Establishment and Maintenance of Central Registries for Child Abuse or Neglect Reports - Vermont

Date: May 2018

Establishment

Citation: Ann. Stat. Tit. 33, § 4916

The commissioner of the Department of Social and Rehabilitation Services shall maintain a child protection registry that shall contain a record of all investigations that have resulted in a substantiated report on or after January 1, 1992.

Purpose

Citation: Ann. Stat. Tit. 33, § 4916

The commissioner shall adopt rules to permit use of the registry records as authorized by this subchapter while preserving confidentiality of the registry and other department records related to abuse and neglect.

Contents

Citation: Ann. Stat. Tit. 33, § 4916

A registry record is an entry in the child protection registry that consists of the name of an individual substantiated for child abuse or neglect, the date of the finding, the nature of the finding, and at least one other personal identifier, other than a name, listed in order to avoid the possibility of misidentification.

For all substantiated reports of child abuse or neglect made on or after the date the final rules are adopted, the commissioner shall create a registry record that reflects a designated child protection level related to the risk of future harm to children. This system of child protection levels shall be based upon an evaluation of the risk the person responsible for the abuse or neglect poses to the safety of children. The risk evaluation shall include consideration of the following factors:

  • The nature of the conduct and the extent of the child's injury, if any
  • The person's prior history of child abuse or neglect, either as a victim or perpetrator
  • The person's response to the investigation and willingness to engage in recommended services
  • The person's age and developmental maturity

Maintenance

Citation: Ann. Stat. Tit. 33, § 4916

The commissioner shall develop rules for the implementation of a system of child protection registry levels for substantiated cases. The rules shall address:

  • Length of time a person's name appears on the registry
  • When and how names are expunged from the registry
  • Whether the person is a juvenile or an adult
  • Whether the person was charged with or convicted of a criminal offense arising out of the incident of abuse of neglect
  • Whether a family court has made any findings against the person