Review and Expunction of Central Registries and Reporting Records - District of Columbia

Right of the Reported Person to Review and Challenge Records
Citation: Ann. Code §§ 4-1302.05; 4-1302.06

The staff that maintains the child protection register shall, within 7 days from the date that a report is entered in the register, give notice to each person identified in the report that the report identifies them as responsible for the alleged abuse or neglect of the child who is the subject of the report.

This notice shall include the following information:

• The date that the report identifying the person was entered in the child protection register
• The right of the person to review the entire report, except information that identifies other persons mentioned in the report
• The administrative procedures through which the person may seek to correct information that they allege is incorrect or to establish that the report is unfounded
• A statement, in all capital letters, that states: "This is a very serious matter."
• A statement that the person may be prevented from working in an organization serving children or in a public or private school if the person's name remains in the child protection register. 

The mayor shall establish, by rules adopted pursuant to § 2-501, et seq., procedures to permit a person identified in the child protection register to challenge information that they allege is incorrect or establish that a report is unfounded.

When Records Must Be Expunged
Citation: Ann. Code § 4-1302.07

The staff that maintains the child protection register shall expunge from each inconclusive report from the child protection register one year after the date the report was entered in the child protection register if no subsequent substantiated or inconclusive reports involving the person identified as responsible or possibly responsible for the abuse or neglect was entered in the child protection register during the preceding 1-year period.

The staff that maintains the child protection register shall expunge a substantiated report from the child protection register as follows:

• Three years after the date that the report was entered in the register if the child was not removed pursuant to § 4-1303.04, and no subsequent substantiated or inconclusive report involving the person identified as responsible for the abuse or neglect was entered in the register during the preceding 3-year period. 
• Three years from the date that the child, if removed pursuant to § 4-1303.04 and a court made a finding that the child was abused or neglected, was reunified with the person identified as responsible for the abuse or neglect, or 5 years from the date that the substantiated report was entered in the register, whichever occurs first; provided, that no subsequent substantiated or inconclusive report involving the person identified as responsible for the abuse or neglect was entered in the register.
• If, during the time a prior substantiated or inconclusive report is on the register, a subsequent substantiated or inconclusive report is entered in the register that identifies the same individual as responsible or possibly responsible for the abuse or neglect, the prior report shall not be expunged until the subsequent report is expunged from the register.

The staff who maintain the child protection register shall expunge the following from the register:

• Any unfounded report immediately upon such classification by the Child and Family Services Agency
• Any material successfully challenged as incorrect pursuant to the rules adopted under § 4-1302.06

Notwithstanding any other provision of this section or other District law, substantiated reports involving a child fatality, sexual abuse, sex trafficking, or serious physical injury shall not be expunged from the Child Protection Register. For purposes of this section, a serious physical injury includes the following:

• Broken bones or fractures
• Medical abuse
• Adult-sized human bites
• Cases involving children who have been tortured, tied, or confined
• Suspicious burns or head injuries or significant injuries with an implausible explanation
• A physical injury that does the following:
  • Creates a substantial risk of death
  • Causes serious and protracted impairment of health or protracted loss or impairment of the function of a bodily organ
  • Involves hospitalization or surgical procedures

The mayor or the mayor's designee shall have the right to overrule any expungement provided by this section on a case-by-case basis.