§ 12-12-1716 - Adult and Long-term Care Facility Resident Maltreatment Central Registry.

12-12-1716. Adult and Long-term Care Facility Resident Maltreatment Central Registry.

(a) (1) There is established within the Department of Human Services a statewide Adult and Long-term Care Facility Resident Maltreatment Central Registry.

(2) The registry shall contain investigative determinations made by the department on all founded reports of adult maltreatment and long-term care facility resident maltreatment.

(3) An offender's name shall be placed in the registry if:

(A) After notice, the offender does not timely request an administrative hearing; or

(B) Upon completion of the administrative hearing process, the department's investigative determination of founded is upheld.

(4) An offender's name shall remain in the registry unless:

(A) The name is removed under a statute;

(B) The name is removed under a rule; or

(C) The offender prevails upon appeal.

(b) The department may adopt rules necessary to encourage cooperation with other states in exchanging reports to effect a national registry system of adult maltreatment.

(c) (1) The department may charge a reasonable fee not to exceed ten dollars ($10.00) for researching, copying, and mailing records of the investigative files maintained under this subchapter.

(2) The department may also charge a reasonable fee for reproducing copies of tapes and photographs maintained under this subchapter.

(3) No fee may be charged to a nonprofit or volunteer agency that requests a search of the investigative files maintained under this subchapter.

(4) No fee may be charged under this subchapter to a person who is indigent.