Review and Expunction of Central Registries and Reporting Records - Washington
Right of the Reported Person to Review and Challenge Records
Citation: Rev. Code § 26.44.125
A person who is named as an alleged perpetrator in a founded report of child abuse or neglect after October 1, 1998, has the right to seek review and amendment of the finding as provided in this section. Within 30 calendar days after the Department of Children, Youth, and Families has notified the alleged perpetrator that he or she is named as an alleged perpetrator in a founded report of child abuse or neglect, the person may request that the department review the finding. The request must be made in writing. The written notice provided by the department must contain at least the following information in plain language:
- Information about the department's investigative finding as it relates to the alleged perpetrator
- Sufficient factual information to apprise the alleged perpetrator of the date and nature of the founded reports
- That the alleged perpetrator has the right to submit to child protective services a written response regarding the child protective services finding, which, if received, shall be filed in the department's records
- That information in the department's records, including information about this founded report, may be considered in a later investigation or proceeding related to a different allegation of child abuse or neglect or child custody
- That founded allegations of child abuse or neglect may be used by the department in determining whether a perpetrator is qualified to be licensed or approved to care for children or vulnerable adults or to be employed by the department in a position having unsupervised access to children or vulnerable adults
- That the alleged perpetrator has a right to challenge a founded allegation of child abuse or neglect
If a request for review is not made as provided in this section, the alleged perpetrator may not further challenge the finding and shall have no right to agency review or to an adjudicative hearing or judicial review of the finding, unless he or she can show that the department did not comply with notice requirements.
Upon receipt of a written request for review, the department shall review and, if appropriate, may amend the finding. Management-level staff within the department designated by the secretary shall be responsible for the review. The review must be completed within 30 days after receiving the written request for review. The review must be conducted in accordance with procedures the department establishes by rule. Upon completion of the review, the department shall notify the alleged perpetrator in writing of the agency's determination.
If, following agency review, the report remains founded, the person named as the alleged perpetrator in the report may request an adjudicative hearing to contest the finding. The request for an adjudicative proceeding must be filed within 30 calendar days after receiving notice of the agency review determination. If a request for an adjudicative proceeding is not made as provided in this subsection, the alleged perpetrator may not further challenge the finding and shall have no right to agency review or to an adjudicative hearing or judicial review of the finding.
When Records Must Be Expunged
Citation: Rev. Code § 26.44.031
The department shall destroy all of its records concerning the following:
- A screened-out report within 3 years from the receipt of the report
- An unfounded or inconclusive report within 6 years of completion of the investigation, unless a prior or subsequent founded report has been received regarding the child who is the subject of the report; a sibling or half-sibling of the child; or a parent, guardian, or legal custodian of the child before the records are destroyed