Review and Expunction of Central Registries and Reporting Records - Kentucky

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Right of the Reported Person to Review and Challenge Records

Citation: Admin. Reg. Tit. 922, § 1:480

A person who has been found by the Cabinet of Health and Family Services to have abused or neglected a child may appeal the cabinet's investigative finding through an administrative hearing. The person must submit a written request for appeal to the cabinet no later than 30 calendar days from the date the notice of a substantiated finding of child abuse or neglect is postmarked. The request must include the following:

  • A description of the nature of the investigative finding
  • The specific reason the appellant disputes the cabinet's substantiated finding of child abuse or neglect
  • The specific name of each known cabinet staff person involved with the investigation
  • A copy of the notice of a substantiated finding of child abuse or neglect, if available

Upon receipt of a written request for appeal, the cabinet shall confirm whether the matter is subject to review through an administrative hearing. The following shall not be subject to review through an administrative hearing:

  • A matter in which a civil court having competent jurisdiction:
    • Has heard evidence and made a final judicial determination that abuse or neglect of a child did or did not occur
    • Is currently engaged in legal proceedings regarding the same issue being appealed
  • A matter in which an appellant has been criminally charged and convicted of an action that is the basis of the cabinet's finding of abuse or neglect of a child
  • A final administrative decision made by the cabinet as a result of a previous appeal on the same issue
  • An appeal that has been abandoned by an appellant who failed to demonstrate good cause for failure to go forward
  • Failure to submit a written request for appeal within the established timeframe, unless an appellant demonstrates good cause
  • An investigation that results in an unsubstantiated finding of abuse or neglect of a child

The cabinet shall reserve the right, in its sole discretion, to amend, modify, or reverse its investigative finding of child abuse or neglect at any time based upon a review of the cabinet's records or subsequent discovery of additional information.

When Records Must Be Expunged

Citation: Admin. Reg. Tit. 922, § 1:470

Each name shall be removed from the central registry after a period of 7 years if both of the following are true:

  • No additional incident of child abuse or neglect has been substantiated by the cabinet since the time of the incident for which the individual's name was placed on the registry.
  • Cabinet records indicate that the incident for which the individual's name was placed on the registry did not relate to any of the following:
    • Sexual abuse or sexual exploitation of a child
    • A child fatality related to abuse or neglect
    • A near fatality related to abuse or neglect
    • Involuntary termination of parental rights in accordance with §§ 625.050 through 625.120