Sec. 07.02.07.19. Expungement of Child Abuse and Neglect Records

A. General Rules for Expungement.

(1) Investigations.

(a) A local department shall not expunge records related to an investigation resulting in an indicated finding.

(b) A local department shall expunge records related to an investigation resulting in an unsubstantiated finding within 5 years of receiving the report.

(c) A local department shall expunge records related to an investigation resulting in a ruled out finding within 2 years of receiving the report.

(d) A local department shall expunge records related to a screened out report of child abuse or neglect within 2 years of receiving the report.

(2) Alternative Response. The local department shall expunge all records related to an alternative response within 3 years of receiving the report.

B. Exceptions to the General Rules for Expungement.

(1) Prior Reports - Extended Expungement Dates.

(a) If the local department accepts for a CPS response a report concerning an individual who was the alleged maltreator in a previous investigation or a participant in a previous alternative response, the local department shall not expunge the record related to the previous CPS response before the expungement of the record relating to the subsequent CPS response.

(b) If a record in a previous CPS response has an expungement date later than the expungement date for a subsequent CPS response, the general rules for expungement apply.

(2) Investigation Response Record - Good Cause for Expungement.

(a) Upon written request by an alleged maltreator, the local department shall determine if good cause exists to immediately expunge a record related to an investigation that resulted in a ruled out finding prior to the prescribed expungement date.

(b) The director of the local department will determine whether good cause exists based on an evaluation of whether the investigative record would serve any purpose in a future CPS response.

(c) The local department’s determination as to whether good cause exists is final and not subject to further review.

(3) Upon written request by an alleged maltreator, the local department may retain a record of an investigation past the expungement date.

C. The local department shall not expunge any record related to an investigation until there has been a final determination.

D. Expungement of records in accordance with this regulation will include shredding or deleting all documents including the report of suspected child abuse or neglect and all assessments and investigative findings stored in any manner.