Assessing the Feasibility of Creating and Maintaining a National Registry of Child Maltreatment Perpetrators: Research Report. ENDNOTES

[1] U.S. Department of Health and Human Services, Office of the Assistant Secretary for Planning and Evaluation (May 2009). Interim Report to the Congress on the Feasibility of a National Child Abuse Registry. Available from, http://aspe.hhs.gov/hsp/09/ChildAbuseRegistryInterimReport/index.shtml

[2] The FCR contains State Child Support Enforcement (IV-D) and non-IV-D case data and serves as a pointer system to help locate persons across State lines. A person's data in the FCR are matched daily against employment data in the National Directory of New Hires (NDNH) and sent to Sates to facilitate case processing and increase collections.

[3] Solomon, F.J., Henry, R.C., Hogan, J.G., Van Amburg, G.H., and Taylor, J. "Evaluation and Implementation of Public Health Registries. Public Health Reports, 105(2) (1991), 142-150.

[4] Fontana, V., Besharov, D. The Maltreated Child: The Maltreatment Syndrome in Children: A Medical, Legal and Social Guide, 4th Edition. (Springfield, Illinois: Charles C Thomas Publisher, 1979).

[5] Besharov, D. "Putting Central Registers to Work: Using Modern Management Information Systems to Improve Child Protective Services."Chicago-Kent Law Review, 54 (1978) 687-751.

[6] Battered child syndrome is defined as a collection of injuries sustained by a child as a result of repeated maltreatment or beating.

[7] Fontana, The Maltreated Child.

[8] Ibid, 120.

[9] Besharov, Putting Central Registries to Work.

[10] U.S. Department of Health and Human Services, Administration for Children and Families, Children's Bureau, Office of the Assistant Secretary for Planning and Evaluation (2003) National Study of Child Protective Service Systems and Reform Efforts: Review of State CPS Policy. Washington DC: U.S. Government Printing Office.

[11] Most jurisdictions require a registry of child maltreatment perpetrators including 40 States, the District of Columbia, American Samoa, Guam, and Puerto Rico. Registries in other States may be maintained as a matter of administrative or agency policy. Child Welfare Information Gateway (2011) Establishment and Maintenance of Central Registries for Child Abuse Reports. Washington, D.C.: Children's Bureau/ACYF. pp 1-2.

[12] The Adam Walsh Child Protection and Safety Act of 2006, P.L.109-248 633 (a), (b); 42 U.S.C. 16990(a),(b).

[13] Id. at 633(e); 42 U.S.C. 16990(e).

[14] Id. at 633 (2)(B); 42 U.S.C. 16990 (2)(B).

[15] Id. at 633 (d) (1)(2); 42 U.S.C. 16990 (d)(1).(2).

[16] Id. at 633(c)(1)(B)); 42 U.S.C. 16990 (c)(1).(B).

[17] U.S. Department of Health and Human Services, Office of the Assistant Secretary for Planning and Evaluation (May 2009). Interim Report to the Congress on the Feasibility of a National Child Abuse Registry. Available from, http://aspe.hhs.gov/hsp/09/ChildAbuseRegistryInterimReport/index.shtml

[18] The Adam Walsh Child Protection and Safety Act of 2006, P.L.109-248 633; 42. U.S.C. 16990.

[19] The Child Abuse Prevention and Treatment Act as amended (2010), P.L. 111-320; 42 U.S.C. 5101 et seq; 42 U.S.C. 5116 et. seq.

[20] 5 U.S.C 552a et. seq . (West 2010).

[21] The Adam Walsh Child Protection and Safety Act of 2006, P.L.109-248 §152; 42. U.S.C. 671(a)(20).

[22] The Child Abuse Prevention and Treatment Act as Amended (2010), P.L. 111-320; 42U.S.C. 5106 (b)(2)(B)(viii).

[23] The Child Abuse Prevention and Treatment Act as Amended (2010), P.L. 111-320; 42. U.S.C. 5106 (b)(2)(B)(xii).

[24] 5 USC § 552a(a)(7) (West 2010).

[25] 5 USC § 552a(e)(4)(D) (West 2010).

[26] 5 USC § 552a(b)(7) (West 2010). In HHS' 2009 Interim Report to Congress, when discussing the Privacy Act, HHS stated that "this database would be used for civil law enforcement purposes." Interim Report at 24.

[27] The Child Abuse Prevention and Treatment Act as Amended (2010), P.L.111-320, §3; 42 U.S.C. 5101 et. seq.

[28] Child Welfare Information Gateway (2011). Definitions of Child Abuse and Neglect. Available from, http://www.childwelfare.gov/systemwide/laws_policies/statutes/define.pdf.

[29] Ibid.

[30] Some States also provide an alternative response or "differential response," "family assessment response," or "dual-track." Alternative response involves assessing family strengths, identifying the needs of the family, and providing services to the family without establishing the validity of the report. That is, there is usually no formal determination or substantiation of child abuse or neglect or the identification of perpetrators. In most cases, acceptance of alternative response and its services is voluntary. Since such cases do not result in the determination of a perpetrator, it is unlikely that data from most such cases would be part of a national registry.

[31] Information on State standards of proof was obtained from the Legal Survey for 36 States. Information for the remaining States was obtained from U.S. Department of Human Services, Administration on Children, Youth and Families, Children's Bureau. (2010). Child Maltreatment 2009. Available from http://www.acf.hhs.gov/programs/cb/pubs/cm09/cm09.pdf.

[32] All estimates presented in this paragraph are based on survey responses from 36 States.

[33] In 2009, Forty-four States reported that three-fifths (59.9%) if victims received postresponse services. A victim is a child having a maltreatment disposition of substantiated, indicated, or alternative response victim.

[34] Forty-four out of 52 States have State law or written policy specifying the classes of people who can be determined to be a perpetrator of child abuse and neglect. Data from the questionnaire was supplemented by a review of the law in the 16 States that did not participated in the legal/policy questionnaire. Twenty-three out of 36 States reported that they have State law or written policy specifying the classes of people once found to be maltreatment perpetrators are designated as such on the data repository.

[35] More, J. (1995). Charting a Course Between Scylla and Charybdis: Child Abuse Registries and Procedural Due Process. 73 N.C. L. Rev. 2063.

[36] The Child Abuse Prevention and Treatment Act as Amended (2010), P.L. 111-320; 42. U.S.C. 5106 (b)(2)(B)(xv)(II).

[37] Percentage based on 52 States.

[38] Percentages based on 36 States responding to the survey.

[39] Percentages in this and the preceding paragraph are based on all 52 States.

[40] Case law is well settled on the test to determine what constitutes a "protected interest" within the context of state data repositories. A protected interest is at stake if the affected person can show his or her reputation was injured (or stigmatized) as well as some real injury from either being placed on the repository or losing something to which he or she was legally entitled. See, e.g. Valmonte v. Bane, 18 F.3d 992 (2d Cir. 1994).

[41] P.L. 109-248, 42 U.S.C. § 16990 (e).CAPTA requires that states have "provisions to require a State to disclose confidential information to "Federal, State, or local government entities… that has a need for such information to carry out its responsibilities under the law to protect children from child abuse and neglect (emphasis added)." 42. U.S.C. 1502 (b) (2) (B) (ix).

[42] Percentage is based on 52 States.

[43] Percentages are based on 35 States with valid survey responses.

[44] Percentages in the prior three paragraphs are based on 36 States responding to the survey.

[45] Child Welfare Information Gateway (2008). Review and Expunction of Child Registry and Reporting Records: Summary of State Laws. Available from, www.childwelfare.gov/systemwide/laws_policies/statutes/registry.cfm

[46] The Child Abuse Prevention and Treatment Act, as Amended (2010),P/L/ 111-320; 42 U.S.C 5101 et. seq.

[47] The Child Abuse Prevention and Treatment Act, as Amended (2010), P.L. 111-320; 42 U.S.C 5106a(b)(2)(A)(xii).

[48] Percentages in the prior two paragraphs are based on 36 States responding to the survey.

[49] Percentages in the prior paragraph are based on 52 States.

[50] Percentages in this paragraph are based on 36 States responding to the survey.

[51] Percentages in this paragraph are based on 36 States responding to the survey.

[52] These percentages are based on 36 States responding to the survey.

[53] U.S. Department of Health and Human Services, Administration for Children and Families, Administration on Children, Youth, and Families, Children's Bureau..Child Maltreatment (2009). Available from http://www.acf.hhs.gov/programs/cb/pubs/cm09/.

[54] Office of the Assistant Secretary for Planning and Evaluation, U.S. Department of Health and Human Services. (2009) Interim Report to the Congress on the Feasibility of a National Child Abuse Registry. Page 15.

[55] In cases in which matches were made in the same year (2009), interstate matches were counted only when the date of report preceded that of the record from the inquiring State.

[56] Interstate migration estimates were not yet available for the 2010 Census.

[57]For several States that did not have aggregate estimates for 2009, 2010 or 2008 data was used, when available. For details, see methodology chapter in this report.

[58] This is based on a finding that 16.7 percent of child victims of maltreatment had been revictimized within 5 years. Cited in U.S. Department of Health and Human Services, Office of the Administrative Secretary for Planning and Evaluation. (2009). Interim Report to the Congress on the Feasibility of a National Child Abuse Registry. Washington, D.C. p. 16.

[59] Molloy, R., Smith, C., Wozniak, A. (2011). Internal Migration in the United States. Table 1. Finance and Economic Discussion Series, Divisions of Research and Statistics and Monetary Affairs, Federal Reserve Board, Washington, D.C. paper 2011–30.

[60] 0.167 * 0.089 = 0.0149 or 1.5 percent.

[61] Only 2.1 percent all of perpetrator records were missing one or more of these measures, so missing data is expected to have a minimal effect on the final estimates.

[62] Estimate from U.S. Department of Health and Human Services, Administration for Children and Families, Administration on Children, Youth, and Families, Children's Bureau. (2010). Child Maltreatment 2009, page 69.

View full report

Preview
Download

"ResearchReport.pdf" (pdf, 4.61Mb)

Note: Documents in PDF format require the Adobe Acrobat Reader®. If you experience problems with PDF documents, please download the latest version of the Reader®

View full report

Preview
Download

"ReportMethodology.pdf" (pdf, 738.21Kb)

Note: Documents in PDF format require the Adobe Acrobat Reader®. If you experience problems with PDF documents, please download the latest version of the Reader®

View full report

Preview
Download

"CaseLawReview.pdf" (pdf, 598.85Kb)

Note: Documents in PDF format require the Adobe Acrobat Reader®. If you experience problems with PDF documents, please download the latest version of the Reader®

View full report

Preview
Download

"StatuteInterimReport.pdf" (pdf, 1.04Mb)

Note: Documents in PDF format require the Adobe Acrobat Reader®. If you experience problems with PDF documents, please download the latest version of the Reader®