Child abuse information index

1. The child abuse information index is comprised of three child protection tiers. The highest child protection tier is comprised of the most severe form of maltreatment with the lowest tier consisting of the least severe form of maltreatment. The department shall assign each subject with a confirmed or confirmed with unknown subject determination a child protection tier in correlation with the maltreatment determination. a. Child protection tier 1. Subjects determined to have abused or neglected a child for any of the following maltreatment determinations shall remain on the child abuse information index for a period of twenty-five years: (1) Physical abuse resulting in death of a child; (2) Neglect resulting in death of a child; (3) Sexual abuse; (4) Physical abuse or neglect resulting in near death of a child; (5) Physical abuse or neglect resulting in bodily injury that created a substantial risk of death, or caused serious permanent disfigurement, unconsciousness, extreme pain, permanent loss or impairment of the function of any bodily member or organ, a bone fracture, or impediment of air flow or blood flow to the brain or lungs; or (6) Physical abuse or neglect resulting in substantial temporary disfigurement, loss, or impairment of the function of any bodily member or organ. b. Child protection tier 2. Subjects determined to have abused or neglected a child for any of the following maltreatment determinations shall remain on the child abuse information index for a period of seven years: (1) Physical abuse or neglect resulting in any impairment of physical condition, including physical pain; (2) Neglect impacting the child's physical, mental, or emotional health; (3) Neglect resulting in environmental exposure to, ingestion of, inhalation of, or contact with a controlled substance, chemical substance, or drug paraphernalia as prohibited by North Dakota Century Code section 19-03.1-22.2; or (4) Neglect resulting in prenatal exposure to alcohol misuse or any controlled substance in a manner not lawfully prescribed by a practitioner. c. Child protection tier 3. Child protection tier 3 consists of all other confirmed reports of child abuse and neglect, excluding educational neglect, that do not meet child protection tier 1 or tier 2 criteria. Subjects determined to have abused or neglected a child for any remaining form of maltreatment shall remain on the child abuse information index for a period of three years. 2. If two or more forms of maltreatment are found to occur on a confirmed determination, the department shall place the subject on the child abuse information index for the highest applicable child protection tier. 3. The department shall remove the subject from the child abuse information index after the child protection term of years has expired for a confirmed or confirmed with an unknown determination in correlation with the maltreatment determination.