Abuse-registry change will get a rethinking

A proposal by the Arkansas Department of Human Services that changes the rules for requesting removal from the state’s Child Maltreatment Central Registry will go back to the drawing board for revisions after concerns were voiced at a public hearing Friday in Little Rock.

The Human Services Department initially requested only written comments on the proposal that would allow those accused of all types of child abuse - unless the abuse led to the death of a child - to request removal from the registry.

However, after an Arkansas Democrat-Gazette article on the proposal and subsequent increased public interest, the department decided in January to extend the comment period and schedule a public hearing.

The Arkansas Child Maltreatment Central Registry,established after a 1974 federal mandate required all states to maintain child-abuse records, is used in pre-employment screenings by school districts, day-care centers, hospitals and other organizations that have children in their care.

The Department of Human Services’ policy and professional development administrator, Christin Harper, told about 20 people at Friday’s hearing that the proposed changes were initiated after members of the Child Maltreatment Central Registry Review Team and other interested parties said the current rules were too restrictive.

Under the current policy, those accused of child abuse stay on the list - in some cases permanently - even if they are found innocent in a criminal court or the charges against them are dropped. And individuals accused of certain kinds of sexual abuse cannot even request hearings to seek removal from the list.

The registry covers people accused of various types of child abuse, ranging from neglect to physical abuse. All that’s necessary for placement on the registry is a report filed with Human Services Department investigators that is found to be true.

Human Services Department attorney E.J. Reyes told the hearing attendees that some people have been on the list for more than 20 years without a criminal conviction.

Max Snowden, executive director of the Arkansas Commission on Child Abuse, Rape and Domestic Violence, said he was concerned about the expanded pool of those who could request removal and suggested stricter guidelines for the committee to follow in its decision-making.

Among other requirements, the proposal dictates that the applicant be free from additional abuse findings by the Human Services Department and have a clean background check from the Arkansas Crime Information Center for one year before a request for removal from the list.

Stasia Burk, a lawyer and the child-abuse multidisclplinary team project coordinator at the University of Arkansas for Medical Sciences, said one year was not enough and offenders could slip through the cracks.

“A lot of these procedures for bringing them to trial is going to be longer than a year. Even if they are charged before the year is up, they’re not necessarily going to have gone to trial for conviction of those crimes,” Burk said.

Snowden echoed Burk’s concerns and asked if the time could be lengthened.

Human Services Department attorney Lisa McGhee asked Snowden and Burk if they would be more comfortable if the time was extended to five years. Both said they would support the changes if the time limit was adjusted.

Burk also asked if further steps could be taken - such as contacting judges or prosecutors to inquire about pending charges against the applicant - to ensure that the committee has a complete picture with which to make its decision.

People at the hearing chimed in with suggestions such as a “clearance letter” from the prosecutor in the county from which the original charges stemmed; a check of arrest records from local and state law enforcement; and varying the time limits and qualifying requirements based on the nature of offenses.

Burk also asked that a stricter standard be applied to the definition of what constitutes proof of rehabilitation from a “state-certified” sexual-offender treatment program - which is required for those accused of sexual abuse to request removal from the list.

Reyes said he would revamp the licensing and certification requirements in the proposal to ensure only valid facilities were used.

Harper told attendees that the majority of the written comments received on the subject were in favor of making the process for removal easier. The few who wrote in opposition to the changes had confused the Human Services Department registry with the Sex Offender Registry maintained by the Arkansas Crime Information Center to track sexual abusers convicted in criminal court, she said.

In a letter, however, Tommy Mosley - who is serving a life sentence at the Maximum Security Unit at Tucker for rape - said he was opposed to those accused of sex offenses being able to request removal from the Child Maltreatment Central Registry, even if they were never convicted. Mosley even suggested that the list be made more widely available.

“Businesses can do background checks with police departments, but registry checks can be more accurate because all too often men that commit domestic violence; child abuse or other types of suspicious behavior are not charged,” Mosley said.

Jackie Hancock wrote that she was placed on the Human Services Department registry in 1993 over allegations of malnutrition concerning her two children and has not been able to have her name removed.

“I am now raising three of my grandchildren, but am not aloud to attend school functions and am unable to work and this is because of a mistake DHS made 20 years ago,” Hancock wrote.

Brent Benda wrote on behalf of a neighbor whom he said was wrongly accused and placed on the registry about 10 years ago.

“I am writing to voice strong support for this proposal because I believe everyone that establishes a clear record, over a few years, of having no repeat offenses of any kind, civil or criminal, should be able to live and pursue employment unimpeded by a public registry,” Benda wrote.

In an interview after the meeting, Harper said she was pleased with the results of Friday’s hearing and the written comments submitted.

“Some really good suggestions came out today,” she said.

She added that the Human Services Department will now draft a revised proposal then send it out for review to the committee, those at Friday’s hearing, the Administrative Office of the Courts and Arkansas Advocates for Children and Families.

The final proposal will be submitted to the Bureau of Legislative Research to be processed through legislative committees. The earliest date that the proposal could become official is May 1, she said.

Front Section, Pages 1 on 02/15/2014

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