Introduction
DSS is required to maintain a Central Registry of Child Abuse and Neglect. § 63-7-1920(A). Perpetrators must be entered in the registry only by court order under § 63-7-1930, § 63-7-1940, § 17-25-135, or § 63-7-1230. Required information includes the person's date of birth, address, and any other identifying characteristics; and a description of the abuse or neglect committed by the person.
Quick View
§ 63-7-20(4). Definition of "child abuse or neglect" or "harm".
§ 63-7-1910. Purpose.
§ 63-7-1930. Petition for placement in Central Registry.
§ 63-7-1940. Court order for placement in Central Registry of Child Abuse and Neglect.
Preponderance of the evidence
- At an intervention, merits, or probable cause hearing, at which the court orders a child taken or retained in custody or finds that a child was abused or neglected, if the court finds by a preponderance of evidence that a defendant physically or sexually abused the child, or willfully or recklessly neglected the child, or gave birth to the infant and the infant tested positive for a controlled substance, prescription drugs not prescribed to the mother, or metabolite of a controlled substance (unless the presence of the substance or metabolite is the result of medical treatment), or the infant has a medical diagnosis of neonatal abstinence syndrome, the court must order the defendant's name be entered into the Registry without further proof of their danger to children. § 63-7-1940(A)(1) & (B).
- Other abuse or neglect, including the use of excessive corporal punishment, would not be a basis for an order entering the person in the Registry unless the court also makes a "significant risk" to children determination. § 63-7-1940(A)(2)(b).
- Any time following receipt of a report, DSS may petition the family court for an order
directing that the person named as perpetrator be entered in the Registry. § 63-7-1930(A).
- Note: This will allow the Registry to capture perpetrators identified as a result of day care investigations and other child protective services investigations that do not involve removal of custody or court ordered intervention.
- The petition must have attached a written case summary stating facts sufficient to establish by a preponderance of evidence that the person named as perpetrator abused or neglected the child and that the nature and circumstances of the abuse indicate that the person named as perpetrator would present a significant risk of committing physical or sexual abuse or willful or reckless neglect if placed in a position or setting outside the person's home involving care of or substantial contact with children.
- DSS must serve a copy of the petition and summary on the person named as perpetrator.
- The petition must include a statement that the judge must rule based on the facts stated in the petition unless the clerk of court or the clerk's designee receives a written request for a hearing from the person named as perpetrator within 5 days after service of the petition. The name, address, and telephone number of the clerk of court or the clerk's designee must be stated in the petition.
- If the person named as perpetrator requests a hearing, the court must schedule a hearing on the merits of the allegations to be held within 5 working days of the request.
- DSS must seek an order placing a person in the Registry pursuant to § 63-7-1930(A) in all cases in which DSS concludes that there is a preponderance of evidence that the person committed sexual abuse. § 63-7-1930(B).