CMRL - Using Child Protection Files to Screen People

[Stephen.Lodge@xxxxxxxxxxxxxx]

     I have been engaged by New Zealand and all of the States and
     Territories of Australia to prepare a report regarding whether child 
     protection registers, child protection files and/or personnel files 
     should be used to screen people who have unsupervised contact with 
     children.
     
     I am interested in assessing overseas practice and research and 
     would like to know:
     
     1. Which states in the United States (or any other country) use 
     child protection files to assess whether a person should be a 
     foster parent, child protection worker or child care assistant or 
     otherwise have unsupervised contact with children.
     
     If States/Countries do carry out such checks, then:
     
     a) When are child protection records used to screen people?
     
     b) Is all of the child protection file provided to the relevant 
     screening agency or is only a result provided?
     
     c) If a person is found in a child protection inquiry to be a 
     perpetrator, will that person be unable to work in certain areas or 
     carry out certain positions?  I am interested in this in theory and in 
     practice.
     
     d) Are people told during the protection investigation that the 
     information recorded in a child protection file may be used for 
     screening purposes?
     
     e) Are people aware of the information that is recorded about them? Do 
     they have an opportunity to appeal against statements contained in the 
     child protection file?
     
     f) Is there any privacy legislation that affects such disclosures?
     
     g) Do the people consent to the child protection files being checked 
     for their name or is this done without their consent.
     
     h) Is there an expungency process.  For instance, will the records be 
     checked back 20 years?
     
     2. Any research or reviews which have addressed this issue, including 
     the effectiveness of such screening and the impact of such work on 
     child protection work. 
     
     3.      Any other contacts that may be able to assist me.
     
     (Please note that I have read the NCCAN summary of child 
     protection legislation and the paper prepared by Victor Flango in 
     1988.)
     
     I have been asked to summarise the approach overseas in 2 months. 
     I would appreciate any assistance that you are able to provide.
     
     
     My address is:
     
     
     Stephen Lodge
     27 Banksia Street
     BLACKBURN VIC 3130
     AUSTRALIA
     
     Fax        61 3 9616 7965
     Phone      61 3 9616 7555
     
     email:  stephen.lodge@dhs.vic.gov.au
     
     
     Kind regards and many thanks
     
     
     Stephen Lodge