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NCJRS Abstract

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NCJ Number: 114329 Add to Shopping cart Find in a Library
Title: Confidentiality, Due Process and the Business of Central Registries: Legal and Policy Considerations
Author(s): D C Bross
Corporate Author: National Ctr for State Courts
United States of America
Date Published: 1988
Page Count: 55
Sponsoring Agency: National Ctr for State Courts
Williamsburg, VA 23185-4147
National Institute of Justice/
Rockville, MD 20849
NCJRS Photocopy Services
Rockville, MD 20849-6000
US Dept of Health and Human Services
Washington, DC 20447
Grant Number: 90-CA-1212
Sale Source: National Institute of Justice/
NCJRS paper reproduction
Box 6000, Dept F
Rockville, MD 20849
United States of America

NCJRS Photocopy Services
Box 6000
Rockville, MD 20849-6000
United States of America
Document: PDF
Type: Legislation/Policy Analysis
Language: English
Country: United States of America
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.
Main Term(s): Child abuse registers
Index Term(s): Confidential records access; Expungement or sealing of records; Right to Due Process
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