OLR Bill Analysis
AN ACT CONCERNING THE REMOVAL OF INDIVIDUALS FROM THE STATE CHILD ABUSE AND NEGLECT REGISTRY.
This bill creates a good cause procedure that people can use to have their names removed from the Department of Children and Families' (DCF) child abuse and neglect registry. By law, the registry lists people the commissioner has determined to be responsible for committing child abuse or neglect (“substantiated”) and pose a risk to children's health, safety, or well-being. Companies that perform background checks, licensing agencies, and potential employers have access to information in the registry.
Under the bill, abusers must be listed in the registry for at least five years from the date of the final decision in the case that led to their registration. Thereafter, they can reapply for name removal every two years if a new application lists good cause that occurred since the denial of the last application.
The bill directs DCF to (1) design an application with space for the applicant to describe the basis of his or her good cause claim and (2) adopt implementing regulations in conformity with the Uniform Administration Procedures Act (UAPA). Current law required her to do so by July 1, 2006.
EFFECTIVE DATE: July 1, 2012
Under the bill, the commissioner's decisions are based on an applicant's showing of good cause. Good cause includes (1) the applicant's rehabilitation; (2) his or her acceptance of personal responsibility for actions and omissions that resulted in his or her name being placed on the registry; (3) a bona fide need for removal; and (4) at least two letters in support of the application, each from a person with knowledge of the applicant's successful rehabilitation.
If the commissioner finds good cause to approve an application, she must accurately reflect the information concerning the finding in the child abuse registry. If she does not find good cause, the applicant is entitled to an administrative hearing and appeal under the UAPA.
Joint Favorable Substitute