Review and Expunction of Central Registries and Reporting Records - Rhode Island

Right of the Reported Person to Review and Challenge Records
Code of Rules § 214-20-00-1(1.14); Dept. Oper. Proc. # 100.0040

A notification of child protective services investigation form informs the subject of a child protective investigation that they have been identified as a suspected perpetrator in an alleged incident of child abuse or neglect. If the suspected perpetrator is a minor, the notification is used to inform the minor perpetrator's parent or guardian that child has been identified as a suspected perpetrator in an alleged incident of child abuse or neglect. The notice is hand delivered by the child protective investigator (CPI) to the suspected perpetrator. If the suspected perpetrator cannot be found, the notice is mailed to their last known address.  

The notification informs a person who is alleged to have perpetrated abuse and/or neglect upon a child whether the investigation will be "indicated" or "unfounded" and identifies the allegation(s) that have been "indicated" or "unfounded."  This notice advises the alleged perpetrator of the following:  

• In the case of an "indicated" finding, the department maintains the record permanently unless appealed. 
• In the case of an "unfounded" finding, the department maintains the record for 3 years. 
• All persons who have been aggrieved by a department determination have a right to appeal. All requests for appeal are submitted in writing to the Executive Office of Health and Human Services. 
• Any person seeking to file an appeal must submit a written request within 30 days of the date that individual receives written notice of the disposition of the investigation. 
• The "indicated" finding may be disseminated to a prospective child care employer. 

In policy: The Department of Children, Youth and Families has a responsibility to inform any person "indicated" due to a child abuse and/or neglect investigation of the right first to file a complaint with the appropriate department staff.  And if they are not satisfied with the agency's decision, the person must be informed of their subsequent right of appeal to the proper judicial forum.

The Executive Office of Health and Human Services provides an opportunity for any person who has been "indicated" due to a child abuse and/or neglect to be heard through a formal procedure to review an agency decision when efforts at a resolution within the respective divisions have not been successful. Before a formal appeal, an attempt may be made to resolve complaints at the level where the decision was made through a discussion with the staff member who made the decision or the staff member's supervisor or administrator.

A complaint is defined as any oral or written request for remedy made to a department staff person in the field or office or to supervisory or administrative staff concerning the administration of agency policies and programs, in which the legal rights, duties, or privileges of a specific person are required by law to be determined by the department.  Such complaints may include indicated child abuse or neglect findings.

Individuals may attempt to resolve their complaint at the level where the decision was made through a discussion with the staff who made the decision and/or the staff member's supervisor or administrator. If the attempt to resolve the complaint is unsuccessful, or if the individual wishes to directly file an appeal, the complainant is advised of the right to appeal to the Executive Office of Health and Human Services Appeals Office within 30 days of receipt of the division decision.

When Records Must Be Expunged
Citation: Gen. Laws §§ 40-11-3; 40-11-13.1

Any person who has been reported for child abuse and/or neglect and who has been determined not to have neglected and/or abused a child shall have their record expunged as to that incident 3 years after that determination.

All records concerning reports of child abuse and neglect made pursuant to this chapter, including reports made to the department, shall be destroyed 3 years after the date of a final determination by either the family court or the department that the reported child abuse or neglect did not in fact occur.