SB 0569 - Fiscal Note

Fiscal Note - SB 0569 - DFS to Retain Unsubstantiated Child Abuse Rep. For 60 Days

L.R. NO.  2037-03
BILL NO.  Perfected SCS for SB 569
SUBJECT:  Unsubstantiated Child Abuse Reports
TYPE:     Original
DATE:     February 28, 1996



                              FISCAL SUMMARY

                    ESTIMATED NET EFFECT ON STATE FUNDS

FUND AFFECTED                 FY 1997         FY 1998        FY 1999

None

Total Estimated
Net Effect on All
State Funds                        $0              $0             $0


                   ESTIMATED NET EFFECT ON FEDERAL FUNDS

FUND AFFECTED                 FY 1997         FY 1998        FY 1999

None

Total Estimated
Net Effect on All
Federal Funds                      $0              $0             $0


                    ESTIMATED NET EFFECT ON LOCAL FUNDS

FUND AFFECTED                 FY 1997         FY 1998        FY 1999

Local Government                   $0              $0             $0


                              FISCAL ANALYSIS

ASSUMPTION

The Office of State Courts Administrator (CTS) and the Department of Social
Services (DOS) do not expect to be fiscally impacted.


FISCAL IMPACT - State Government     FY 1997   FY 1998   FY 1999
                                    (10 Mo.)

                                          $0        $0        $0

FISCAL IMPACT  - Local Government    FY 1997   FY 1998   FY 1999
                                    (10 Mo.)

                                          $0        $0        $0

DESCRIPTION

The proposal would allow any person who is the subject of an abuse or neglect
report, after a period of not less than 60 days following notification, file
a written appeal with the director of the Division of Family Services (DFS)
to have the records removed and destroyed.  If the person is aggrieved by the
decision of the director, the person could file a petition in circuit court
requesting the removal of the records.

Any identifying information would be retained for three years as opposed to
the current five, and after the three years, it would be removed.  Within 90
days after receipt of a report, a written determination would be provided
along with information concerning the right to appeal the director's decision
regarding the removal and destruction of records where there was insufficient
evidence of abuse or neglect.  The director's decision could be appealed by
filing a petition in circuit court.

Child abuse records could not be accessed and used in any child custody or
visitation proceeding.  Employers would not be allowed access to or use any
employees's records contained in the Central Registry or maintained by DFS
for hiring, promoting, firing, reassigning, demoting or making any other
personnel decisions.

Any person filing a false child abuse report would be guilty of a class A
misdemeanor.  In the case of court adjudication, any person or official
employed by DFS who intentionally files a false report would be subject to
suspension, not to exceed three months, for the first offense and termination
of employment for the second offense.

The DFS employee investigating an alleged case of abuse or neglect would be
required to provide information regarding appeals to the individual at the
time of the initial investigation.

This legislation is not federally mandated, would not duplicate any other
program and would not require additional capital improvements or rental
space.


SOURCES OF INFORMATION

Department of Social Services
Office of State Courts Administrator