La. Admin. Code tit. 67 § V-1105

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

Section V-1105 - Maintenance and Disclosure of Information on Reports and Investigations on the State Repository

A. The Department of Children and Family Services (DCFS) will maintain records of investigations on reports of child abuse and/or neglect in families determined to be not justified/invalid on the State Repository. Except as specifically authorized by law, the records will be maintained for the exclusive use of child protection services to assist in future risk and safety assessments, and shall not become part of the SCR. The information shall be confidential and will not be released to other persons or agencies outside of DCFS, except as specifically authorized by law.

1. Records of reports that have been determined to be not justified/invalid shall be maintained on the state repository for 7 years from the date of the determination. At the end of 7 years from the date of the determination, the information will be expunged unless there have been subsequent reports and investigations involving the same perpetrator. When there are subsequent investigations with determinations of not justified/invalid or inconclusive, all records will be maintained until the youngest child in the victims family at the time of the investigation reaches the age of 18 or 7 years from the date of the latest determination, whichever is longer.

2. When there are subsequent investigations involving the same perpetrator determined to be justified/valid and the information from the not justified/invalid report is used as a part of the basis for a later, related justified/valid report, the earlier not justified/invalid report shall become part of the file of such justified/valid report and shall cease to be a separate report. All the information is maintained until the retention period for the justified/valid finding has elapsed.

B. DCFS will maintain records on the state repository on reports of child abuse and/or neglect in families determined to be inconclusive for seven years after the determination of the finding unless there is a subsequent report and investigation involving the same perpetrator. If there is a subsequent investigation determined to be not justified/invalid or inconclusive, the information will be maintained until the youngest child in the alleged victims family at the time of the investigation reaches the age of eighteen or seven years from the date of the latest determination, whichever is longer. When there are subsequent investigations determined to be justified/valid and information from the inconclusive investigation is used as a part of the basis for a later, related justified/valid determination, the inconclusive report shall become part of the file of such justified/valid report and shall cease to be a separate report. All the information is maintained until the longest retention period for the determinations has elapsed.

C. DCFS will maintain information on the state repository on reports and investigations of child abuse/neglect in foster homes, specialized providers, juvenile detention centers, residential facilities, day care centers, and registered family child day care homes determined to be not justified/invalid or inconclusive. These records will be maintained for seven years unless there is a subsequent report and investigation involving the same alleged perpetrator. In that case, all records will be maintained an additional seven years for the not justified/invalid or inconclusive determination.

D. Information on investigations determined to be client non-cooperation will be maintained on the state repository for seven years unless there is a subsequent investigation involving the same perpetrator, in which case all records will be maintained until the retention period for the subsequent determination has elapsed.

E. Information on investigations determined to be unable to locate will be maintained on the state repository for three years unless there is a subsequent investigation or alternative response family assessment involving the same perpetrator, in which case all records will be maintained until the retention period for the subsequent determination or assessment has elapsed.

F. Information on intake cases on families and out-of-home settings closed as not accepted for an investigation or an alternative response family assessment with current or previous DCFS involvement will be maintained on the state repository for 18 months or the record retention period for the closed or active case, whichever is longer. If a subsequent not accepted report involving the same perpetrator is received within the 18 month retention period, all intake cases are maintained until the most recent not accepted report has been maintained for 18 months. If there are subsequent reports involving the same perpetrator accepted for investigation, all not accepted reports are maintained until the longest retention period for the justified/valid determinations or assessments has elapsed.

G. Protective service alerts from other states will be maintained on the state repository for one year from the month the information is entered into the agency computer tracking and management system when the protective service alert is not associated with a DCFS case. Protective service alerts associated with a DCFS and family services case are retained for the retention period for the associated agency case.

H. Alternative response family assessment records are retained on the state repository for seven years from the date of closure. If there are subsequent investigations or alternative response family assessments involving the same perpetrator, all information will be maintained until the retention period for the subsequent determination has elapsed, however in no circumstance will the original assessment be maintained for less than seven years.

I. Information on a report and investigation determined to be a false report will be maintained on the state repository for six years.

J. Case information and findings from investigations that include individuals with justified/valid findings for their involvement as a perpetrator of child abuse or neglect in a case that includes a tier 1 justified/valid finding will be maintained on the state repository indefinitely. Case information and findings from investigations that involve individuals with justified/valid findings for their involvement as a perpetrator of child abuse or neglect in a case that does not include a tier 1 justified/valid finding will be maintained on the state repository for 18 years from the date of the finding.

K. Information on a report and investigation determined to be inconclusive is confidential and shall only be released for the following purposes, unless otherwise specifically authorized by law.

1. Information on an adult with an alleged involvement in the abuse/neglect may be released, with the individual's written permission when they are applying to be a volunteer, foster parent, adoptive parent, or caregiver pursuant to Louisiana Childrens Code Ch. C., article 616.

2. Information regarding a report and investigation may be released to law enforcement without an individuals consent with a current criminal investigation involving acts against children.

L. Information on a report and investigation determined to be justified/valid maintained on the state repository shall not be released for employment purposes, except as allowed by LAC 67:V.1103, and shall only be released for the following purposes, except as specifically authorized by law.

1. DCFS will disclose information regarding perpetrators of child abuse and/or neglect listed on the state repository 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 information regarding perpetrators of child abuse and/or neglect listed on the state repository for the limited purpose of evaluating applicants for CASA volunteers, with their signed consent.

3. DCFS will disclose information regarding perpetrators of child abuse and/or neglect listed on the state repository 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.

4. DCFS will disclose information regarding perpetrators of child abuse and/or neglect listed on the state repository when requested as part of the application process of 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. Information disclosed shall be limited to those names recorded on the repository subsequent to January 1, 2010.

5. DCFS will disclose information on perpetrators with justified/valid sexual abuse determinations on the state repository 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 containing the individuals consent.

6. DCFS will disclose information on the state repository 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.

7. DCFS will disclose information regarding perpetrators of child abuse and/or neglect in foster homes, child day care centers, specialized providers, juvenile detention centers, residential facilities, registered family child day care homes and residential facilities on all valid determinations on the state repository to the agency or sponsoring agency responsible for the licensure or registration of the facility.

M. Any person whose name is included on the SCR prior to August 1, 2018 with a justified/valid determination 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 information on file should not be expunged. DCFS will expunge the petitioner's name and other identifying information from the SCR upon receipt of a court order to do so. Any expungement order issued by a court shall not take effect as to non-identifying statistical information on file until the three-year record retention period required by federal law for audit purposes has expired, counting from the month and year of the determination. During the three-year record retention period, such records bearing the non-identifying statistical information shall be sealed and accessible only to the financial auditors.

N. When after an investigation, the determination is made by the department that the report does appear to be justified/valid, any subsequent adjudication by a court exercising juvenile jurisdiction which dismisses the child in need of care petition involving the report shall be added to the State Repository.

O. An individual may inquire in person at a DCFS parish child welfare office as to whether they have any appealable justified/valid findings when they provide proof of their identity. They will be advised in writing of any appealable justified/valid finding and of their right to an administrative appeal.

La. Admin. Code tit. 67, § V-1105

Promulgated by the Department of Social Services, Office of Community Services, LR 26:96 (January 2000), amended LR 31:1608 (July 2005), LR 36:840 (April 2010), Amended by the Department of Children and Family Services, Division of Child Welfare, LR 441000 (6/1/2018), effective 7/1/2018, Amended LR 45218 (2/1/2019), Amended LR 471102 (8/1/2021).

AUTHORITY NOTE: Promulgated in accordance with Louisiana Children's Code Article 616.