La. Admin. Code tit. 67 § V-1103

Current through Register Vol. 50, No. 9, September 20, 2024

Section V-1103 - [Effective until 12/28/2024] State Central Registry

A. Within the state repository of reports of abuse and neglect, the Department of Children and Family Services (DCFS) establishes and maintains a state central registry (SCR) that is comprised of three tier levels of certain justified/valid reports of abuse and neglect. Each justified/valid allegation shall be assigned a tier level for each perpetrator and child victim combination. At the time of the case closure, the highest tier of all justified/valid determinations shall be assigned to that perpetrator. The three SCR tiers range from tier 1 which includes the most severe abuse and neglect harm/injury to the child victim to tier 3 which includes the least severe harm/injury to the child victim. The SCR tier system determines placement on the SCR and the duration of time the individuals name will remain on the SCR. Information on a perpetrator of child abuse or neglect shall be maintained indefinitely on the SCR for tier 1 determinations. Information on a perpetrator shall be maintained on the SCR for 18 years from the date of the justified/valid finding for tier 2 determinations. Information on a perpetrator shall be maintained on the SCR for seven years from the date of the justified/valid finding for tier 3. An individual will be removed from the SCR at the end of the SCR retention period for tiers 2 and 3. Individuals shall be notified in writing of the period of maintenance on the SCR along with the notification of a valid finding.

1. Individuals in investigations in families who have been determined to be justified/valid as a perpetrator of child abuse and/or neglect prior to July 1, 2018, will be maintained on the SCR for the lesser of:

a. the length of time as determined for the allegation in accordance with the SCR tier system; or

b. the retention period in effect at the time of the valid/justified determination.

2. Individuals who have been placed on the SCR as a perpetrator of abuse or neglect as the result of an investigation determined to be justified/valid prior to August 1, 2018, will have the right to an administrative appeal pursuant to LAC 67:V.1111. Information on such determinations will not be released until the individual has exhausted their right to an administrative appeal, unless otherwise allowed by law. Once the individual has exhausted their administrative appeal rights, if an SCR clearance has been received by DCFS, the clearance will be completed and information released consistent with the administrative hearing decision and as permitted for the purpose of the clearance request.

1. Individuals in investigations in families who have been determined to be justified/valid as a perpetrator of child abuse and/or neglect subsequent to July 1, 2018, will be maintained on the SCR in accordance with the application of the SCR tier level.

2. Individuals in investigations in families who have been determined to be justified/valid as a perpetrator of child abuse and/or neglect for a tier 1, 2, or 3 finding, as defined in LAC 67:V.1103.A, subsequent to July 1, 2018, shall be provided written notice of the SCR and the rules governing maintenance and release of SCR records. As of August 1, 2018, the written notice shall also inform the individual of their right to an administrative appeal pursuant to LAC 67:V.1111. The individuals name will not be placed on the SCR until the individual has exhausted his right to an administrative appeal. If the individual fails to request an administrative appeal within 20 days of the written notification of the justified/valid finding, withdraws their request for an administrative appeal, or the justified/valid finding is upheld by an administrative law judge, the individuals name will be immediately placed on the SCR.

D. Once an individual has exhausted their administrative appeal rights, the individuals name shall be listed on the SCR if at least one justified/valid finding that meets the criteria for a tier 1, 2, or 3 finding, as defined in LAC 67:V.1103.A is upheld.

E. Information on individuals in child abuse or neglect investigations that appear to be not justified/invalid or inconclusive used as a part of the basis of a later, related and justified/valid tier 1, 2 or 3 determination shall become part of the file for the justified/valid report and shall cease to be a separate report. The information will be maintained on the SCR for the length of the time for the justified/valid determination.

1. Any person whose name is included on the SCR subsequent to August 1, 2018, may file a rule to show cause against DCFS in the court exercising juvenile jurisdiction in the parish in which the investigation was conducted to show why the individuals name should not be removed from the SCR. A perpetrator of a tier 1 justified/valid determination cannot be removed through this procedure. This rule to show cause may be filed for a perpetrator of a tier 2 justified/valid determination after nine years from the date of the case closure, or, four years from the date of the case closure for a perpetrator of a tier 3 justified/valid determination with the following circumstances:

a. there was no child in need of care adjudication related to the justified/valid determination;

b. no criminal charges are currently pending, associated with the incident, or criminal conviction for any offense listed in R.S. 15:587.1; and

c. there have been no subsequent justified/valid determinations involving the individual as a perpetrator of child abuse or neglect.

2. DCFS will remove the petitioner's name and other identifying information from the SCR upon receipt of a court order to do so.

G. DCFS is authorized to release information maintained on the SCR in limited circumstances. This information will be released according to the following provisions.

1. DCFS will disclose information regarding perpetrators of child abuse and/or neglect who are listed on the SCR to other states' child welfare agencies upon formal inquiry by that agency, when the inquiry is made pursuant to an ongoing child protective services investigation, child protection alternative response, foster care home study, adoptive home study, or family services case following a child protective services investigation in the requesting state, in accordance with R.S. 46:56(F)(4)(a). This information may also be released to private licensed child placing agencies located in Louisiana and in other states upon formal inquiry and verification of licensure. Information released to such agencies is confidential and shall not be released to sources outside the agency.

2. DCFS will disclose internally information regarding perpetrators of child abuse and/or neglect who are listed on the SCR for foster, adoptive and other home studies for the purpose of placement of children or as a visitation resource for children who are in the custody of the department or receiving services from the department.

3. DCFS will disclose information regarding perpetrators of abuse and/or neglect who are listed on the SCR when requested by an employer or prospective employer of a person who will be exercising supervisory authority over that employer's minor children or other dependent person as part of that person's direct employment and supervision as a caregiver by the parent or person with the dependent. The written request for the information will be a signed and notarized request form that must be signed by the employee and employer. The form will be provided upon request from the employer, prospective employer, employee, or prospective employee. The information will be disclosed to the employer or prospective employer.

4. DCFS will disclose information regarding perpetrators of child abuse and/or neglect who are listed on the SCR to the court when requested pursuant to R.S. 46:56(F)(1) and Ch. C., article 616 C, with a written request from a judge of a court exercising juvenile jurisdiction for a CASA applicant, with the applicants written consent.

5. DCFS will disclose information regarding perpetrators of child abuse and/or neglect who are listed on the SCR for independent adoptions in accordance with the Louisiana Children's Code.

6. DCFS will disclose internally information regarding perpetrators of child abuse and/or neglect who are listed on the SCR when requested pursuant to R.S. 46:51.2(A) for potential or current employees of DCFS. Information disclosed shall be limited to those names recorded on the SCR subsequent to January 1, 2010.

7. DCFS will disclose information regarding perpetrators of child abuse and/or neglect listed on the SCR when requested as part of the application process of a prospective DCFS volunteer or service provider. Information disclosed shall be limited to those names recorded on the SCR subsequent to January 1, 2010. The disclosures for prospective volunteers and service providers are limited to the following individuals:

a. an individual who will be providing services for a child currently in the departments custody through a mentoring or tutoring program; or, formal plan approved by DCFS;

b. an individual who has personally entered into an agreement with the department for the provision of transportation services for a child currently in its custody;

c. an individual who has agreed to serve as a monitor of a safety plan developed by the department for the protection of a childs health and safety while remaining in his home.

8. DCFS will disclose information on perpetrators with justified/valid sexual abuse determinations on the SCR in accordance with 34 USC 30301 et seq., and 28 CFR 115.5 et seq. for prospective and current juvenile facility employees of the Office of Juvenile Justice upon receipt of a written request.

9. DCFS will disclose information on perpetrators of child abuse and/or neglect who are:

a. listed on the SCR involving any owner, operator, current or prospective employee or volunteer of a specialized provider licensed by DCFS to DCFS Licensing;

b. listed on the SCR involving any owner, operator, current or prospective employee or volunteer of an early learning center licensed by the Louisiana Department of Education (LDOE) to LDOE;

c. listed on the SCR involving any provider, current or prospective employee working in the residence or on the property where the care is provided, or resident on the property of a registered family child care provider or registered in-home child care provider registered by LDOE to LDOE;

d. LDOE employees and potential employees responsible for the performance of licensing inspections to LDOE; and/or

e. listed on the SCR involving an owner, operator, current or prospective employee or volunteer of a juvenile detention facility licensed by Office of Juvenile Justice (OJJ) to OJJ.

10. LDOE is authorized to collect the $25 fee for the clearance on behalf of DCFS for requests from any owner, operator, current or prospective employee or volunteer of an early learning center licensed by the LDOE or for any provider, current or prospective employee, or resident of a registered family child care provider or registered in-home child care provider registered by LDOE. An owner, operator, current or prospective employee or volunteer of a specialized provider licensed by DCFS or juvenile detention facility licensed by Office of Juvenile Justice shall submit the $25 fee to DCFS with the written request which shall include the express consent of the applicant to the departments. DCFS will not disclose such information until there is confirmation of receipt of the $25 fee by LDOE or DCFS.

11. DCFS will disclose to a potential employer or another lead state agency information on perpetrators of child abuse and/or neglect who are listed on the SCR for individuals as requested by other states as pursuant to federal law for employees and potential employees of child day care settings; and, out of state child care institutions as defined by 42 USC 672, upon receipt of a written request containing the individuals consent and upon receipt of the $25 fee. DCFS will not disclose such information until it has confirmed receipt of the fee.

12. DCFS will disclose to a therapeutic group home licensed by the Louisiana Department of Health (LDH), or applicant for a license from LDH, information on perpetrators of child abuse and/or neglect who are listed on the state central registry upon receipt of the $25 fee for the clearance; and, the individuals written and signed consent for the following:

a. any person who owns, operates or manages a licensed therapeutic group home;

b. any person who has applied for a license to operate a therapeutic group home;

c. any person who is employed by, is contracted by, volunteers at, or interns with a therapeutic group home;

d. any person who has applied to be employed or contracted by a therapeutic group home;

e. any person who has applied to volunteer or intern with a therapeutic group home.

13. The information on the SCR for the above persons may be released to the LDH as required for LDH licensure of the therapeutic group home. This release shall not apply to contractors and other individuals providing a service at the therapeutic group home who are not employees, volunteers, interns, or contracted members of the staff of the therapeutic group home, including but not limited to plumbers, landscapers, or visiting resources.

14. DCFS will disclose information regarding perpetrators of child abuse and/or neglect listed on the SCR for any current or prospective employee or volunteer of a service provider who is obligated by contract with DCFS to conduct SCR checks prior to performing contracted duties in the Child Protective Services, Family Services or Foster Care programs within the Department.

15. DCFS will disclose information regarding perpetrators of child abuse and/or neglect listed on the SCR for any current or prospective employee or volunteer of a service provider who contracts with DCFS to provide Human Trafficking Advocacy services. The SCR checks shall be limited to those current or prospective employees or volunteers whose duties will require them to be alone with children.

La. Admin. Code tit. 67, § V-1103

Promulgated by the Department of Social Services, Office of Community Services, LR 18:79 (January 1992), amended LR 20:198 (February 1994), LR 21:583 (June 1995), LR 23:590 (May 1997), LR 26:790 (April 2000), LR 31:1609 (July 2005), LR 36:838 (April 2010), Amended by the Department of Children and Family Services, Division of Programs, Child Welfare Section, LR 42862 (6/1/2016), Amended by the Department of Children and Family Services, Division of Child Welfare, LR 44998 (6/1/2018), effective 7/1/2018, Amended LR 45217 (2/1/2019), Amended LR 451053 (8/1/2019), Amended LR 4614 (1/1/2020), effective 2/1/2020, Amended LR 491028 (6/1/2023), Amended LR 50, exp. 12/28/2024 (Emergency).

AUTHORITY NOTE: Promulgated in accordance with the Children's Code, title VI, articles 615 and 616 and title XII, article 1173, R.S. 14:403(H), R.S. 46:51.2(A), R.S 46:56, R.S. 46:1414.1, 42 USC 15601 et seq., 28 CFR 115.6., 42 USC 9858f and R.S. 40:2008.10.