Code of Massachusetts Regulations
110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES
Title 110 CMR 4.00 - Intake
Intake for Protective Service Delivery
Section 4.39 - Access to the Registry of Alleged Perpetrators

Universal Citation: 110 CMR 4.00 MA Code of Regs 4.39

Current through Register 1531, September 27, 2024

(1) The Department staff may access the Registry of Alleged Perpetrators for the following purposes, only:

(a) Screening applications for employment, volunteer work or a student internship, with the Department, or one of its contracted Providers, for a position with direct contact with clients and children;

(b) Screening applications to become foster or adoptive parents;

(c) Screening a 51A report;

(d) Conducting a 51B response;

(e) Assisting in providing services to any child in the care or custody of the Department; or (f) Assisting in providing services to a family with an open case with the Department.

(2) The Department may, upon request, provide state child welfare agencies of another state, information from the Registry of Alleged Perpetrators for the following purposes:

(a) Reviewing an application of a prospective foster or adoptive parent, or

(b) To carry out the agency's responsibilities under law to protect children from abuse and neglect.

(3) Pursuant to the Fair Information Practices Act (FIPA), M.G.L. c. 66A, § 2(j), the Department shall provide any person or duly authorized representative (the "data subject") with official confirmation of whether that person's name appears on the Registry of Alleged Perpetrators, and a copy of any information maintained on the Registry of Alleged Perpetrators on that person. To request information under FIPA, the data subject shall submit a written request to the Department's Fair Hearing Unit, accompanied by sufficient proof of identity.

(a) The data subject may direct the Department to provide the information to another individual, or agency.

(b) Pursuant to the Fair Information Practices Act (FIPA), M.G.L. c. 66A, § 2(j), the data subject or duly authorized representative may contest the accuracy of the data maintained in the Registry of Alleged Perpetrators.

(4) The Child Advocate shall have access to information contained in the Registry of Alleged Perpetrators in order to fulfill the responsibilities of the Office of the Child Advocate (OCA), as specified in M.G.L. c. 18C.

(5) The Department may release aggregate data for research purposes, upon written request. In responding to a research request, the Department shall remove all personally identifying information.

(6) No other individual, group, agency or department, including law enforcement, child welfare or educational agencies, may have access to the Registry of Alleged Perpetrators without the written approval of the Commissioner, and order of a court of competent jurisdiction, or as authorized by M.G.L. c. 119, § 51E and 51F.

(7) A state agency may have access to the Registry of Alleged Perpetrators for purposes of conducting an investigation of an allegation of child abuse or neglect pursuant to a duly promulgated regulation.

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