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Sunday, July 22, 2012

The List NH RSA 169:35 the DILEMMA - Child Protection Services

"A person may cause evil to others not only by his actions but by his inaction, and in either case he is justly accountable to them for injury."
John Stuart Mill

169-C:35 Central Registry. –
I. There shall be established a state registry for the purpose of maintaining a record of founded reports of abuse and neglect. The registry shall be confidential and subject to rules on access established by the commissioner of the department under RSA 541-A.

II. Upon receipt by the department of a written request and verified proof of identity, an individual shall be informed by the department whether that individual's name is listed in the founded reports maintained in the central registry. It shall be unlawful for any employer other than those specified in RSA 170-E and RSA 170-G:8-c to require as a condition of employment that the employee submit his or her name for review against the central registry of founded reports of abuse and neglect. Any violation of this provision shall be punishable as a violation.

III. Founded reports of abuse and neglect shall be retained for a period of 7 years subject to an individual's right to petition for the earlier removal of his or her name from the central registry as provided in this section.

IV. Any individual whose name is listed in the founded reports maintained on the central registry may petition the district court to have his or her name expunged from the registry. (a) A petition to expunge shall be filed in the district court where the abuse and neglect petition was heard. In cases where the department makes a finding but no petition is filed with the court, a petition to expunge shall be filed in the district court where the petition for the abuse and neglect could have been brought. (b) A petition to expunge shall be filed on forms promulgated by the district courts and may include any information the petitioner deems relevant. (c) When a petition to expunge is filed, the district court shall require the department to report to the court concerning any additional founded abuse and neglect reports on the petitioner and shall require that the department submit the petitioner's name, birth date, and address to the state police to obtain information about criminal convictions. The court may require the department to provide any additional information that the court believes may aid it in making a determination on the petition. (d) Upon the receipt of the department's report, the court may act on the petition without further hearing or may schedule the matter for hearing at the request of either party. If the court determines that the petitioner does not pose a present threat to the safety of children, the court shall grant the petition and order the department to remove the individual's name from the central registry. Otherwise, the petition shall be dismissed.

V. When an individual's name is added to the central registry, the department shall notify individuals of their right to petition to have their name expunged from the central registry. No petition to expunge shall be brought within one year from the date that the petitioner's name was initially entered on the central registry. If the petition to expunge is denied, no further petition shall be brought more frequently than every 3 years thereafter.

VI. Upon receipt of a written request from another state's child welfare agency or from a private adoption agency that is licensed or certified in another state to check the central registry established under this section for information on a prospective foster or adoptive parent or any other adult living in the home of such a prospective foster or adoptive parent, the department shall conduct the requested check and shall provide the requesting state or private adoption agency with the results of the check along with such additional information from the department's case records as the department deems necessary for the requesting state or private adoption agency to be able to evaluate the results.

Source. 1979, 361:2. 1983, 331:5. 1985, 367:1. 1993, 355:5. 1995, 310:173, 175, eff. Nov. 1, 1995. 2002, 111:1, eff. Jan. 1, 2003. 2007, 325:1, eff. July 16, 2007. 2010, 160:1, eff. June 17, 2010.

Section 169-C:35-a 169-C:35-a Records Management of Abuse and Neglect Reports. –

I. The department shall retain a screened-out report for one year from the date that the report was screened-out, after which time, the department shall delete or destroy all electronic and paper records of the report. In this section, a "screened-out report'' is one which the department has determined does not rise to the level of a credible report of abuse or neglect and is not referred for assessment.

II. The department shall retain an unfounded report for 3 years from the date that the department determined the case to be unfounded, after which time, the department shall delete or destroy all electronic and paper records of the report. [Paragraph III effective until July 1, 2011; see also paragraph III set out below.] III. The department shall retain a founded report for 7 years from the date that the petitionee has exhausted or failed to exercise his or her due process right to appeal the department's determination to found the report, after which time, the department shall delete or destroy all electronic and paper records of the report. [Paragraph III effective July 1, 2011; see also paragraph III set out above.]

III. The department shall retain a founded report for 7 years from the date that the department closes the case, after which time, the department shall delete or destroy all electronic and paper records of the report. [Paragraph IV effective until July 1, 2011; see also paragraph IV set out below.] IV. The provisions of paragraph III, which relate to the destruction of the records of founded reports, shall not apply to cases that remain open with the department in excess of 7 years or to adoption records. Upon the closure of a case which has remained open with the department in excess of 7 years, the department shall delete or destroy all electronic and paper records of the report. [Paragraph IV effective July 1, 2011; see also paragraph IV set out above.]

IV. The provisions of paragraph III, which relate to the destruction of the records of founded reports, shall not apply to foster placement records or to adoption records.

V. Nothing in this section shall prevent the department from retaining generic, non-identifying information which is required for state and federal reporting and management purposes.

Source. 2002, 162:1, eff. Nov. 11, 2002. 2010, 164:1, eff. July 1, 2011.

Parent's double check records to make sure your name is removed or not on this list when the court's make no finding against you. Fill our this form http://www.nh.gov/gal/documents/gal-form06.pdf and/or follow up with a phone call when they do not get back to you within a week to Central Registry 603-271-5192

Any questions call the office of the Ombudsman and demand answers for a review of what they do go here: http://www.dhhs.nh.gov/oos/ombudsman/index.htm

"People think responsibility is hard to bear. It’s not. I think that sometimes it is the absence of responsibility that is harder to bear. You have a great feeling of impotence."   — Henry Kissinger

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