110 Mass. Reg. 4.38

Current through Register 1523, June 7, 2024
Section 4.38 - Registry of Alleged Perpetrators Listing
(1) The Department shall pursuant to M.G.L. c. 18B, § 7(b) create and maintain a Registry of Alleged perpetrators as a component of the Central Registry. The Registry of Alleged Perpetrators shall be indexed by the name of the alleged perpetrator. The Registry of Alleged Perpetrators shall contain the following information on the alleged perpetrator:
(a) Name;
(b) Date of Birth;
(c) Social Security Number;
(d) Sex;
(e) Address;
(f) Date of Listing;
(g) Allegation;
(h) Cross Reference to Victim; and
(i) Relationship to Victim.
(2) The Department shall add a person to the Registry of Alleged Perpetrators if:
(a) The Department determined a report of alleged child abuse or neglect is supported, and the Department referred the report to the District Attorney pursuant to M.G.L. c. 119, § 51B(k); and
(b) There is substantial evidence indicating the person to be listed in the Registry of Alleged Perpetrators was responsible for the abuse or neglect. Pursuant to M.G.L. c. 30A, § 1(6) substantial evidence is defined as "such evidence as a reasonable mind might accept as adequate to support a conclusion."
(3) Once added to the Registry of Alleged Perpetrators, a person remains listed in the Registry for 75 years, unless the decision to list the person as an alleged perpetrator in the Registry is reversed pursuant to 110 CMR 10.00: Fair Hearing and Grievances, or by a court of competent jurisdiction.

110 CMR 4.38

Amended by Mass Register Issue 1486, eff. 1/6/2023.