5101:2-34-381 ACCESS/CONFIDENTIALITY OF INFORMATION CONTAINED IN THE CHILD ABUSE AND NEGLECT CENTRAL REGISTRY.

(A)      INFORMATION CONTAINED IN THE CENTRAL REGISTRY ON CHILD ABUSE OR NEGLECT IS CONFIDENTIAL. RELEASE OF CENTRAL REGISTRY INFORMATION OTHER THAN THAT LISTED IN THIS RULE IS UNAUTHORIZED DISSEMINATION. ANY PERSON WHO PERMITS OR ENCOURAGES THE UNAUTHORIZED DISSEMINATION OF THE CONTENTS OF A CENTRAL REGISTRY REPORT IS GUILTY OF A MISDEMEANOR OF THE FOURTH DEGREE.


(B)      A PCSA OR CHILDREN SERVICES AGENCY (CSA) MAY ONLY REQUEST AND RECEIVE INFORMATION FROM THE CENTRAL REGISTRY BECAUSE IT HAS RECEIVED A REPORT OF CHILD ABUSE OR NEGLECT. IN AN EMERGENCY SITUATION, THE REQUESTED INFORMATION MAY BE RELEASED BY TELEPHONE TO A VERIFIED REPRESENTATIVE OF A PCSA OR CSA. VERIFICATION WILL OCCUR BY STAFF OF THE CENTRAL REGISTRY CALLING THE PCSA OR CSA AND ASKING FOR THE REPRESENTATIVE REQUESTING THE INFORMATION. THE FOLLOWING INFORMATION WILL BE RELEASED:


(1)      NAME AND ROLE OF EACH PRINCIPAL REGISTERED IN ANY PRIOR REPORT;


(2)      DATE, ALLEGATION AND RESOLUTION/DISPOSITION OF EACH REPORT;


(3)      NAME AND TELEPHONE NUMBER OF THE COUNTY INVOLVED IN EACH REPORT.


(C)      ODJFS MAY CONDUCT OR AUTHORIZE STUDIES OF DATA CONTAINED IN THE CENTRAL REGISTRY AND DISTRIBUTE RESULTS OF SUCH STUDIES, PROVIDED THAT NO SUCH STUDY CONTAINS THE NAME OR OTHER INFORMATION BY WHICH A PRINCIPAL OF A REPORT OR AN OUT-OF-HOME CARE SETTING COULD BE IDENTIFIED OR DEDUCTIVELY INFERRED. PRIOR TO RELEASING INFORMATION, ODJFS MUST BE SATISFIED THAT:


(1)      THE INFORMATION WILL BE USED ONLY FOR THE PURPOSE FOR WHICH IT IS MADE AVAILABLE;


(2)      SUCH PURPOSE SHALL BE RELATED TO THE GOAL OF CHILD PROTECTIVE SERVICES; AND


(3)      THE CONFIDENTIAL NATURE OF THE INFORMATION WILL BE PRESERVED.


(D)      ANY PERSON ENGAGED IN A RESEARCH PROJECT APPROVED BY THE DEPARTMENT OF HEALTH AND HUMAN SERVICES OR BY ODJFS MAY RECEIVE INFORMATION FROM THE CENTRAL REGISTRY. THE REQUEST FOR INFORMATION SHALL BE IN WRITING AND APPROVED BY THE DEPUTY DIRECTOR WHO ADMINISTERS CHILD PROTECTIVE SERVICES. SUCH INFORMATION SHALL NOT INCLUDE THE IDENTITIES OR INFORMATION BY WHICH AN IDENTITY COULD BE DEDUCTIVELY INFERRED FOR ANY PRINCIPAL IN THE REPORT OR AN OUT-OF-HOME CARE SETTING. NO INFORMATION RELEASED FOR RESEARCH MAY CONTAIN INFORMATION THAT MIGHT SERVE TO IDENTIFY ANY INDIVIDUAL WHO HAS MADE A REPORT OF CHILD ABUSE OR NEGLECT.


(E)      INDIVIDUALS WHO HAVE BEEN THE SUBJECT OF A REPORT OF ALLEGED CHILD ABUSE AND/OR NEGLECT MAY INQUIRE AS TO WHETHER THEIR NAMES HAVE BEEN PLACED OR REMAIN ON THE CENTRAL REGISTRY BY SUBMITTING A WRITTEN REQUEST TO ODJFS. THE WRITTEN REQUEST MUST BE SIGNED BY THE INDIVIDUAL WHO IS THE SUBJECT OF THE INQUIRY AND CONTAIN THE FOLLOWING:


(1)      THE INDIVIDUAL'S ADDRESS, DATE OF BIRTH AND SOCIAL SECURITY NUMBER;


(2)      COPIES OF TWO FORMS OF IDENTIFICATION (I.E., SOCIAL SECURITY CARD, DRIVER'S LICENSE OR STATE ID, BIRTH CERTIFICATE).


(F)      A NOTARIZED REQUEST CONTAINING THE INDIVIDUAL'S ADDRESS, DATE OF BIRTH AND SOCIAL SECURITY NUMBER MAY BE SUBMITTED IN LIEU OF THE COPIES OF TWO FORMS OF IDENTIFICATION.


(G)      APPROPRIATE ODJFS STAFF WILL CONDUCT A SEARCH OF THE CENTRAL REGISTRY AND RESPOND IN WRITING DIRECTLY TO THE INDIVIDUAL WHO IS THE SUBJECT OF THE INQUIRY.


RULE REPLACES: 5101:2-35-20

EFFECTIVE DATE: 4/1/2001

REVIEW DATE:

CERTIFICATION: Jo Ann Davidson

DATE

PROMULGATED UNDER: REVISED CODE CHAPTER 119.

STATUTORY AUTHORITY: REVISED CODE SECTION 2151.421

RULE AMPLIFIES: REVISED CODE SECTION 2151.421

PRIOR EFFECTIVE DATES: 11/22/81, 01/01/90