110 CMR, § 4.37 - Access to the Central Registry

(1) Department staff may have access to the Central Registry for the following purposes:

(a) Screening applications for employment, volunteer work or a student internship, with the Department, or one of its contracted providers, for a position with direct contact with clients and children;

(b) Screening applications to become foster or adoptive parents;

(c) Screening a 51A report;

(d) Conducting a 51B response;

(e) Assisting in providing services to any child in the care or custody of the Department; or (f) Assisting in providing services to a family with an open case with the Department.

(2) State child welfare agencies of another state may, upon request, receive information from the Central Registry for the following purposes:

(a) Reviewing an application of a prospective foster or adoptive parent, or

(b) To carry out the agency's responsibilities under law to protect children from abuse and neglect.

(3) The Department may enter into agreements with other state agencies to permit access to the Central Registry for the purpose of screening applications for employment, volunteering, internships, foster or adoptive parents, or other entities licensed by the agency, who may have positions involving unsupervised contact with children.

(4) The Child Advocate shall have access to information contained in the Central Registry to fulfill the responsibilities of the Office of the Child Advocate, as specified in M.G.L. c. 18C.

(5) Pursuant to the Fair Information Practices Act (FIPA), M.G.L. c. 66A, § 2(j), a data subject or duly authorized representative may contest the accuracy of the data maintained in the Central Registry. Any data subject, or duly authorized representative, may obtain official confirmation or denial of the fact that the person's name appears in the Central Registry and a copy of the information maintained on the Central Registry by making a specific written request to the Fair Hearing Unit, pursuant to this provision accompanied by sufficient proof of identity. The person may direct that the information be provided to another individual, or agency.

(6) No other individual, group, agency or department, including law enforcement, child welfare or educational agencies, may have access to information contained in the Central Registry without the written approval of the Commissioner, an order of a court of competent jurisdiction, or as authorized by M.G.L. c. 119, § 51F.

Notes

110 CMR, § 4.37

Amended by Mass Register Issue 1486, eff. 1/6/2023.