Re: CMRL - Using Child Protection Files to Screen People

[dsbanghart@xxxxxxxx]

see below


David Banghart
Child Protection Specialist
Child Protection Team at Tampa General Hospital
Tampa, Fl
Email: DSBanghart@Juno.com

On Sat, 30 May 98 14:04:17 +1000 Stephen.Lodge@dhs.vic.gov.au writes:
>     
>     
>     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.

In Florida we used to check the CPS files.  People who worked with
children, disabled adults and the elderly were required to undergo a
criminal background check, with finger printing and a CPS registry. 
People who were found to be a confirmed perpetrator of abuse to children,
elderly or disabled adults were prohibited fro mbeing employed in those
fields.  Also if the person had been convicted of one of 27 different
crimes, they were not allowed to work.
The employer who send to paperwork to the administrative office at the
regional CPS branch.  I believe that office would only say they were a
confirmed perp and not the details. 

    
>     d) Are people told during the protection investigation that the 
>     information recorded in a child protection file may be used for 
>     screening purposes?

I was a former CPS worker during that time and I can't remember. 
Probalby not regularly, unless asked.

>     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?

They had an opportunity to obtain a copy of the CPS report.  They could
appeal the findings to to local distric adminstrator and then to an
administrative judge.

>     
>     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.

I can't remember for sure but I believe I had to sign authorization. 
however if i did not sign, i could not work.
   
>     h) Is there an expungency process.  For instance, will the 
>records be 
>     checked back 20 years?

at the time confirmed perps were in the system for 50 years. unfounded
reports were expunged with in 30 days or a year ( it changed).  A middle
category (indicated or later closed without classification) were in the
system for 7 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. 

Florida discontinued the practice for several reasons. the official
reason was that most people could have been rejected because of their
criminal records.  i think the unofficial reason was it was tired of the
flack from putting people on a registry.  Now we have a hotline
information system which does not act as a screening device. 

     
>     3.      Any other contacts that may be able to assist me.

i will find the name of the Fl. CPS people you can talk to. I may have
some articles on the subject.
     
>     (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
>     
>     
>
>

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