Review and Expunction of Central Registries and Reporting Records - Mississippi

Right of the Reported Person to Review and Challenge Records
Citation: Admin. Code § 18-006-102, Part II(E), (5)(e)

The Department of Human Services, Division of Family and Children's Services (DFCS) provides individuals who disagree with DFCS findings or decisions covered under this policy a right to appeal the decision.  The Child Abuse Prevention and Treatment Act (CAPTA) Amendments of 1996, (P.L. 104.235) (as codified at 42 U.S.C. Section 5106a) requires States to have provisions, procedures, and mechanisms in effect by which individuals who disagree with an official finding of child abuse or neglect can appeal such a finding. This requirement applies to the perpetrator of child abuse or neglect and applies to States receiving funds under a CAPTA State plan.  

This requirement is to ensure that individuals who have been found by the State to have committed child abuse or neglect are afforded due process. It also requires that individuals be given written notification of their right to appeal and the method by which they may appeal at the time they are notified of the official finding of child abuse or neglect; and that the office or individual hearing such appeals cannot be involved in any other state of the case, and that such officer or individual has the authority to overturn a previous finding of abuse or neglect.

When Records Must Be Expunged
Citation: Ann. Code § 43-21-263

The youth court may order the sealing of records involving children under the following conditions:

• The child who was the subject of the case has reached age 20.
• The youth court has dismissed the case. 
• The youth court sets aside an adjudication in the case.