Ala. Admin. Code r. 660-1-6-.05

Current through Register Vol. 43, No. 1, October 31, 2024

Section 660-1-6-.05 - Child Abuse And Neglect Records

Child Abuse and Neglect (CA/N) records and other confidential information shall not be used or disclosed for any purposes other than:

(a) persons in a position to help or assist in the prevention or discovery of abuse or neglect of children through the information contained therein;

(1) Upon approved request, to an employer or potential employer of an employee where the employment involves care or supervision of children. An employer is one who engages persons for either paid or voluntary positions. This would include a public or private child care agency, center or institution in clearing persons who are applying for employment or to be foster or adoptive parents. This would include organizations such as Boy Scouts, Girl Scouts, summer camp programs, YMCA, etc. All requests must be submitted on an approved Department form. Clearance through the Child Abuse/Neglect Registry will be limited to persons listed as perpetrators or alleged perpetrators. Information will be released only upon a determination by the State Department that the information in the Central Registry will help discover or prevent abuse or neglect of children.

(b) police or other law enforcement agencies conducting a child abuse and neglect investigation;

(c) a grand jury where it determines that the information is necessary to the conduct of its original business;

(d) a court of law where it finds that such information is necessary for the determination of an issue before the court;

(e) a person involved in bona fide research approved by the Commissioner;

(f) a court appointed representative of an abused or neglected child who is the subject of the report;

(g) a physician who has before him a child he reasonably suspects may be abused or neglected; and

(h) to an attorney or guardian ad litem representing or defending a child or his or her parents or guardians in a court proceeding related to abuse or neglect of said child; provided however, requests made for circumstances not involving the custody determination of a child shall be made via a subpoena.

(i) to child support agencies, on indicated reports of suspected physical, sexual, or emotional abuse, for the purposes of establishing indicators of domestic violence or abuse. "Domestic violence or abuse" is defined as: "Physical acts that resulted in, or threatened to result in, physical injury; sexual abuse; sexual activity involving a dependent child; being forced as the caretaker relative of a dependent child to engage in non-consensual sexual acts or activities; threats of, or attempts at, physical or sexual abuse; mental abuse; neglect or deprivation of medical care; battery; or extreme cruelty."

Ala. Admin. Code r. 660-1-6-.05

Effective March 22, 1985. Emergency amendment effective November 22, 1989. Succedent permanent amendment effective March 9, 1990. Amended: Filed February 18, 1999; effective March 25, 1999.

Amended by Alabama Administrative Monthly Volume XL, Issue No. 04, Janauary 31, 2022, eff. 5/15/2022.

Amended by Alabama Administrative Monthly Volume XL, Issue No. 06, March 31, 2022, eff. 5/15/2022.

Author: Joshua Lane

Statutory Authority:Code of Ala. 1975, §§ 26-14-8, 38-2-6, 38-7-13, 41-22-4.