Review and Expunction of Central Registries and Reporting Records - Idaho

Date:

Right of the Reported Person to Review and Challenge Records

Citation: Idaho Code § 16-1629(10); Admin. Code § 16.05.03.500

The Department of Health and Welfare shall establish appropriate administrative procedures for the conduct of administrative reviews and hearings as required by Federal statute for all children committed to the department and placed in out-of-home care.

In regulation: A substantiated incident of child abuse, neglect, or abandonment will automatically become effective and be placed on the child protection central registry, unless the individual identified in the notification files a request for an administrative review within 28 days from the date on the notification. The request for an administrative review must be mailed to the Family and Community Services (FACS) division administrator.

The request for an administrative review must identify the notification being protested and explain the reasons for disagreement. Additional information may be provided for the administrator's consideration.

The FACS division administrator will consider all available information and determine whether the incident was erroneously determined to be 'substantiated.' The administrator will furnish a written decision to the individual.

When Records Must Be Expunged

This issue is not addressed in the statutes reviewed.