Persons Substantiated for Child Abuse/Neglect
May I challenge a substantiation?
What if I don’t request a review?
If you don’t request a review within the time allowed, your name will be added to the Registry, the department’s decision will be final, and you’ll have no further right of review2. If you already have a registry record, it will remain.
What happens if I request a review of a substantiation?
The review will be conducted by an independent reviewer. Before it takes place, you will be provided:
What happens after the review?
The reviewer may:
You’ll be notified of the decision. If the reviewer upholds the substantiation:
Is a registry record permanent?
You may request a review to have your registry record expunged (removed) after it has been listed:
For at least three (3) years if:
For at least seven (7) years if:
What happens if I request a review to have my record expunged?
You’ll be given the chance to present evidence and witnesses that support your request for removal. You have the burden of proving that a reasonable person would believe you no longer present a risk to the safety or well-being of children.
The Commissioner will consider:
You will be notified of the Commissioner’s decision. If your request is denied, you may appeal the decision to the Human Services Board.
How do I request a review?
Vermont Department for Children and Families
1.The Commissioner has the right to immediately enter a person's name into the Registry in cases involving sexual abuse or serious physical abuse.
2.The Commissioner may grant a waiver and permit a review beyond the given time for “good cause”. This may include an acquittal or dismissal of a criminal charge arising from the incident of abuse or neglect.