Review and Expunction of Central Registries and Reporting Records - Nevada
Right of the Reported Person to Review and Challenge Records
Citation: Admin. Code § 432B.170; Child Welfare Pol. Man. § 0516.5.1
When a finding of confirmed abuse or neglect of a child by the person responsible for the welfare of the child has been made, the agency that provides child welfare services shall:
- Provide written notification to the person concerning his or her right to appeal the finding
- Provide information on the appeals process
A request for an appeal must be made in writing to the agency within 15 days after the date on which the written notification is sent. A hearing that is held pursuant to this section must be conducted in accordance with chapter 233B.
In policy: There are three main reasons to overturn a finding from substantiated to unsubstantiated in the central registry system:
- Overturn a substantiated finding due to an agency appeal decision
- Overturn a substantiated finding based on a judicial decision
- Overturn a substantiated finding in due to a data entry error
To overturn a finding due to an agency appeal, the child welfare designee assigned to hear the appeal must have the authority to overturn the finding. Upon completion of the appeal process, the following actions will be taken by the agency that provides child welfare services:
- Within 5 days of rendering an appeal decision, the designee who heard the appeal will ensure that the case file documentation is completed to justify overturning the finding.
- A staff member designated by the child welfare agency or upper level manager will overturn the finding in the central registry and enter a case note that the approved change has occurred, noting where to find the documentation for the rationale for the decision.
- The designee who rendered the decision will send a letter to the individual whose finding has been overturned, notifying them of the change in the central registry.
- The same notification will be sent via email to the investigating caseworker and their supervisor.
- If a central registry check occurred prior to the appeal decision being rendered, another central registry check can be requested to reflect the current finding.
When a child welfare agency is notified that a finding has been overturned by a judicial review or a fair hearing, documentation of that decision and the rationale for the decision should be submitted to the designee responsible for overturning the finding in the central registry.
When Records Must Be Expunged
Citation: Rev. Stat. § 432.120
The information contained in the central registry concerning cases in which a report of abuse or neglect of a child has been substantiated by an agency that provides child welfare services must be deleted from the central registry no later than 10 years after the child who is the subject of the report reaches age 18.