The Arkansas Department of Human Services has extended the comment period and will hold a public hearing about a proposal that changes the rules for requesting removal from the state’s Child Maltreatment Central Registry.
The Human Services Department initially said it would accept only written comments until Tuesday and would not hold a public hearing on the issue.
“As we mentioned previously, [Division of Children and Family Services] was willing to hold a public hearing. Given that there has been public interest in the subject, we wanted to ensure there was ample opportunity for everyone’s voice to be heard. So we decided to hold a public hearing in February,” Human Services Department spokesman Amy Webb said.
A date has not been set as of yet for the public hearing.
The proposal would allow those accused of all types of child abuse - unless the abuse led to the death of a child - to request removal from theregistry.
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.
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 are dropped. And individuals accused of some kinds of sexual abuse cannot even request hearings to seek removal from the list.
The Human Services Department registry differs from the Sex Offender Registry maintained by the Arkansas Crime Information Center to track sexual abusers convicted in criminal court. The Child Maltreatment Central Registry covers people accused of various types of child abuse, ranging from neglect to physical abuse, regardless of whether the accusations were prosecuted.
Of the comments received to date by the Human ServicesDepartment, most were in favor of the proposed changes.
Marjorie Greenberg of Little Rock wrote in a letter to the Human Services Department that she understands the need for such a list but thinks current procedures allow for individuals to be “randomly placed due to weak evidence and spite.”
Tammy Saling of Calico Rock suggested that those on the list be allowed to have their names removed when the victim comes of age.
“But only if there was one incident. If more than one incident, I feel like it should be considered on an individual basis,” Saling wrote.
In a 10-page, handwritten letter to the Human Services Department, Tommy Mosley, vehemently opposed the changes, especially when it makes it easier for those accused of sexual abuse to be removed from the registry. Mosley is serving a life sentence at the Maximum Security Unit at Tucker as a habitual offender for rape.
“I’m not willing to sacrifice child safety because the current system is unfair to child abusers,” Mosley said in the letter.
Mosley suggested a dual registry that is rated by level of offense, much like the Sex Offender Registry. But even if the accused abuser is never convicted or if charges are dropped, Mosley said he thinks they should remain permanently on the Child Maltreatment Central Registry.
“An offender on the Central Registry that has committed an actual, severe child abuse that can be substantiated should never be removed from the Central Registry! It wouldn’t be fair if the abused child has to live with the horrendous effects of their abuse their entire life, yet not their abuser,” Mosley wrote.
The proposed changes are available for review at the Division of Children and Family Services, Policy Unit, fifth floor, Donaghey Plaza South, Seventh and Main streets in Little Rock.
They can also be viewed online at https://ardhs.sharepointsite.
net/CW/default.aspx under “Notice of Rule Making.” The proposed effective date is March 3, pending approval by legislative committees.
Northwest Arkansas, Pages 9 on 01/17/2014