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

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Welcome to the archive of past Child-Maltreatment-Research-L (CMRL) list serve messages (11,000+). The table below contains all past CMRL messages (text only, no attachments) from Nov. 20, 1996 - April 4, 2024 and is updated every two months.

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Message ID: 10939

Date: 2021-05-22

Author:Colleen Henry

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

Hello Lisa: My colleague Vicki Lens and I recently conducted a national review of the rules and regulations that govern state child maltreatment registries: Marginalizing Mothers: Child Maltreatment Registries, Statutory Schemes, and Reduced Opportunities for Employment . You can read our review here, but in short the rules differ widely across states. All states offer an appeals process/some due process protections that allow parents to contest their registry listing - but often windows for appeal are short and complicated so I would highly recommend the mom seek out legal assistance from a family defense clinic. Also, some states allow parents to demonstrate a change in status (e.g., the parent had a substance abuse issue the led to neglect, but has completed treatment, has been sober for X years, and no longer presents a threat) or to demonstrate that the allegation for which they were substantiated for does not pose a categorical risk to children. Again, the rules vary widely so you should find out what they are in your state/her state and seek legal assistance there. -Colleen Colleen Henry, MSW, PhD Assistant Professor Silberman School of Social Work Hunter College City University of New York http://sssw.hunter.cuny.edu https://www.researchgate.net pronouns: she/her/hers On May 21, 2021, at 3:45 PM, Lisa Fontes > wrote: Correct, thanks for that clarification. It always helps to have an attorney in the room. ; ) The idea was to "expunge her record" with the child abuse registry. That may not be the correct terminology. I'm still not sure what is. Lisa ________________________________ From: "Dean Tong" > To: lfontes@rcn.com , child-maltreatment-research-L@cornell.edu Sent: Friday, May 21, 2021 9:22:16 AM Subject: Re: Expunging child abuse record of a minor parent Dr. Fontes: You did not allude to the State in question where CPS substantiated the minor's investigation of alleged abuse perpetrated by her. But, since I've assisted in many CPS Administrative Appeals Hearings, nationally, for the defense, I imagine the accused minor is entitled to her legal right to due process and the opportunity to appeal CPS' finding against her at hearing before a CPS Hearing Officer or Magistrate in an attempt to induce CPS to redact their disposition. With all due respect, to my knowledge, "expunging records" happens only in an alleged criminal case. You're alluding to a civil case herein whereby CPS ostensibly preponderated their investigation finding against the accused minor and placed her name on the States' Child Abuse Registry. Dean Tong, MSc., CFC 8321 Fox Hollow Drive Port Richey, Florida 34668 727.819.3993., Phone/Fax 813.417.5362., Cell https://port.academia.edu/DeanTong abuse-excuse.com DeanTong@aol.com In a message dated 5/21/2021 8:47:47 AM Eastern Standard Time, lfontes@rcn.com writes: 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.

Hello Lisa: My colleague Vicki Lens and I recently conducted a national review of the rules and regulations that govern state child maltreatment registries: Marginalizing Mothers: Child Maltreatment Registries, Statutory Schemes, and Reduced Opportunities for Employment . You can read our review here, but in short the rules differ widely across states. All states offer an appeals process/some due process protections that allow parents to contest their registry listing - but often windows for appeal are short and complicated so I would highly recommend the mom seek out legal assistance from a family defense clinic. Also, some states allow parents to demonstrate a change in status (e.g., the parent had a substance abuse issue the led to neglect, but has completed treatment, has been sober for X years, and no longer presents a threat) or to demonstrate that the allegation for which they were substantiated for does not pose a categorical risk to children. Again, the rules vary widely so you should find out what they are in your state/her state and seek legal assistance there. -Colleen Colleen Henry, MSW, PhD Assistant Professor Silberman School of Social Work Hunter College City University of New York http://sssw.hunter.cuny.edu https://www.researchgate.net pronouns: she/her/hers On May 21, 2021, at 3:45 PM, Lisa Fontes > wrote: Correct, thanks for that clarification. It always helps to have an attorney in the room. ; ) The idea was to "expunge her record" with the child abuse registry. That may not be the correct terminology. I'm still not sure what is. Lisa ________________________________ From: "Dean Tong" > To: lfontesrcn.com , child-maltreatment-research-Lcornell.edu Sent: Friday, May 21, 2021 9:22:16 AM Subject: Re: Expunging child abuse record of a minor parent Dr. Fontes: You did not allude to the State in question where CPS substantiated the minor's investigation of alleged abuse perpetrated by her. But, since I've assisted in many CPS Administrative Appeals Hearings, nationally, for the defense, I imagine the accused minor is entitled to her legal right to due process and the opportunity to appeal CPS' finding against her at hearing before a CPS Hearing Officer or Magistrate in an attempt to induce CPS to redact their disposition. With all due respect, to my knowledge, "expunging records" happens only in an alleged criminal case. You're alluding to a civil case herein whereby CPS ostensibly preponderated their investigation finding against the accused minor and placed her name on the States' Child Abuse Registry. Dean Tong, MSc., CFC 8321 Fox Hollow Drive Port Richey, Florida 34668 727.819.3993., Phone/Fax 813.417.5362., Cell https://port.academia.edu/DeanTong abuse-excuse.com DeanTongaol.com In a message dated 5/21/2021 8:47:47 AM Eastern Standard Time, lfontesrcn.com writes: 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.