Statutes | Muscogee (Creek) Nation Code Title 6 Chapter 1 subchapter 5 ยง 5-513 | 2018
A. When the National Council determines that sufficient funding and resources are available, the Nation shall establish a central registry of child protection for the purpose of maintaining a registry of information concerning each case of child abuse reported under this subchapter.
B. The central registry shall contain but shall not be limited to:
1. All information in any written report received under this subchapter
2. Record of the final disposition of the report, including services offered and services accepted
3. The plan for rehabilitative treatment
4. The name and identifying data, date, and circumstance of any person requesting or receiving information from the central registry
5. Any other information which might be helpful in furthering the purposes of this chapter.
C. The CFSA Manager may employ a manager of the central registry on a part-time or full-time basis if funds are available, or may assign the duties of the manager of central registry to a CFSA employee or employees on a parttime basis. The person performing the duties of the manager shall have charge of said registry. Subject to available appropriations, the manager shall equip his office so that data in the central registry may be made available during nonbusiness hours through the use of computer technology. Such computerized records shall be password coded and only CFSA personnel, judges, justices and law enforcement personnel shall have access to the password.
D. After a child who is the subject of a report reaches the age of eighteen (18) years, access to his record under this section shall be permitted only if a sibling or offspring of such child is before any person mentioned in subsection B of Title 6, § 1&ndash502 and is a suspected victim of child abuse. The amount and type of information released shall depend upon the source of the report and shall be determined by regulations established by the manager of the central registry. However, under no circumstances shall the information be released unless the person requesting such information is entitled thereto as confirmed by the manager of the central registry and the information released states whether or not the report is founded or unfounded. A person given access to the names or other information identifying the subject of a report shall not divulge or make public any identifying information unless he is the Prosecutor or other law enforcement official and the purpose is to initiate court action or unless he is the subject of a report.
E. Unless an investigation of a report conducted pursuant to this subchapter determines there is some credible evidence of alleged abuse, all information identifying the subject of the report shall be expunged from the central registry forthwith. The decision to expunge the record shall be made by the manager of the central registry based upon the investigation made by the CFSA or the enforcement agency.
F. In all other cases, the record of the reports to the central registry shall be sealed no later than ten (10) years after the child's eighteenth (18th) birthday. Once sealed, the record shall not otherwise be available unless the Manager of the central registry, pursuant to rules promulgated by CFSA and upon notice to the subject of the report, gives his personal approval for an appropriate reason. In any case and at any time, the manager may amend, seal, or expunge any record upon good cause shown and notice to the subject of the report.
G. At any time the subject of a report may receive, upon request, a report of all information pertinent to the subject's case contained in the central registry, but the manager of the central registry is authorized to prohibit the release of data that would identify the person who made the report or who cooperated in a subsequent investigation which he reasonably finds to be detrimental to the safety or interest of such person.
H. At any time subsequent to the completion of the investigation, a subject of the report may request the manager to amend, seal, or expunge the record of the report. If the manager refuses to does not act within a reasonable time, but in no event later than thirty (30) days after such request, the subject shall have the right to a fair hearing before the District Court to determine whether the record of the report in the central registry should be amended, sealed, or expunged on the grounds that it is inaccurate or it is being maintained in a manner inconsistent with this subchapter. The CFSA shall be given notice of the hearing. The burden in such a hearing shall be on the CFSA. In such hearings the fact that there was such a finding of child abuse or neglect shall be presumptive evidence that the report was substantiated.
I. Written notice of any amendment, sealing, or expungement made pursuant to the provisions of this chapter shall be given to the subject of such report and to the CFSA. The latter, upon receipt of such notice, shall take similar action regarding such information in its files.
J. Any person who willfully permits or who encourages the release of data or information contained in the central registry to persons not permitted access to such information by this subchapter shall be subject to a civil penalty not in excess of five hundred dollars ($500.00) and any actual damages sustained.
K. The CFSA shall adopt such rules and regulations for the central registry as may be necessary to encourage cooperation with other Nations, states and the National Center on Child Abuse and Neglect.
[NCA 01&ndash126, § 213, approved Aug. 9, 2001.]
Library References
Indians O132. C.J.S. Indians §§ 150, 152, 154 to 176.
Infants O13.5(1). C.J.S. Infants § 116.
Records O30. C.J.S. Records §§ 74, 76, 78, 80, 112.
Westlaw Topic Nos. 209, 211, 326.