Iowa is considering changes to their state’s child abuse registry in response to complaints that individuals are placed on the list prior to having an opportunity to contest the allegations. This in turn causes damage to one’s reputation without any finding of wrongdoing by an impartial hearing officer or judge.
In Connecticut, alleged perpetrators may be recommended for placement on the DCF Child Abuse Registry if DCF determines that the individual poses a risk to the health, safety or well-being of children. The individual is then notified by certified mail of their rights to appeal the decision. Normally, the individual is not placed on the Registry until all appeals are exhausted or waived. However, there are certain exceptions to this general rule. Some of the exceptions include the risk of serious injury to a child, the arrest of the individual based on the allegations or sexual abuse of a child.
I believe that even in these instances Due Process should allow the alleged perpetrator to contest their inclusion on the DCF Child Abuse Registry at an expedited and truncated hearing similar to a probable cause hearing in criminal court. If “probable cause” is found at the hearing the individual retains all rights to appeal the Registry recommendation through a full hearing at a later time. In the interim, his or her name would appear on the Registry. This strikes a balance between the privacy rights of the individual while protecting the public.
Please contact me to discuss removing your name from the DCF Child Abuse Registry.