SB 535 - Under current law, the Children's Division is required to retain certain investigation reports and accompanying identifying information. In instances involving investigation reports where the Division has sufficient evidence to determine that a child was abused or neglected, but not sufficient evidence to identify a specific perpetrator or perpetrators, the Division shall retain all identifying information for use in subsequent investigations or family assessments of the same child, the child's family, or members of the child's household. If the Division made a finding of abuse or neglect against an unknown perpetrator prior to August 28, 2017, the Division shall remove the unknown perpetrator from the central registry, but shall retain and utilize all identifying information for use under this act. The Division shall notify the parents of the child that it has been unable to determine the identity of the perpetrator and that the Division shall retain, utilize, and disclose all information and findings as provided for in current law in family assessment and services cases.
Under current law, the Division may reopen a case for review upon the request of specified persons if new evidence is obtained that the Division's decision was based on fraud or misrepresentation of material facts and there is evidence that the Division's decision would have been different. This act removes those requirements. Instead, the Division may reopen a case for review if new, specific, and credible evidence is obtained.
This act is substantially similar to provisions in HCS/SS/SCS/SB 160 (2017), HCS/SB 195 (2017), SCS/HCS/HB 260 (2017), and SCS/HCS/HB 1158 (2017).