§ 12-12-1716 — Adult and Long-term Care Facility Resident Maltreatment Central Registry

(a) (1) There is established within the Department of Human Services a statewide Adult and Long-term Care Facility Resident Maltreatment Central Registry. (2) The registry shall contain investigative determinations made by the department on all founded reports of adult maltreatment and long-term care facility resident maltreatment. (3) An offender's name shall be placed in the registry if: (A) After notice, the offender does not timely request an administrative hearing; or (B) Upon completion of the administrative hearing process, the department's investigative determination of founded is upheld. (4) An offender's name shall remain in the registry unless: (A) The name is removed under a statute; (B) The name is removed under a rule; or (C) The offender prevails upon appeal. (b) The department may adopt rules necessary to encourage cooperation with other states in exchanging reports to effect a national registry system of adult maltreatment. (c) (1) The department may charge a reasonable fee not to exceed ten dollars ($10.00) for researching, copying, and mailing records of the investigative files maintained under this subchapter. (2) The department may also charge a reasonable fee for reproducing copies of tapes and photographs maintained under this subchapter. (3) No fee may be charged to a nonprofit or volunteer agency that requests a search of the investigative files maintained under this subchapter. (4) No fee may be charged under this subchapter to a person who is indigent.

Legislative History

Acts 2005, No. 1812, § 1; 2009, No. 525, § 4.