Review and Expunction of Central Registries and Reporting Records - Mississippi

Date: May 2018

Right of the Reported Person to Review and Challenge Records

Citation: Ann. Code § 43-21-257; Admin. Code § 18-006-101

The Department of Human Services shall adopt rules and administrative procedures, especially those procedures to afford due process to individuals who have been named as substantiated perpetrators before the release of their names from the central registry, as may be necessary to carry out this subsection.

In regulation: The department provides individuals who disagree with department findings or decisions covered under this policy a right to appeal the decision. An administrative process has been implemented to offer a fair, impartial, timely, and accessible hearing to any person whose name has been placed into the child abuse central registry as a perpetrator of child abuse or neglect or has a substantiated report of abuse or neglect against him or her.

With the establishment of the central registry, there also is the requirement to establish procedures to afford due process to individuals who have been named as substantiated perpetrators prior to the release of their name from the registry.

When a request for a fair hearing is received by the department, a hearing will be arranged. The administrative fair hearing must be conducted within 60 days after the receipt of the request for a hearing.

The hearing officer will do the following:

  • Schedule a date, time, and place for the hearing
  • Send a written notice of the scheduled hearing at least 30 days prior to the hearing date
  • Notify the Protection Unit of the scheduled hearing

The Protection Unit will then notify the county office responsible for the investigation report of the scheduled hearing and request the social worker or social worker's supervisor prepare to be present at the hearing and be prepared to present evidence that led to the individual's name being placed in the registry.

At the administrative fair hearing, either party may be represented by an attorney. The department will be asked to present all the evidence which led to the department's findings. The appealing party shall follow, presenting evidence that the reasons for the decision made are not true or not sufficient for the action taken.

After all evidence is heard or received and the hearing is completed, the presiding hearing officer shall prepare and file a written finding of facts and a decision on these findings and forward the document to the Protection Unit within 15 days of the hearing date.

If the administrative fair hearing reverses the department's decision, the Protection Unit will notify the appealing party in writing that his or her name shall be removed from the central registry by administrative procedures.

The decision of the hearing officer is final and binding, unless overturned by a court of competent jurisdiction.

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.