Central registry of child protection cases.

WORKING DRAFT
2008
STATE OF
WYOMING
08LSO-0312

HOUSE BILL
NO.
HB0128

Central registry of child protection cases.

Sponsored by:
Representative(s) Mercer, Buchanan, Cohee and Shepperson and Senator(s) Ross

A BILL

for

AN ACT relating to the central registry of child protection cases;
amending definitions; specifying
requirements
for "substantiated" cases of child abuse or neglect;
eliminating
"
under investigation
"
cases from the central registry; repealing conflicting provisions; requiring removal of pending cases
"
under investigation
"
from the central registry as specified; and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.

W.S.
14
‑
3
‑
202(a)(x) and (xi),
14
‑
3
‑
204(a)(v), 14
‑
3
‑
213(a), (b)(iv), (c) and (e) and 14
‑
3
‑
214(f) are amended to read:

14
‑
3
‑
202.

Definitions.

(a)

As used in W.S. 14
‑
3
‑
201 through 14
‑
3
‑
216:

(x)

"Unsubstantiated report" means any report made pursuant to W.S. 14
‑
3
‑
201 through 14
‑
3
‑
216 that
, upon investigation,

is not
supported by a preponderance of the evidence

substantiated
;

(xi)

"Substantiated report" means any report of child abuse or neglect made pursuant to W.S. 14
‑
3
‑
201 through 14
‑
3
‑
216 that
, upon investigation, is

results in:

(A)

A finding by the office of administrative hearings,

s
upported by a preponderance of the evidence
,

that child abuse or neglect has occurred
;

(B)

A finding by a court, supported by a preponderance of the evidence, that child abuse or neglect has occurred; or

(C)

An
admission that the abuse or neglect has occurred by the person accused of the child abuse or neglect, who has signed an acknowledgement that includes advice on the possible consequences of the admission and of being listed on the central registry established pursuant to W.S. 14
‑
3
‑
213
.

14
‑
3
‑
204.

Duties of local child protective agency.

(a)

The local child protective agency shall:

(v)

If the child protective agency is able through investigation to substantiate a case of abuse or neglect, it shall notify the person suspected of causing the abuse or neglect of his right to request a hearing
for final determination
before the office of administrative hearings

pursuant to the Wyoming Administrative Procedure Act;

14
‑
3
‑
213.

Central registry of child protection cases; establishment; operation; amendment, expungement or removal of records; classification and expungement of reports; statement of person accused.

(a)

The state agency shall establish and maintain a record of all child protection reports and a central registry of
"
under investigation
"
or
"
substantiated
"
child protection reports in accordance with W.S. 42
‑
2
‑
111.

(b)

Through the recording of reports, the state agency's recordkeeping system shall be operated to enable the state agency to:

(iv)

Maintain a central registry of
"
under investigation
"
reports and
"
substantiated
"
reports of child abuse or neglect for provision of information to qualifying applicants pursuant to W.S. 14
‑
3
‑
214(f).

(c)

Upon good cause shown and upon notice to the subject of
an
"
under investigation
"
or
a

"
substantiated
"
report, the state agency may list, amend, expunge or remove any record from the central registry in accordance with rules and regulations adopted by the state agency.

(e)

Within six (6) months all reports classified as
"
under investigation
"
shall be reclassified as
"
substantiated
"
or expunged from the central registry, unless the state agency is notified of an open criminal investigation or criminal prosecution.
Unsubstantiated reports shall not be contained within the central registry.
Notwithstanding W.S. 42
‑
2
‑
110(a), the state agency shall promptly remove any record from the central registry upon a finding that allegations of child abuse or neglect are unsubstantiated by the office of administrative hearings in a contested case hearing requested pursuant to W.S. 14
‑
3
‑
204(a)(v).

14
‑
3
‑
214.

Confidentiality of records; penalties; access to information; attendance of school officials at interviews; access to central registry records pertaining to child protection cases.

(f)

Upon appropriate application, the state agency shall provide to any chapter of a nationally recognized youth organization, child caring facility certified under W.S. 14
‑
4
‑
101 et seq., public or private school or state institution for employee or volunteer screening purposes a summary of central registry records maintained under state agency rules since December 31, 1986, for purposes of screening employees or volunteers. The state agency shall provide the results of the records check to the applicant by certified mail if the records check confirms the existence of a
report
"
under investigation
"
or a

"
substantiated
"
finding of abuse or neglect. Otherwise, the state agency shall provide the results of the records check to the applicant by
United States
mail. The written results shall confirm that there is a
report
"
under investigation
"
, a
"
substantiated
"
finding of abuse or neglect on the central registry naming the individual or confirm that no record exists. When the individual is identified on the registry as a
"
substantiated
"
perpetrator of abuse or neglect, the report to the applicant shall contain information with respect to the date of the finding, specific type of abuse or neglect, a copy of the perpetrator's voluntary statement and whether an appeal is pending. The applicant shall submit a fee of ten dollars ($10.00) and proof satisfactory to the state agency that the prospective or current employee or volunteer whose records are being checked consents to the release of the information to the applicant. The applicant shall use the information received only for purposes of screening prospective employees and volunteers who may, through their employment or volunteer services, have unsupervised access to minors. Applicants, their employees or other agents shall not otherwise divulge or make public any information received under this section. The state agency shall notify any applicant receiving information under this subsection of any subsequent reclassification of the information pursuant to W.S. 14
‑
3
‑
213(e). The state agency shall screen all prospective agency employees in conformity with the procedure provided under this subsection.

Section 2.

W.S. 14
‑
3
‑
213(d) is repealed.

Section 3.

Any report of child abuse or neglect that is
"
under investigation
"
and contained in the central registry of child protection on July 1, 2008, shall be removed from the central registry until such time as the report is classified as
"
substantiated
"
.

Section 4.

This act is effective July 1, 2008.

(END)

1
HB0128