Child-Maltreatment-Research-L (CMRL) List Serve

Message ID: 10934

Date: 2021-05-21

Author:Lorena Schwartz

Subject:Re: Expunging child abuse record of a minor parent

Dear Dr. Fontes: I can only speak to the requirements in Florida, but your question as I understand it has possibly three components. 1) Although the child is 15, being amenable to becoming a good mother is great and has to do with obtaining custody of her child again and not removing the substantiation of abuse from her record. The substantiation is a record that remains to allow child welfare workers to know as the parent and child continue through their case plan whether or not this is a pattern of abuse that has occurred in the past and when it occurred. 2) If the child was charged criminally for the abuse, this may possibly be able to be expunged from her record but the records contained within the child welfare system will not (at least not in Florida). 3) As to future positions that may require her to submit to a background check because she will be dealing with children, the 15 year old may have to simply be honest and show that she has changed her life and that there has been no further occurrences and explain why the initial occurrence happened and what she did to correct the situation so that it won't happen again. Regards, Lorena Schwartz On Fri, May 21, 2021 at 8:47 AM Lisa Fontes > wrote: EXTERNAL EMAIL : Exercise caution when responding, opening links, or opening attachments. Dear colleagues, I am asking for a colleague who is the GAL for a case where a 15 year old abused her young daughter. If CPS substantiates the abuse, she will never be able to work in nursing, childcare, etc, even though she is amenable to learning to become a better mother. Are any of you aware of a state where minor parents can have child abuse records expunged when they turn 18 or 21? Or do you know where to find such info? Thank you. Lisa Fontes PhD. -- Lorena Schwartz, M.P.A., J.D. Phone: (954) 257-9670 E-mail: lschwa13@fau.edu

Dear Dr. Fontes: I can only speak to the requirements in Florida, but your question as I understand it has possibly three components. 1) Although the child is 15, being amenable to becoming a good mother is great and has to do with obtaining custody of her child again and not removing the substantiation of abuse from her record. The substantiation is a record that remains to allow child welfare workers to know as the parent and child continue through their case plan whether or not this is a pattern of abuse that has occurred in the past and when it occurred. 2) If the child was charged criminally for the abuse, this may possibly be able to be expunged from her record but the records contained within the child welfare system will not (at least not in Florida). 3) As to future positions that may require her to submit to a background check because she will be dealing with children, the 15 year old may have to simply be honest and show that she has changed her life and that there has been no further occurrences and explain why the initial occurrence happened and what she did to correct the situation so that it won't happen again. Regards, Lorena Schwartz On Fri, May 21, 2021 at 8:47 AM Lisa Fontes > wrote: EXTERNAL EMAIL : Exercise caution when responding, opening links, or opening attachments. Dear colleagues, I am asking for a colleague who is the GAL for a case where a 15 year old abused her young daughter. If CPS substantiates the abuse, she will never be able to work in nursing, childcare, etc, even though she is amenable to learning to become a better mother. Are any of you aware of a state where minor parents can have child abuse records expunged when they turn 18 or 21? Or do you know where to find such info? Thank you. Lisa Fontes PhD. -- Lorena Schwartz, M.P.A., J.D. Phone: (954) 257-9670 E-mail: lschwa13fau.edu