Assessing the Feasibility of Creating and Maintaining a National Registry of Child Maltreatment Perpetrators: Research Report. APPENDIX A. Key Informant Surveys

  • Current Legal and Policy Requirements Regarding Sharing Information on Child Maltreatment Perpetrators
  • Current Practices on Sharing Information on Child Maltreatment Perpetrators
  • Technical Information on Data Repositories of Child Maltreatment Perpetrators

 

Form Approved
OMB Number: 0990-0366
Expiration Date: 01/31/201

 

Feasibility Study for a National Registry of Child Maltreatment Perpetrators

 

CURRENT LEGAL AND POLICY REQUIREMENTS REGARDING SHARING
INFORMATION ON CHILD MALTREATMENT PERPETRATORS (to be administered on the Internet)

 

According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0990-0366. The time required to complete this Prevalence Study request is estimated to average 39 hours per response, including the time to review instructions, search existing data resources, gather the data needed and complete and review the information collection. If you have comments concerning the accuracy of the time estimate(s) or suggestions for improving this form, please write to:  U.S. Department of Health & Human Services, OS/OCIO/PRA, 200 Independence Ave., S.W., Suite 537-H,Washington, D.C. 20201 Attention: PRA Reports Clearance Officer.

 

This survey focuses on the legal and/or written policy requirements regarding maintaining and sharing information on child maltreatment perpetrators and due process protections for such persons.

 

The term "perpetrator" is used in this study to indicate any person whom the child protective services agency has found to be responsible for child abuse or neglect. The person need not have been charged with either a civil or criminal offense.

 

In general, the term "repository" applies only to the source or sources of data that are currently used by your State to respond to requests from in-state or out-of-state agencies about perpetrators. In-state or out-of-state requests for data may come from agencies investigating child abuse and neglect or from those screening job applicants.

 

Some States have more than one repository. If your State has more than one data repository for perpetrators of child abuse and neglect, a separate questionnaire should be completed for each repository. Criminal databases should not be included.

 

Please provide the following information before beginning the survey.

 

Name of data repository: ________________________

 

Agency/department primarily responsible for the content of the repository: ___________

 

Agency/department primarily responsible for maintaining the repository: _____________

 

A. BACKGROUND

 

1. Does State law or written policy define and describe the data repository?

 

a. Yes

 

Please insert text and provide statutory citation(s), policy, or web link to law or policy: ___________________________

 

b. No

 

2. Does State law or written policy include a definition of a perpetrator of child abuse and neglect?

 

a. Yes

 

Please insert text and provide statutory citation(s), policy, or web link to law or policy: ___________________________

 

b. No

 

3. What is the terminology used in your State in making findings regarding allegations of child abuse and neglect? (check all that apply)

 

a. Substantiated or founded

 

b. Indicated or reason to suspect

 

c. Unsubstantiated or unfounded

 

d. Intentionally false allegation

 

e. Closed without a finding

 

f. Assigned to alternative response, no finding

 

g. Other:

 

Please list: ___________________________

 

4. What is the standard of proof required by State law or written policy in order to make a finding that a person is a perpetrator of child abuse and neglect?

 

a. Clear and convincing

 

b. Preponderance

 

c. Probable cause

 

d. Some credible evidence

 

e. Reasonable cause

 

f. Material evidence

 

g. Not specified in law or written policy

 

h. Other:

 

Please specify: ___________________________

 

5. Does State law or written policy specify the classes of people who can be determined to be a perpetrator of child abuse and neglect?

 

a. Yes

 

b. No (Skip to Q7)

 

c. Don’t know (Skip to Q 7)

 

6. According to State law or written policy, which classes of people can be determined to be perpetrators of abuse and neglect? (check all that apply)

 

a. Parents

 

b. Unmarried partners of parents

 

c. Other relatives in caregiving roles

 

d. Legal guardians

 

e. Minor children in the home

 

f. Foster parents

 

g. Residential facility/group home staff

 

h. Child care providers

 

i. Educational staff/teachers

 

j. Other professionals:

 

Please list: ___________________________

 

k. Neighbors or friends

 

l. Not defined in law or written policy

 

m. Other:

 

Please list: ___________________________

 

7. Does State law or written policy specify which classes of persons, once found to be perpetrators of child abuse and neglect, can be designated as such in the data repository?

 

a. Yes

 

b. No (Skip to Q9)

 

c. Don’t know (Skip to Q9)

 

8. According to State law or written policy, which classes of persons, once found to be perpetrators of child abuse and neglect, are designated as such in the data repository? (check all that apply)

 

a. Parents

 

b. Unmarried partners of parents

 

c. Other relatives in caregiving roles

 

d. Legal guardians

 

e. Minor children in the home

 

f. Foster parents

 

g. Residential facility/group home staff

 

h. Child care providers

 

i. Educational staff/teachers

 

j. Other professionals:

 

Please list: ___________________________

 

k. Neighbors or friends

 

l. Not defined in law or written policy

 

m. Other:

 

Please list: ___________________________

 

B. DUE PROCESS CONSIDERATIONS—NOTICE OF INVESTIGATION FINDING

9. Does State law or written policy require that all individuals determined to be perpetrators of child abuse and neglect be notified of the finding?

a. Yes

b. Only some are notified:

Please explain: _______________

c. No (Skip to Q12)

10. How are they notified?

a. By phone

b. By regular mail

c. By certified mail

d. In-person by a child welfare representative with written notice

e. In-person by a child welfare representative without written notice

f. Other:

Please specify: __________

 

11. What information is contained in the notice? (check all that apply)

a. The fact that the agency has made a determination that the person was found to be a perpetrator of child abuse and neglect

b. An explanation regarding any right to challenge the finding that the person is a perpetrator of child abuse and neglect

c. The specific type of child abuse and neglect that the perpetrator has committed

d. The name(s) of the victim(s)

e. The consequences of being determined to be a perpetrator of child abuse and neglect

f. The fact that the person will be designated a child maltreatment perpetrator on the data repository

g. The consequences of being designated a perpetrator of child abuse and neglect in the data repository

h. The right to challenge being designated a child maltreatment perpetrator on the data repository

i. The right to challenge being determined to be a perpetrator of child abuse and neglect

j. The timeframes for any challenges that can be made

k. Other:

Please list: _____________

C. DUE PROCESS CONSIDERATIONS—CHALLENGE OF THE INVESTIGATION FINDING

12. If a person challenges the finding that he/she is a perpetrator of child abuse and neglect, what is the first level of review?

a. Review of written documentation by one or more individuals at the agency at a higher level than the caseworker or supervisor

b. Review of written documentation by an administrative body within the agency

c. In person hearing before an administrative body within the agency

d. In person hearing before an administrative body outside of the agency

e. In person hearing before a judicial body or a judge or magistrate

f. Other:

Please specify: __________

13. Does State law or written policy specify whether the person can be designated a child maltreatment perpetrator in the data repository while the first level of review is being conducted?

a. Yes, the person can be designated

b. No, the person cannot be designated

c. No, the State law or written policy does not specify

 

14. What standard of proof is required at the first level of review of the challenge to being found a perpetrator of child abuse and neglect?

a. Clear and convincing

b. Preponderance of the evidence

c. Probable cause

d. Some credible evidence

e. Reasonable cause

f. Material evidence

g. Other:

Please specify: ________________

15. Is there a process to appeal the decision made in the first level of review?

a. Yes

b. No (Skip to Q 18)

Please specify: _______________

  1. If a person challenges the decision of the first level of review, what second level of review is provided?
    1. In-person hearing before an administrative body within the agency
    2. In-person hearing before an administrative body outside the agency
    3. In-person hearing before a judicial body or judge or magistrate
    4. Other:

       

    1. What standard of proof is required at the second level of review?

       

      a. Clear and convincing

      b. Preponderance of the evidence

      c. Probable cause

      d. Some credible evidence

      e. Reasonable cause

      f. Material evidence

      g. Other

      Please specify: ________________

      1. Does the State law or written policy specify the length of time to complete a first level review?

         

        a. Yes:

        Please specify: ________________________

        b. No (Skip to Q 20)

         

        1. If response to Question 18 is yes, how many cases currently exceed this time frame?

           

          a. Please estimate number of cases: _______________

          b. None

          c. The agency does not track or collect this information

          d. Don’t know / Not applicable

          D. DUE PROCESS CONSIDERATIONS—NOTICE OF THE DESIGNATION AS A CHILD MALTREATMENT PERPETRATOR IN THE DATA REPOSITORY

          20. Does State law or written policy require that all individuals determined to be perpetrators of child abuse and neglect be notified that they are being designated as a child maltreatment perpetrator in the data repository?

          a. Yes

          b. Only some are:

          Please explain: __________

          c. No

          21. Does State law or written policy specify when the person can be designated a child maltreatment perpetrator in the data repository?

          a. Yes:

          Please explain: ___________________________________

          b. No

          22. Is the notice regarding being designated a child maltreatment perpetrator in the data repository included in the notice about being determined a perpetrator of child abuse and neglect (see Part B)?

          a. Yes (Skip to Q 25)

          b. No, the notice is provided separately

          c. No, no notice is sent (skip to Q 25)

          23. How is the person notified?

          a. By phone

          b. By regular mail

          c. By certified mail

          d. In person by a child welfare representative with written notice

          e. In person by a child welfare representative without written notice

          f. Other:

          Please specify: __________

           

          24. What information is contained in the separate notice of the fact that they will be designated a child maltreatment perpetrator on the data repository? (check all that apply)

          a. The fact that the agency has made a determination that the person was found to be a perpetrator of child abuse and neglect

          b. An explanation regarding any right to challenge the finding that the person is a perpetrator of child abuse and neglect

          c. The specific type of child abuse and neglect that the perpetrator is responsible for having committed

          d. The name(s) of the victim(s)

          e. The consequences of being determined to be a perpetrator of abuse and neglect

          f. The consequences of being designated a perpetrator on the data repository

          g. An explanation regarding any right to challenge being designated a child maltreatment perpetrator on the data repository

          h. The timeframes for any challenges that can be made

          i. Other:

          Please specify: _____________

          E. DUE PROCESS CONSIDERATIONS—CHALLENGES TO BEING DESIGNATED A CHILD MALTREATMENT PERPETRATOR IN THE DATA REPOSITORY

          25. What is the first level of review for a challenge to being designated a child maltreatment perpetrator in the data repository?

          a. Review of written documentation by one or more individuals within the agency at a higher level than the caseworker or supervisor

          b. Review of written documentation by an administrative body within the agency

          c. In-person hearing before an administrative body within the agency

          d. In-person hearing before an administrative body outside of the agency

          e. In-person hearing before a judicial body or a judge or magistrate

          f. Other:

          Please specify: __________

          26. Does State law or written policy specify whether the person can be designated a child maltreatment perpetrator in the data repository while the first level of review of this challenge is being conducted?

          a. Yes, the person can be designated

          b. No, the person cannot be designated

          c. No, the State law or written policy does not specify

           

          27. What standard of proof is required at the first level of challenge to being designated a child maltreatment perpetrator in the data repository?

          a. Clear and convincing

          b. Preponderance of the evidence

          c. Probable cause

          d. Some credible evidence

          e. Reasonable cause

          f. Material evidence

          g. Other:

          Please specify: ________________

          28. Is there a process for appealing the decision made in the first level of review of the challenge to being designated a child maltreatment perpetrator in the data repository?

          a. Yes

          b. No (Skip to Q 31)

          If a person challenges the decision of the first level of review, what level of review is provided?

          a. In-person hearing before an administrative body within the agency

          b. In-person hearing before an administrative body outside the agency

          c. In-person hearing before a judicial body, judge, or magistrate

          d. Other

          Please specify: ________________

          What standard of proof is required at the second level of review?

          a. Clear and convincing

          b. Preponderance of the evidence

          c. Probable cause

          d. Some credible evidence

          e. Reasonable cause

          f. Material evidence

          g. Other:

          Please specify: ________________

          Does State law or written policy specify the time within which the first level of review must be completed?

          a. Yes

          b. No (Skip to Q 34)

           

          If the response to the question above is yes, how many cases currently exceed this timeframe?

          a. Please estimate the number of cases: __________

          b. None (Skip to Q34)

          c. The agency does not track or collect the information (Skip to Q34)

          d. Not applicable (Skip to Q34)

           

          33. What is the average length of delay in responding to these cases?

           

          F. EXPUNGEMENT—REMOVING INFORMATION FROM THE DATA REPOSITORY

          34. Does State law or written policy specify the conditions under which the designation of the person as a perpetrator of child maltreatment may be expunged from the data repository?

          a. Yes

          b. No (Skip to Q 36)

          35. Which conditions for expungement are specified in State law or written policy? (check all that apply)

          a. Successful challenge to being determined to be a perpetrator of child maltreatment

          b. Successful challenge to being designated as a perpetrator of child maltreatment in the data reports

          c. Passage of a certain amount of time since the person was determined to be a perpetrator of abuse and neglect:

          Indicate number of years: ______

          d. All children involved in the abuse and neglect incident reach a certain age:

          Indicate age: ______

          e. All children in the home are 18 years of age or older

          f. Perpetrator of child abuse and neglect was acquitted of criminal charges related to the abuse and neglect

          g. Death of the perpetrator

          h. Other:

          Please specify: _____________________

           

          G. ACCESS TO CHILD MALTREATMENT PERPETRATOR INFORMATION IN THE DATA REPOSITORY BY OUT-OF-STATE ENTITIES

          According to State law or written policy, which out-of-state entities can receive information about child maltreatment perpetrators in the data repository? (check all that apply)

          a. Public child welfare agencies

          b. Employers of school personnel

          c. Employers of child care personnel

          d. Employers of personnel working with children (not child care for education)

          e. Police or law enforcement

          f. Citizen review boards

          g. State law or policy does not specify

          h. Other:

          Please specify: _________________

          According to State law or written policy, for what purposes can information on child maltreatment perpetrators be released from the data repository? (check all that apply)

          a. As part of an abuse and neglect investigation

          b. As part of a criminal investigation

          c. As part of a background check to become a foster or adoptive parent

          d. As part of a background check for employment or licensing in child care, residential care, or other direct child services

          e. State law or policy does not specify

          f. Other:

          Please specify: ________________

          H. OTHER LEGAL AND POLICY ISSUES

          38. Are there any pending legislative or policy changes regarding the definition of a perpetrator of child abuse and neglect?

          a. Yes

          Please explain: _____________________

          b. No

          c. Don’t know

           

          39. Are there any pending legislative or policy changes regarding designating a person as a perpetrator of child maltreatment in this data repository and maintaining such information?

          a. Yes

          Please explain: ____________________

          b. No

          c. Don’t know

          I. FUTURE NATIONAL REGISTRY OF CHILD MALTREATMENT PERPETRATORS

          There is discussion of creating a National Registry of Child Maltreatment Perpetrators. It is anticipated that if such a registry were created, States would provide only limited information on child maltreatment perpetrators. The data under discussion currently include only the name and State of the person. Please consider the following questions with regard to using such a registry.

          40. Would State law or written policy prohibit your State from providing information to a National Registry of Child Maltreatment Perpetrators from the data repository?

          a. Yes

          Please explain: _______________

          b. Maybe

          Please explain: _____________

          c. No, under State law we would use another data repository to provide information

          Please explain: ____

          d. No, under State law we could not provide any data from any source

          41. Would State law or written policy prohibit your State from obtaining information from a National Registry of Child Maltreatment Perpetrators?

          a. Yes

          Please explain: __________________

          b. Maybe

          Please explain: __________________

          c. No

          Please explain: __________________

          42. Are there any additional barriers to participating in a future National Registry of Child Maltreatment Perpetrators?

           

          43. What might be the benefits to participating in a future National Registry of Child Maltreatment Perpetrators?

           

          44. Would the potential benefits of participating in a National Registry of Child Maltreatment Perpetrators outweigh the potential problems?

          Yes

          No

          Don’t know

          45. Please provide any additional feedback regarding the establishment of a National Registry of Child Maltreatment Perpetrators.

           

          Form Approved

          OMB Number: 0990-0366

          Expiration Date: 01/31/2014

          Feasibility Study for a National Registry of Child Maltreatment Perpetrators

          CURRENT PRACTICES ON SHARING INFORMATION

          ON CHILD MALTREATMENT PERPETRATORS

          (to be administered on the Internet)

          This questionnaire focuses on how your agency currently shares information on child maltreatment perpetrators, and how it requests such information from other States.

          The term "perpetrator" is used in this study to indicate any person whom the child protective services agency has found to be responsible for child abuse or neglect. The person need not have been charged with either a civil or criminal offense.

          In general, the term "repository" applies only to the source or sources of data that are currently used by your State to respond to requests from in-state or out-of-state agencies about perpetrators. In-state or out-of-state requests for data may come from agencies investigating child abuse and neglect or from those screening job applicants.

          Some States have more than one repository. If your State has more than one data repository for perpetrators of child abuse and neglect, a separate questionnaire should be completed for each repository. Criminal databases should not be included.

          Please provide the following information before beginning the survey.

          Name of Data Repository: _______________________

          Agency/department primarily responsible for the content of the repository: _________________

          Agency/department primarily responsible for maintaining the repository: ___________________

          A. RESPONDING TO OUT-OF-STATE INQUIRIES ABOUT CHILD MALTREATMENT PERPETRATORS

          1. Who or what entity is responsible for responding to out-of-state inquiries?

          a. Central office of State child welfare agency

          b. Local child welfare agency

          c. Other agency that maintains the repository

          d. Other:

          Please specify: ________________________

          2. How are out-of-state inquiries received? (check all that apply)

          a. Phone

          b. Paper (letter, form, fax)

          c. Electronically (i.e., e-mail)

          d. Don’t know

          e. Other:

          Please specify: ___________________

          3. Once a request has been made, does the agency verify the identity or credentials of the requesting entity?

          a. Yes:

          Please describe the process: _____________________

          b. No

          c. Don’t know

          4. What is the average length of time that it takes to respond to an out-of-state inquiry?

          a. Within one business day

          b. 1–5 business days

          c. 6–10 business days

          d. More than 10 business days

          e. The agency does not track or collect this information

          f. Don’t know

           

          5. What information about child maltreatment perpetrators is routinely provided when responding to out-of-state inquiries? (check all that apply)

          a. Name of child maltreatment perpetrator

          b. Alternative names

          c. Last known address

          d. Date of birth or age

          e. Sex/gender

          f. Race/ethnicity

          g. SSN

          h. Date of incident

          i. Type of substantiated maltreatment

          j. Date(s) of disposition

          k. Relationship to child victim(s)

          l. Status of any legal proceedings

          m. Zip code of last known address

          n. County of last known address

          o. Don’t know

          p. Other:

          Please list: _____________________

          6. What information is routinely provided about the child victim when responding to out-of-state inquiries? (check all that apply)

          a. Name of victim child

          b. Alternative names

          c. Last known address

          d. Date of birth or age

          e. Sex/gender

          f. Race/ethnicity

          g. Date of incident

          h. Type of maltreatment

          i. Date(s) of disposition

          j. Relationship of perpetrator to child victim(s)

          k. Name of the worker who conducted the investigation

          l. Whether the child was placed in foster care as a result of the maltreatment

          m. Status of any legal proceedings

          n. Don’t know

          o. Other:

          Please list: _____________________

           

          7. What is the charge for processing a request for information from out-of-state?

          a. No charge

          b. Less than 10 dollars

          c. 10–49 dollars

          d. 50 dollars or more

          e. Don’t know

          f. Varies depending on request:

          Please explain: __________________

          8. Approximately how many out-of-state inquiries about child maltreatment perpetrators were responded to in the last 12 months?

          a. None

          b. Less than 50

          c. 50–99

          d. 100–499

          e. 500–999

          f. 1,000–1,999

          g. 2,000–4,999

          h. 5,000 or more

          i. This information is not collected or tracked

          j. Don’t know

          B. MAKING OUT-OF-STATE INQUIRIES

          9. Who may contact another State to inquire if a person has been determined to be a child maltreatment perpetrator? (check all that apply)

          a. Central office staff of the State child welfare agency

          b. Local child welfare agency staff

          c. Don’t know

          d. Other:

          Please list: ________________________

           

          10. Indicate for what reasons staff may request information from an out-of-state data repository? (check all that apply)

          a. Person is under investigation for alleged child abuse

          b. Person has been found to have abused or neglected a child

          c. Person is facing civil action which would remove his/her child and place the child in out-of-home care

          d. Person has applied to be a foster parent

          e. Person has applied to be an adoptive parent

          f. Person has applied to be a worker in your agency

          g. Person has applied to be staff in one of our licensed providers

          h. Don’t know

          i. Other:

          Please list: ______________

          11. How do staff determine which States should receive an inquiry? (check all that apply)

          a. Rely on the person of interest to disclose where he/she has lived

          b. Rely on any information indicating that the person of interest has resided in that State

          c. First check appropriate national databases (e.g., national criminal records database (NCIC)) and then check with States in which they may have had a previous record

          d. Contact neighboring States

          e. Don’t know

          f. Other:

          Please specify: _________________

          12. How is the inquiry usually made? (check all that apply)

          a. By phone

          b. Paper (letter, form or fax)

          c. Electronic

          d. Don’t know

          e. Other:

          Please specify: _________________

          13. What is the average length of time it takes to receive a response from another State?

          a. Within one business day

          b. 1–5 business days

          c. 6–10 business days

          d. More than 10 business days

          e. This information is not collected or tracked

          f. Don’t know

           

          14. Is it common practice to inquire as to the definitions of maltreatment in the State to which the inquiry is being made?

          a. Yes

          b. No

          c. Don’t know

          15. Is it common practice to inquire as to the standard of proof for substantiating abuse and neglect in the State to which the inquiry is being made?

          a. Yes

          b. No

          c. Don’t know

          16. If a State has a standard of proof that is less than your State’s standard of proof for substantiating maltreatment, how does this affect the use of the information received regarding child maltreatment perpetrators?

          Please describe:

          17. Approximately how many requests for information about child maltreatment pepetrators has your State made to other States during the past 12 months? (Note: If most requests are made by county level investigators and the number is not known, answer "Don’t know.")

          a. Less than 50

          b. 50–99

          c. 100–499

          d. 500–999

          e. 1,000–1,999

          f. 2,000–4,999

          g. 5,000 or more

          h. Don’t know

          C. A FUTURE NATIONAL REGISTRY OF CHILD MALTREATMENT PERPETRATORS

          There is discussion of creating a National Registry of Child Maltreatment Perpetrators. It is anticipated that if such a registry were created, States would provide only limited information on child maltreatment perpetrators. The data under discussion currently only include the name and State of the person. Please consider the following questions with regards to using such a registry.

          18. What might be the barriers related to participating in a National Registry of Child Maltreatment Perpetrators?

           

          19. What might be the benefits of participating in a National Registry of Child Maltreatment Perpetrators?

           

          20. Would the potential benefits of participating in a National Registry of Child Maltreatment Perpetrators outweigh the potential problems?

          Yes

          No

          Don’t know

      21. Please provide additional feedback regarding the establishment of a National Registry of Child Maltreatment Perpetrators.

       

      Form Approved

      OMB Number: 0990-0366

      Expiration Date: 01/31/2014

      Feasibility Study for a National Registry of Child Maltreatment Perpetrators

      TECHNICAL INFORMATION ON DATA REPOSITORIES
      OF CHILD MALTREATMENT PERPETRATORS

      (to be administered on the Internet)

      This questionnaire focuses on how your agency currently gathers, stores, and shares information on child maltreatment perpetrators.

      The term "perpetrator" is used in this study to indicate any person whom the child protective services agency has found to be responsible for child abuse or neglect. The person need not have been charged with either a civil or criminal offense.

      In general, the term "repository" applies only to the source or sources of data that are currently used by your State to respond to requests from in-state or out-of-state agencies about perpetrators. In-state or out-of-state requests for data may come from agencies investigating child abuse and neglect or from those screening job applicants.

      Some States have more than one repository. If your State has more than one data repository for perpetrators of child abuse and neglect, a separate questionnaire should be completed for each repository. Criminal databases should not be included.

      Please provide the following information before beginning the survey.

      Name of Data Repository: ________________________

      Agency/department primarily responsible for the content of the repository: _________________

      Agency/department primarily responsible for maintaining the repository: _________________

      A. PRELIMINARY QUESTIONS

      Is the repository: (choose one)

      a. Part of a statewide child welfare information system?

      b. A stand-alone statewide information system on child maltreatment perpetrators?

      c. Don’t know

      d. Other:

      Please specify: ____

      2. Is this repository used for:

      a. Answering out-of-state inquiries about child maltreatment perpetrators?

      ___ Yes ___ No ____ Don’t know

      b. Providing non-identifiable information on child maltreatment perpetrators (e.g. National Child Abuse And Neglect Data System (NCANDS) or other reporting)

      ____ Yes ___ No ____ Don’t know

      If your State were to participate in a National Registry of Child Maltreatment Perpetrators, would this repository be the source of the data?

      a. Yes

      b. No:

      Please provide the name and contact information for the repository that would be the source of data for a national repository: _________________________

      c. Don’t know

      ___ To continue with the survey, please confirm that your repository is used for the following stated functions:

      1. The above repository is used either as part of a statewide child welfare information system or stand-alone statewide information system on child maltreatment perpetrators;
      2. The repository is used for answering out-of-state inquiries and/or providing non-identifiable information on child maltreatment perpetrators; and,
      3. If your state were to participate in a National Registry of Child Maltreatment Perpetrators, this repository would be the source of data.

      ___ If ALL answers to the three previous questions are NO, please indicate here and do not complete the remainder of the survey.

       

      B. REPOSITORY ENVIRONMENT

      4. What type of agency or department has technical responsibility for the data repository? (i.e., controls the storage of data in the repository)

      a. State umbrella social services agency

      b. State stand-alone child welfare agency

      c. State department of justice

      d. State department of information technology (outside of any of the above)

      e. Don’t know

      f. Other:

      Please specify: _________________________________

      5. What type of agency or department has business control over the data in the repository (i.e., controls the data contained in the repository)?

      a. State umbrella social services agency

      b. State stand-alone child welfare agency

      c. State department of justice

      d. State department of information technology (outside of any of the above)

      e. Don’t know

      f. Multiple agencies:

      Please specify: _________________________________

      6. Please identify the types of agencies that directly provide data to the repository. (check all that apply)

      a. Public child welfare agencies (State and county)

      b. Tribal child welfare agencies

      c. Private children’s services agencies in the State

      d. State and local law enforcement (police, sheriffs’ offices)

      e. District Attorneys

      f. Courts

      g. Don’t know

      h. Others:

      Please specify: _______

      7. Are repository data stored in a relational database?

      a. Yes

      b. No

      c. Don’t know

       

      8. Please identify the agencies that have direct electronic access to the data files stored in this repository. (check all that apply)

      a. Public child welfare agencies (State and county)

      b. Tribal child welfare agencies

      c. Private children’s services agencies in the State

      d. State and local law enforcement (police, sheriff’ offices)

      e. District Attorneys

      f. Courts

      g. Don’t know

      h. Others:

      Please specify: _______

      9. How are data in the repository electronically accessed?

      a. Through a private network

      b. Through the Internet

      c. Both

      d. Neither

      e. Don’t know

      C. CONTENTS OF THE DATA REPOSITORY

      10. Are the data in this repository statewide (including all counties and jurisdictions)?

      a. Yes

      b. No:

      Please explain: ________

      c. Don’t know

      11. What is the scope of the data in this data repository? (check all that apply)

      a. All child welfare automated case information

      b. Child maltreatment perpetrators regardless of legal action

      c. Child maltreatment perpetrators who have been convicted of civil offenses

      d. Child maltreatment perpetrators who have been convicted of criminal offenses

      e. Alleged child maltreatment perpetrators

      f. Don’t know

      g. Other:

      Please specify: ______________

      12. How many years of data does this repository have on child maltreatment perpetrators?

      a. Less than one year

      b. 1–4 years

      c. 5–9 years

      d. 10–14 years

      e. 15 or more years

       

      13. Are data included from Native American or Alaska Native tribes in the State?

      a. Yes, all tribes

      Please specify: ________

      b. Yes, certain tribes only

      Please specify: ________

      c. No

      d. There are no tribal governments or jurisdictions in my State

      e. Don’t Know

      14. What proportion of all persons determined to be child maltreatment perpetrators would you estimate are in this repository?

      a. All or nearly all

      b. Most

      c. About half

      d. Less than half

      e. Don’t know

      15. Which of the following data elements does this repository include for all child maltreatment perpetrators? (check all that apply)

      a. Name of child maltreatment perpetrator

      b. Alternative perpetrator names

      c. Unique perpetrator identifier

      d. Last known address

      e. Date of birth

      f. Age

      g. Sex/gender

      h. Race/ethnicity

      i. SSN

      j. Type of substantiated maltreatment

      k. Date(s) of disposition

      l. Relationship to child victim

      m. Status of any legal proceedings

      n. Zip code of last known address

      o. County of last known address

      p. Other:

      Please specify: ____________

       

      16. Of the data elements identified above, how accurate would you estimate the data are on all child maltreatment perpetrators in this repository? (This question is not asking about missing information but is asking how accurate are the data contained in the data repository.)

      a. Very accurate (better than 95 percent)

      b. Somewhat accurate (90 to 95 percent)

      c. Somewhat inaccurate (70 to 89 percent)

      d. Very inaccurate (less than 70 percent)

      e. Don’t know

      17. Of the data elements identified above, what percent of data on the child maltreatment perpetrators in the repository would you estimate are missing?

      a. Less than 5 percent

      b. 5–9 percent

      c. 10–14 percent

      d. 15–19 percent

      e. 20 or more percent

      f. Don’t know

      18. Which of the following data elements does the repository maintain on all victims of child maltreatment? (check all that apply)

      a. Name of victim child

      b. Alternative names (aliases)

      c. Last known address

      d. Date of birth or age

      e. Sex/gender

      f. Race/ethnicity

      g. Date of incident

      h. Type of maltreatment

      i. Date(s) of disposition

      j. Relationship of perpetrator to child victim(s)

      k. Information regarding the assigned agency/worker

      l. Whether the child was placed in foster care as a result of the maltreatment

      m. Status of any legal proceedings

      n. Unique child identifier

      o. Don’t know

      p. Other:

      Please specify: ____________

       

      19. Of the data elements identified above, how accurate would you estimate the data are on child victims in this repository? (This question is not asking about missing information but is asking how accurate is the data contained in the data repository.)

      a. Very accurate (better than 95 percent)

      b. Somewhat accurate (90 to 95 percent)

      c. Somewhat inaccurate (70 to 89 percent)

      d. Very inaccurate (less than 70 percent)

      e. Don’t know

      20. Does the repository include any of the following additional information? (check all that apply)

      a. Name and contact information of agency or individual that made the initial report of alleged maltreatment

      b. Name and contact information of the person who conducted the child protective services investigation

      c. Name and contact information of the agency that submitted the data to the repository, if different from person listed above

      d. None of the above

      e. Don’t know

      f. Other:

      Please specify: ____________

      D. MAINTAINING DATA ON THE REPOSITORY

      21. How often are data submitted to this data repository?

      a. As created (real-time)

      b. Daily

      c. Weekly

      d. Monthly

      e. Less than once a month

      f. Don’t know

      22. Have data submitted to the repository been validated?

      a. Yes

      b. No (Skip to Q25)

      c. Don’t know (Skip to Q25)

       

      23. Are submitting agencies notified of invalid or incomplete submissions and asked to resubmit corrected data?

      a. Yes

      b. No

      c. Don’t know

      d. Not applicable

      Please explain: ____________

      24. Do you expunge or purge data regularly?

      a. Yes

      b. No (Skip to Q27)

      c. Don’t know (Skip to Q27)

      25. What is the length of time after the maltreatment date or disposition date that data are expunged or purged?

      a. Less than 5 years

      b. Between 5 and 10 years

      c. Between 11 and 20 years

      d. More than 20 years

      26. Under what conditions are data expunged or purged from the data repository? (check all that apply)

      a. Successful challenge to being determined a perpetrator of child maltreatment

      b. Successful challenge to being designated as a perpetrator of child abuse and neglect on the repository

      c. Passage of a certain amount of time since the person was determined to be a perpetrator of abuse and neglect

      d. All children involved in the abuse and neglect incident have reached a certain age

      Indicate age: _________

      e. All children in the home are 18 years of age or older

      f. Perpetrator of child abuse and neglect was acquitted of criminal charges related to abuse and neglect

      g. Death of the perpetrator

      h. Other:

      Please list: _________

       

      E. FUTURE NATIONAL REGISTRY OF CHILD MALTREATMENT PERPETRATORS

      There is discussion of creating a National Registry of Child Maltreatment Perpetrators. It is anticipated that if such a registry were created, States would provide only limited information on substantiated child maltreatment perpetrators. The data under discussion currently include only the name and State of the person. Please consider the following questions with regard to using such a registry. Your answers to the following questions will be reported in the aggregate. No State-specific data will be reported.

      If your State were to participate in a National Registry of Child Maltreatment

      Perpetrators, which data source would your State use?

      a. Statewide child welfare information system

      b. Not applicable

      c. Don’t know

      d. Other:

      Please specify: _________________________

      28. Which of the following data elements do you anticipate your State would be able to provide if the State decided to participate? (check all that apply)

      g. Name of child maltreatment perpetrator

      h. Alternative names (e.g. married names, aliases)

      i. Last known address

      j. Date of birth or age

      k. Sex/gender

      l. Race/ethnicity

      m. Type(s) of substantiated maltreatment

      n. Date(s) of disposition

      o. Relationship to child victim(s)

      p. Status of any legal proceedings

      q. Don’t know

      r. Other:

      Please specify: _________________

       

      29. If a National Registry of Child Maltreatment Perpetrators was created, the following persons could be included. Please indicate if your State has the technical capacity to submit data following the criteria below.

       
      Included Yes No Don’t know
      a. Child maltreatment perpetrators who have been found by the CPS agency to have been responsible for child abuse or neglect ___ ___ ___
      b. Child maltreatment perpetrators who have been found to be responsible at the highest level of child maltreatment finding under State law ___ ___ ___
      c. Child maltreatment perpetrators who are 18 years or older at the time of the reported incident ___ ___ ___
      d. Child maltreatment perpetrators who have been notified per State law or policy of the designation of being a perpetrator in the data repository ___ ___ ___
      e. Child maltreatment perpetrators whose findings are not under appeal or review ___ ___ ___

      30. From an operational perspective, how often could your State submit data to a National Registry of Child Maltreatment Perpetrators?

      a. Once a year

      b. Twice a year

      c. More frequently than twice a year

      d. As often as requested

      e. Don’t know

      31. Would it be easier to:

      a. Submit unduplicated data with minimal information per child maltreatment perpetrator

      b. Submit one record on each child maltreatment perpetrator for each finding of having maltreated a child (duplicated information)

      c. Either is fine

      d. Don’t know

      32. Would it be easier to:

      a. Submit only updates to existing data, including additions and deletions

      b. Resubmit the whole file with a number of years of data

      c. Either is fine

      d. Don’t know

      33. What might be the barriers to participating in a future National Registry of Child Maltreatment Perpetrators?

      34. What might be the benefits to participating in a future National Registry Child Maltreatment Perpetrators?

      35. Would the potential benefits of participating in a National Registry of Child Maltreatment Perpetrators outweigh the potential problems?

      Yes

      No

      Don’t know

      Please provide any additional feedback regarding the establishment of a National Registry of Child Maltreatment Perpetrators.

       

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