SCS/SBs 38 & 83 - This act will allow a person to file an appeal with the Director of the Division of Family Service requesting the removal of records of unsubstantiated claims of abuse or neglect 60 days after notification of a finding of insufficient evidence. If the Director of the Division decides against the removal of such records, the person could then file a petition to the Circuit Court. If an appeal is not filed the records can remain in the information system for up to 3 years.

The act also provides that the Division of Family Services must notify persons of their right to request that unsubstantiated claims be removed from the information system.

The act would also restrict the use of insufficient evidence of abuse or neglect case records from being used in child custody or visitation proceedings. It also restricts an employer's use of insufficient evidence of abuse or neglect case records when making decisions regarding hiring, firing, reassigning, demoting or any other personnel decisions.

The act also specifies that any person who files a false report will be subject to penalty provisions as a Class A misdemeanor for the first filing and a Class D felony if there is more than one false filing. If any person employed by the Division of Family Services files a false report, that person shall be subject to suspension or termination of employment.
CHERYL GRAZIER