|SB 0569||DFS to Retain Unsubstantiated Child Abuse Report For 60 Days|
|LR Number:||S2037.03P||Fiscal Note:||2037-03|
|Committee:||Aging, Families and Mental Health|
|Last Action:||05/01/96 - HCS Vote Tied H Children, Youth & Families Committee|
|Effective Date:||August 28, 1996|
SCS/SB 569 - This act would allow a person to file an appeal with the Director of the Division of Family Service for the removal of records of unsubstantiated claims of abuse or neglect 60 days after the notification of a finding of insufficient evidence. If the Director of the Division decides against the removal of such records, the person could then file a petition in the Circuit Court. If an appeal is not filed the records can remain in the information system for up to 3 years.
The act also provides that the Division of Family Services must notify persons of their right to appeal unsubstantiated claims.
The act would restrict the use of insufficient evidence of abuse or neglect case records from being used in child custody or visitation proceedings. It would also restrict an employer's use of insufficient evidence of abuse or neglect case records when making decisions regarding hiring, firing, reassigning, demoting or any other personnel decisions.
The act also specifies that any person who files a false
report will be subject to penalty provisions as a Class A
misdemeanor for first filing and Class D felony if there is more
than one false filing. If any person employed by the Division of
Family Services files a false report that person shall be subject
to suspension or termination of employment.