Review and Expunction of Central Registries and Reporting Records - Wyoming
Right of the Reported Person to Review and Challenge Records
Citation: Ann. Stat. § 14-3-213; Code of Rules § 049-0006-2
Any person named as a perpetrator of child abuse or neglect in any report maintained in the central registry that is classified as a substantiated report shall have the right to have included in the report his or her statement concerning the incident giving rise to the report. Any person seeking to include a statement pursuant to this subsection shall provide the State agency with the statement.
The State agency shall provide notice to any person identified as a perpetrator of his or her right to submit his or her statement in any report maintained in the central registry.
In regulation: In substantiated cases, the Department of Family Services shall inform the alleged perpetrator in writing that:
- Their name has been entered on the central registry.
- They may respond in writing to the findings of the investigation and such statement will be included with the central registry report.
- They may request an administrative hearing pursuant to the department's contested case hearing procedures.
Following a determination of substantiation, an alleged perpetrator of abuse and/or neglect who is aggrieved by the determination may request an administrative hearing. Requests for an administrative hearing shall be submitted in writing within 20 days of the date of the notice of the determination. In those cases in which criminal charges arising out of facts of the investigation are pending, the request for review shall be made within 20 days from the court's final disposition or dismissal of the charges. If criminal charges are filed after the request for hearing has been made but before the administrative hearing is held, the hearing request will be dismissed and a subsequent request may be submitted pursuant to the terms of this subsection.
An opportunity to discuss the issues and resolve the dispute shall be offered. If the dispute is resolved to the satisfaction of both parties, the person who requested the administrative hearing shall sign a statement withdrawing the request. If the dispute is not resolved, the matter shall proceed to hearing.
Notwithstanding any other provision in this section, an alleged perpetrator is not entitled to an administrative hearing if the perpetrator has been convicted, adjudicated, or there is a finding by a civil, juvenile, or criminal court, or a consent decree whether by a plea of guilty, finding of guilt, or nolo contendere plea that the alleged perpetrator committed certain acts that the child protective act defines as abuse or neglect.
When Records Must Be Expunged
Citation: Ann. Stat. § 14-3-213
Upon good cause shown and upon notice to the subject of an 'under-investigation' or 'substantiated' report, the State agency may list, amend, expunge, or remove any record from the central registry in accordance with rules and regulations adopted by the State agency.
Within 6 months, all reports classified as 'under investigation' shall be reclassified as 'substantiated' or expunged from the central registry, unless the State agency is notified of an open criminal investigation or criminal prosecution. Unsubstantiated reports shall not be contained within the central registry.