W. Va. Code R. § 81-16-12

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 81-16-12 - Responsibilities of the Child Abuse and Neglect Registry

12.1. The Registry shall maintain the central registry of information on those persons who are required to be registered.

12.2. The Registry is authorized to release child abuse or neglect registration information and documentation to federal, state and local governmental agencies responsible for conducting pre-employment checks.

12.3. The Registry may release child abuse or neglect registration information and documentation, when properly requested, to authorized law enforcement and governmental agencies of the United States, its territories, foreign countries authorized to receive the same, other state jurisdictions and the state of West Virginia.

12.3.a. These countries/government jurisdictions must stipulate in writing that this information is necessary in the interest of and administration of official duties and criminal laws.

12.4. Within five (5) business days of notification, the Registry shall remove a name from the Registry when properly ordered by a circuit court following a petition by a registered person whose conviction has been overturned and shall;

12.4.a. Within five (5) business days of receipt of the notice, inform the State Police detachment, in the county where the person resides, that the person has been removed from the Registry files.

12.4.b. Within five (5) business days of receipt of the notice, provide the updated information to the Department of Health and Human Resources that the person has been removed from the registry.

12.5. When notified that a person required to register has changed or intends to change their address to an address outside the county where the person has been residing the Registry shall;

12.5.a. Within five (5) business days of notification, update the Registry with the person's change of address or intended address.

12.5.b. Within five (5) business days of receipt of the notice, inform the State Police detachment, in the county where the person resides, of the person's change of address or intended address.

12.5.c. Within five (5) business days of receipt of the notice, inform the State Police detachment, in the county where the person intends to reside, of the person's change of address or intended address and the need for that person to register by physically appearing in that State Police detachment and providing the information required for registration.

12.5.d. Within five (5) business days of receipt of the notice, provide the information to the Department of Health and Human Resources of the person's change of address or intended address.

12.6. When notified that a person required to register has moved or intends to move outside of the state, or country, the Registry shall;

12.6.a. Within five (5) business days of notification, update the Registry with the person's change of address or intended address.

12.6.b. Within five (5) business days of receipt of the notice, inform the State Police detachment, in the county where the person resides, of the person's change of address or intended address.

12.6.c. Within five (5) business days of receipt of the notice, provide the information to the Department of Health and Human Resources of the person's change of address or intended address.

12.6.d. Within ten (10) business days of the notice, inform the law enforcement officials in the jurisdiction where the person indicated he or she intends to reside of the information provided by the person and any other information included in the Registry.

12.7. Upon request by a registered individual, the information pertaining to that individual shall be forwarded within fifteen (15) business days by certified or registered mail.

12.8. Upon receipt of a statement from a person included in the Registry that all or part of the recorded information is inaccurate, the Registry shall;

12.8.a. Within thirty (30) business days of receipt of the statement ascertain if the recorded information contains any inaccuracies.

12.8.b. Within fifteen (15) business days of verification of any inaccuracies, correct any identified inaccuracies.

12.8.c. Within five (5) business days of verification of any inaccuracies, inform the State Police detachment, in the county where the person resides of the corrected information.

12.8.d. Within five (5) business days of verification of any inaccuracies, provide the corrected information to the Department of Health and Human Resources.

12.9. The registry shall maintain an active file or log of requests for information included in the Registry for a period of one year of date of request. The file shall include:

12.9.a. Full name of the authorized requester;

12.9.b. If applicable, the full name and address of the authorized requester's agency or organization;

12.9.c. If not associated with an agency or organization, the full address of the authorized requester;

12.9.d. A statement detailing the need for the requested information or, if applicable, the provision of code(s) specifying the information is to be utilized for investigative purposes.

12.10. The registry is authorized to enter into agreement with other states providing for the reciprocal sharing of abuse and neglect registry information.

12.11. Provide registration form(s) designated by the Superintendent to law enforcement officers, circuit courts, court clerks, town recorders and parole and probation officers to facilitate submission of appropriate information necessary to administer the Child Abuse and Neglect Registry.

W. Va. Code R. § 81-16-12