§20990 National Registry of Substantiated Cases of Child Abuse

Summary

The Secretary of Health and Human Services, working with the Attorney General, must create a national electronic registry of substantiated child abuse or neglect cases. States and Indian tribes must give the Secretary the data, or a State can choose to have its local governments send it. The registry will list people found to have committed substantiated abuse or neglect, using a standard electronic form set by HHS. The data sent will be limited to the perpetrator’s name and the nature of the substantiated case and must follow clauses (viii) and (ix) of section 5106a(b)(2)(A) of title 42. If a State or tribe already keeps an equivalent electronic register under other law, the information sent should match that register. States, tribes, or local governments are not forced to change existing registers or other records. Only federal, state, tribal, or local government entities or their agents who need the information to protect children may access the registry, and HHS will set rules for sharing the data consistent with the same clauses in title 42. HHS must study whether it is practical to set national data collection standards and report on costs and benefits, current State/tribal standards, model practices to consider, and a due process procedure. Not later than 1 year after July 27, 2006, the Secretary of Homeland Security must send a report with those findings to the House and Senate Judiciary Committees, the Senate Committee on Health, Education, Labor and Pensions, and the House Committee on Education and the Workforce. Up to $500,000 is authorized for fiscal years 2006 and 2007 to do the study.