sb 0409

CHAPTER 111

SB 409 - FINAL VERSION

AN ACT relative to the length of time reports of child abuse and neglect are maintained in the state's central registry.

SPONSORS: Sen. Gordon, Dist 2; Sen. McCarley, Dist 6; Rep. Arnold, Hills 20; Rep. McHugh, Hills 26; Rep. Gile, Merr 16

This bill requires founded reports of child abuse and neglect to be listed in the central registry and establishes a procedure for individuals to petition to have their names removed from the registry.

This bill is a result of the committee established pursuant to 2001, 99 (SB 123).

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

AN ACT relative to the length of time reports of child abuse and neglect are maintained in the state's central registry.

Be it Enacted by the Senate and House of Representatives in General Court convened:

111:1 Child Protection Act; Central Registry. RSA 169-C:35 is repealed and reenacted to read as follows:

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.