Review and Expunction of Central Registries and Reporting Records - Connecticut

Right of the Reported Person to Review and Challenge Records

Citation: Gen. Stat. § 17a-101k

Upon the issuance of a recommended finding that an individual is responsible for abuse or neglect of a child, the Commissioner of Children and Families shall provide notice of the finding, by first class mail, no later than 5 business days after the issuance of such finding, to the individual who is alleged to be responsible for the abuse or neglect. The notice shall:

• Contain a short and plain description of the finding that the individual is responsible for the abuse or neglect of a child
• Inform the individual of the existence of the registry and of the commissioner's intention to place the individual's name on the registry unless the individual exercises his or her right to appeal the finding
• Inform the individual of the potential adverse consequences of being listed on the registry, including, but not limited to, the potential effect on the individual obtaining or retaining employment or licensure or engaging in activities involving direct contact with children, and inform the individual of the individual's right to administrative procedures as provided in this section to appeal the finding
• Include a written form for the individual to sign and return, indicating if the individual will invoke the appeal procedures

Following a request for appeal, the commissioner shall conduct an internal review of the recommended finding to be completed no later than 30 days after the request for appeal is received by the department. The commissioner shall review all relevant information relating to the finding to determine whether the finding is factually or legally deficient and ought to be reversed. Prior to the review, the commissioner shall provide the individual access to all relevant documents in the possession of the commissioner regarding the finding of responsibility for abuse or neglect of a child.

The individual or the individual's representative may submit any documentation that is relevant to a determination of the issue and may, at the discretion of the commissioner, participate in a telephone conference or face-to-face meeting to be conducted for gathering additional information that may be relevant to determining whether the finding is factually or legally deficient.

If the commissioner, as a result of the prehearing review, determines that the recommended finding of abuse or neglect is factually or legally deficient, the commissioner shall so indicate, in writing, and shall reverse the recommended finding. The commissioner shall send notice to the individual by certified mail of the commissioner's decision to reverse or maintain the finding no later than 5 business days after the decision is made. If the finding is upheld, the commissioner shall notify the individual of the right to request a hearing. The individual may request a hearing no later than 30 days after receipt of the notice. The hearing shall be scheduled no later than 30 days after receipt by the commissioner of the request for a hearing, except for good cause shown by either party.

At the hearing, the individual may be represented by legal counsel. The burden of proof shall be on the commissioner to prove that the finding is supported by a fair preponderance of evidence submitted at the hearing. No later than 30 days after the conclusion of the hearing, the hearing officer shall issue a written decision to either reverse or uphold the finding.

When Records Must Be Expunged

Citation: Gen. Stat. § 17a-101k

Records containing unsubstantiated findings and records relating to family assessment cases shall remain sealed, except that such records shall be made available to department employees in the proper discharge of their duties. These records shall be expunged by the commissioner 5 years from the completion date of the investigation or the closure of the family assessment case, whichever is later, if no further report is made about the individual subject to the investigation or the family subject to the assessment.

If the department receives more than one report on an individual subject to investigation or a family subject to assessment and each report is unsubstantiated, all reports and information pertaining to the individual or family shall be expunged by the commissioner 5 years from the completion date of the most recent investigation.