Scope Of Rules

(1) These Rules establish procedures to review substantiated cases and to release the identity and other related information of a perpetrator in substantiated reports of any form of abuse or neglect. (2) A release pursuant to these Rules shall be for purposes of protecting children from any form of child abuse or neglect and for purposes directly connected with the administration of T.C.A. §§ 37-1-401 et seq., 37-1-601 et seq., 49-1-1101 et seq., and 71-3-501 et seq. (3) These Rules shall not apply when the Department intends to release or has released records or information related to child abuse or neglect to any of the following: (a) Any state or federal law enforcement agency investigating a report of known or suspected child abuse or neglect or any crimes involving children; (b) Any state District Attorney, Attorney General, or United States Attorney or their authorized assistant involved in investigating or prosecuting crimes against children; (c) Any state or federal grand jury by subpoena or presentation of evidence by the District Attorney or United States Attorney to such grand jury; (d) Treatment professionals treating the child, his or her family, or the perpetrator; (e) Department employees for purposes consistent with enforcement of the child abuse and neglect or child welfare licensing laws, including disclosure to other individuals for authorized purposes; CLASSIFICATION AND REVIEW OF REPORTS OF CHILD CHAPTER 0250-07-09 ABUSE/NEGLECT AND DUE PROCESS PROCEDURES FOR RELEASE OF CHILD ABUSE/NEGLECT RECORDS (f) Any state or federal social service or other agency investigating cases of child abuse or neglect or providing treatment or care for alleged or known victims of child abuse or neglect; (g) Any court official, probation counselor, parole officer, designated employee of any Department of Correction or other similarly situated individual charged with preparing information to be presented in any administrative or judicial proceeding concerning any individual charged with or convicted of any offense involving child abuse, child sexual abuse, or neglect; (h) The court, administrative board or hearing, the officials or employees thereof in the performance of their duties, the parties, or their legal representatives in any judicial or administrative proceeding or before any board or hearing officer for the purpose of protecting a child or children from any form of abuse or neglect, except when such court, administrative hearing, board, or hearing officer, other than the Department, is adjudicating a case affecting the perpetrator’s ability to remain or become employed or licensed, in which situation such information shall be released only by order of the court or hearing officer; (i) The Department of Education and the Department of Human Services pursuant to T.C.A. §§ 37-5-512(a)(2) and (3) (2016 and as amended) regarding an individual who is the subject of an ongoing or completed investigation; (j) A foster care agency contractor to determine if an individual is a suitable placement for a DCS custodial child; (k) The Department of Intellectual and Developmental Disabilities, the Department of Mental Health and Substance Abuse Services, or any other department of state government with whom the Department has developed an appropriate Memorandum of Understanding; (l) An agency for the purposes of complying with the Department’s employee and contractor background check policies; (m) An adoption and child placing agency for the purpose of complying with Hague Accreditation Standards; (n) An out-of-state entity for the purpose of complying with Adam Walsh Child Protection and Safety Act or other applicable federal or state law; (o) An out-of-state entity for the purpose of determining whether a placement is suitable for a child pursuant to the Interstate Compact for the Placement of Children; (p) An agency for the purposes of determining whether a kinship care placement is appropriate; or (q) Any agency or entity that is provided access under state or federal law. Authority: T.C.A. §§ 4-5-226(b)(2), 37-1-409, 37-1-612, 37-1-616, 37-5-101, 37-5-105, 37-5-106, 37-5- 107, 37-5-112, 37-5-112(a), and 37-5-512(a). Administrative History: Original rule filed September 13, 1988; effective October 28, 1988. Rule assigned a new control number, removed and renumbered from 1240-7-9-.10 filed and effective March 25, 1999. Repeal and new rule filed September 11, 2006; effective November 25, 2006. Emergency rule filed July 19, 2013; effective through January 15, 2014. On January CLASSIFICATION AND REVIEW OF REPORTS OF CHILD CHAPTER 0250-07-09 ABUSE/NEGLECT AND DUE PROCESS PROCEDURES FOR RELEASE OF CHILD ABUSE/NEGLECT RECORDS 16, 2014, the rule reverted to its previous status. Amendments filed October 6, 2017; effective January 4, 2018. 0250-07-09-.03. RELEASE TO COVERED EDUCATIONAL ENTITIES. (1) This Rule shall apply only to child abuse and neglect investigation information mandated by T.C.A. § 49-5-413(e) (2016 and as amended) to be released to Covered Educational Entities relative to a Covered Individual, in which case this rule’s procedures apply notwithstanding any language to the contrary contained elsewhere within these rules. (2) The Department shall offer the due process procedures set out in Rule 0250-07-09-.05(1), including the opportunity for a hearing pursuant to Rule 0250-07-09-.09, to any Covered Individual who has ever been found by the Department to have committed any form of child abuse or neglect and who has not previously waived or exhausted his or her due process rights to a hearing. When the Covered Individual’s due process rights have been waived or fully concluded, the Department shall disclose its final finding to any relevant Covered Educational Entity. (3) In the case of any Covered Individual whose investigation has not been concluded or any Covered Individual whose due process rights have not yet been offered or are otherwise pending, the Department shall conduct an emergency file review pursuant to Rule 0250-07- 09-.08. If the emergency file review results in a finding that the Covered Individual poses an immediate threat to the health, safety, or welfare of children, the Department shall disclose that threat to the relevant Covered Educational Entity. (4) If the Department’s proceedings under these rules have been stayed pursuant to Rule 0250- 07-09-.10 due to pending criminal charges against a Covered Individual, the Department shall notify the Covered Educational Entity of the pending criminal charge.