I.There shall be established a state registry for the purpose of maintaining a record of founded reports of abuse and neglect. The registry shall be confidential and subject to rules on access established by the commissioner of the department under RSA 541-A. The commissioner of the department shall allow the credentialing bureau of the department of education access to the records of applicants for purposes of RSA 21-N:9, II(s) and in accordance with RSA 189:13-c.
II.Upon receipt by the department of a written request and verified proof of identity, an individual shall be informed by the department whether that individual's name is listed in the founded reports maintained in the central registry. It shall be unlawful for any employer other than those providing services pursuant to RSA 1
Free access — add to your briefcase to read the full text and ask questions with AI
I. There shall be established a state registry for the purpose of maintaining a record of founded reports of abuse and neglect. The registry shall be confidential and subject to rules on access established by the commissioner of the department under RSA 541-A. The commissioner of the department shall allow the credentialing bureau of the department of education access to the records of applicants for purposes of RSA 21-N:9, II(s) and in accordance with RSA 189:13-c.
II. Upon receipt by the department of a written request and verified proof of identity, an individual shall be informed by the department whether that individual's name is listed in the founded reports maintained in the central registry. It shall be unlawful for any employer other than those providing services pursuant to RSA 169-B, RSA 169-C, RSA 169-D, and RSA 135-C, and those specified in RSA 170-E, RSA 170-G:8-c, and RSA 171-A to require as a condition of employment that the employee submit his or her name for review against the central registry of founded reports of abuse and neglect. Any violation of this provision shall be punishable as a violation.
III. Founded reports of abuse and neglect shall be retained indefinitely, subject to an individual's right to petition for the earlier removal of his or her name from the central registry as provided in this section.
IV. Any individual whose name is listed in the founded reports maintained on the central registry may petition the district court to have his or her name expunged from the registry.
(a) A petition to expunge shall be filed in the district court where the abuse and neglect petition was heard. In cases where the department makes a finding but no petition is filed with the court, a petition to expunge shall be filed in the district court where the petition for the abuse and neglect could have been brought.
(b) A petition to expunge shall be filed on forms promulgated by the district courts and may include any information the petitioner deems relevant.
(c) When a petition to expunge is filed, the district court shall require the department to report to the court concerning any additional founded abuse and neglect reports on the petitioner and shall require that the department submit the petitioner's name, birth date, and address to the state police to obtain information about criminal convictions. The court may require the department to provide any additional information that the court believes may aid it in making a determination on the petition.
(d) Upon the receipt of the department's report, the court may act on the petition without further hearing or may schedule the matter for hearing at the request of either party. If the court determines that the petitioner does not pose a present threat to the safety of children, the court shall grant the petition and order the department to remove the individual's name from the central registry. Otherwise, the petition shall be dismissed.
V. When an individual's name is added to the central registry, the department shall notify individuals of their right to petition to have their name expunged from the central registry. No petition to expunge shall be brought within one year from the date that the petitioner's name was initially entered on the central registry. If the petition to expunge is denied, no further petition shall be brought more frequently than every 3 years thereafter.
VI. Upon receipt of a written request from a court in conjunction with a petition for guardianship of a minor pursuant to RSA 463 or a petition for guardianship of an incapacitated person pursuant to RSA 464-A, or from another state's child welfare agency or from a private adoption agency that is licensed or certified in another state to check the central registry established under this section for information on a prospective foster or adoptive parent or any other adult living in the home of such a prospective foster or adoptive parent, the department shall conduct the requested check and shall provide the requesting court, state, or private adoption agency with the results of the check along with such additional information from the department's case records as the department deems necessary for the requesting court, state, or private adoption agency to be able to evaluate the results.
VII. (a) Notwithstanding any provision of law or administrative rule to the contrary, upon the receipt of a written request from another state's lead agency to check the name of a child care provider, child care staff member, or prospective child care staff member in its state against the department's state registry of founded reports of abuse and neglect established under this section, the department shall conduct the requested check and shall provide the results of the check to the requesting state's lead agency.
(b) In this paragraph:
(1) "Lead agency" means the state, territorial or tribal entity, or joint interagency office designated or established pursuant to the requirements of the federal Child Care and Development Fund program.
(2) "Child care provider" means a center based child care provider, a family child care provider, or another provider of child care services for compensation and on a regular basis that is not an individual who is related to all children from whom child care services are provided and is licensed, regulated, or registered under state law or eligible to receive assistance provided under the federal Child Care and Development Fund program.
(3) "Child care staff member" means an individual, other than an individual who is related to all children for whom child care services are provided:
(A) Who is employed by a child care provider for compensation, including contract employees or self-employed individuals;
(B) Whose activities involve the care or supervision of children for a child care provider or unsupervised access to children who are cared for or supervised by a child care provider; or
(C) Any individual residing in a family child care home who is age 18 or older.
VIII. Upon receipt of a written request from the department of education, credentialing bureau, the department shall provide the department of education with a copy of the notice of finding or court order establishing the finding and resulting individual's name being placed on the central registry.
IX. The department of education shall maintain the confidentiality of all division for children, youth, and families records.
1979, 361:2. 1983, 331:5. 1985, 367:1. 1993, 355:5. 1995, 310:173, 175. 2002, 111:1. 2007, 325:1. 2010, 160:1, eff. June 17, 2010. 2017, 39:3, eff. July 8, 2017; 62:1, eff. June 2, 2017. 2020, 26:44, eff. July 1, 2020. 2021, 122:47, eff. July 9, 2021; 209:2, Pt. II, Secs. 2 and 3, eff. Jan. 1, 2022.