's Office of Child Protective Services will provide written notification to persons responsible for abuse/neglect when their name is expunged from the Central Registry.

(j) Expunging Indicated/Not Indicated Reports Received From Mandatory Reporters Alabama law provides for expungement from the Child Abuse/Neglect Central Registry and County Department files any record of the information or report or data developed from the report of persons allegedly responsible for abuse/neglect received from mandatory reporters when all the following criteria have been met:

1. the "indicated" or "not indicated" case is dismissed after jeopardy (jeopardy attaches after the trial begins if the trial is by judge or after the jury is selected in trials by jury) attaches or the defendant is acquitted (e.g., report does not result in a criminal conviction);

2. the person responsible for abuse/neglect has submitted a written request to DHR requesting expungement; and

3. the written request must include a court order or DHR must receive written verification or dismissal after jeopardy attaches or acquittal from the District Attorney. All request for expungement of records from mandatory reporters must be forwarded to the Office of Child Protective Services, Family Services Division, and include the information listed above, identifying case information, and the address where a response to the request for expungement is to be sent. The Office of Protective Services will determine if the request meets the requirements of the law and will provide a written response to the person allegedly responsible for abuse/neglect with a copy forwarded to the appropriate County Department. These provisions for expungement are applicable to all child/abuse neglect reports received as of June 18, 2003.

Author: Jerome Webb

Ala. Admin. Code r. 660-5-34-.09

Effective August 11, 1988. Emergency amendment effective November 22, 1989. Succedent permanent amendment effective March 9, 1990. Amended: Filed August 6, 1996; effective September 10, 1996. Amended: Filed February 4, 2003; effective March 11, 2003. Repealed and New Rule: Filed September 4, 2003; effective October 9, 2003. Repealed and New Rule: Filed June 2, 2006; effective July 7, 2006. Repealed and New Rule: Filed May 4, 2007; effective June 8, 2007.

Was previously 660-5-34-.07, renumbered as per certification filed September 4, 2003; effective October 9, 2003. Previous Rule 660-5-34-.08 was renumbered to .09 as per certification filed May 4, 2007; effective June 8, 2007.

Statutory Authority:Code of Ala. 1975, 42 U.S.C. §§ 510-15-107 ; 45 C.F.R. §1340.15 ; Title 26, Chapter 14.