NCJ Number
114329
Date Published
1988
Length
55 pages
Annotation
Among the basic legal issues and questions surrounding the operations of central registries of reports on suspected child abuse and neglect are due process requirements of entering data, expungement of inappropriate data, and maintaining both confidentiality and appropriate access to data.
Abstract
To examine these issues, it is first necessary to define the purpose of central registries. The duties associated with managing central registries can then be examined, and a framework for analyzing policy can be offered. Once the theory and practice of registry management have been stated, legal precedents and issues can be placed in their proper context. These include the definition of child abuse and neglect, the degree of certainty required to maintain a record within the registry, the process for reaching the decision to substantiate or expunge, the way in which different data uses may affect due process requirements, possible misuse of data, and possible remedies of misuse. From a legal perspective, how much due process is due depends on the way the registry is used. Registries used primarily for case management and nonidentifying research, for example, will require relatively few safeguards beyond what normally is required of Government records. In contrast, if data are used to screen for the denial of child care licensing or employment, more rigorous procedures of notice, review, and appeal will be needed. Research involving identified cases will fall between these two extremes of due process and is controlled in part by separate laws governing human research. 44 case citations and 17 references.