Review and Expunction of Central Registries and Reporting Records - North Dakota

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Right of the Reported Person to Review and Challenge Records

Citation: Cent. Code § 50-25.1-05.4; Admin. Code §§ 75-03-18-02; 03; 04; 05; 07; 12; 13

The Department of Human Services shall adopt rules to resolve complaints and conduct appeal hearings requested by the subject of a report of suspected child abuse, neglect, or death resulting from abuse or neglect who is aggrieved by the conduct or result of an assessment.

In regulation: The subject of a report of suspected child abuse or neglect who is aggrieved by the result of the assessment may file an appeal.

A staff member of child protection services will notify the subject in writing of the decision resulting from an assessment. The staff member who notifies the subject of the decision resulting from the assessment shall complete an affidavit of mailing that becomes a part of the assessment record in the form and manner prescribed by the department.

A request for an appeal must be in writing on forms developed and provided by the department. The written request must include the following:

  • A succinct statement by the subject as to why the subject disagrees with the decision that includes all reasons or grounds with which the subject disagrees
  • A statement of the relief sought by the subject

An appeal may not be filed before the date of an assessment decision and must be filed within 30 days after the documented date of the subject notification of the decision. Notification is considered to have occurred 3 days after the date on the affidavit of mailing.

This chapter shall be construed to encourage informal, mutually consensual meetings or discussions between the subject and the assessing agency or regional human service center. Such informal review will not suspend or extend the time for filing an appeal.

The formal hearing must be conducted in substantial conformity with applicable provisions of chapter 75-01-03.

Neither a request for appeal under this chapter nor an appeal from that decision under North Dakota Century Code chapter 28-32 shall be construed to suspend the legal effect of an assessment decision during the time of the appeal, until such time as a final decision overturning the case decision has been made and not appealed.

If an assessment decision is reversed on appeal under this chapter or under North Dakota Century Code chapter 28-32, a notation of the fact that the finding was overturned must be added to the record.

When Records Must Be Expunged

Citation: Child Prot. Serv. Man. § 640-20-15

For those cases where a decision is made that services are required, the assessment information should be destroyed after 10 years from the date the decision is made. The identifying information will be expunged from the child abuse information index after 10 years from the date of the decision.

For those cases where a decision is made that no services are required/services recommended, the assessment information should be destroyed after 3 years from the date of the decision. The identifying information will not be kept on the index after the decision is made.

For those cases where a decision is made that no services are required and no services are recommended, the file should be destroyed after 1 year from the date of the decision. The identifying information will not be kept on the index.

If a subsequent decision is made, the assessment information from the prior decision will follow the date of the subsequent decision for destruction if the time line is longer. For example:

  • If an initial decision is made that 'services are required' and 3 years later a subsequent decision is made that 'services are required,' the information in the prior report will follow the date of the newer decision and both sets of information may be retained for 10 years from the new decision date.
  • If an initial decision is made that 'no services are required' and 1 year later a subsequent decision is made that 'no services are required,' the assessment information from the prior report will follow the date of the subsequent decision for destruction. Both sets of information may be retained for 3 years from the new date.
  • If an initial decision is made that 'services are required' and 2 years later a decision is made that 'no services are required,' the timeframe for retention for the initial 'services required' decision is not shortened to the 'no services required' timeframe.