Statute-at-a-Glance: Disclosure of Confidential Records

What You Need to Know

Approximately1 41 States, the District of Columbia, and the U.S. Territories of American Samoa, Guam and Puerto Rico have statutes authorizing the establishment of a Statewide central registry. A central registry is a centralized database or listing of child maltreatment records. Several States only mandate by law that agencies, usually public social services agencies, collect and maintain child abuse and neglect records.

for California

Central registry records are typically used to aid social services agencies in the investigation, treatment and prevention of child abuse cases, and to maintain statistical information for staffing and funding purposes. The type of information contained in registry and department records varies from State to State, as does access to the information maintained.

Record Protection

Statutory provisions concerning access to central registry and department records are one answer to the question of how to protect family autonomy and privacy rights, and yet ensure protection for children. All jurisdictions have confidentiality provisions to protect abuse and neglect records from public scrutiny. Confidentiality provisions mandate that such records are confidential, and many include specific mechanisms for protecting them from public view.

Access to Records

Most jurisdictions permit certain persons access to registry and department records.2 In general, these are people with a direct interest in a case, in the child's welfare, or in providing protective or treatment services. Many statutes specifically describe who may access the records and under what circumstances. Typically, persons entitled to access include physicians, researchers, police, judges and other court personnel. Several States also provide confidential records to any person who is the subject of a report.

Employment Eligibility

Central registries are increasingly used to screen adults for various employment opportunities. For example, some States allow or require central registry checks for individuals applying to be child or youth care providers. Information may thus be available to employers in the child care business, schools, or health care industry. Information, however, is generally limited to whether there are substantiated reports of child maltreatment for potential employees who will have significant contact with children.

1 The word approximately is used to stress the fact that statutes are constantly being revised and updated. back
2 Under the Child Abuse Prevention and Treatment Act (CAPTA), in order to receive a Federal grant, States must preserve the confidentiality of all child abuse and neglect reports and records to protect the privacy rights of the child and of the child's parents or guardians except in certain limited circumstances. 42 U.S.C.A. §5106a(b)(2)(A)(v) (West Supp. 1998). back

See Also
State Statutes Search
The State Statutes Search provides information on how each State's statutes address child abuse and neglect and child welfare.

The Statutes-at-a-Glance listings summarize specific sections of each State's code. While every attempt has been made to be as complete as possible, additional information on these topics may be in other sections of a State's code as well as agency regulations, case law, and informal practices and procedures. Readers interested in the interpretation of specific statutory provisions within an individual jurisdiction should consult with professionals within the State familiar with the statutes' implementation.