16 Del. Admin. Code § 3101-6.0

Current through Register Vol. 28, No. 3, September 1, 2024

Section 3101-6.0 - Removal of a Person from the Adult Abuse Registry

6.1 The Department shall be authorized to remove a person from the Adult Abuse Registry before the expiration of his/her registration period when the Department deems that the person no longer poses a threat to any person receiving care in accordance with 11Del.C.§ 8564(g)

6.2 A person whose name has been placed on the Adult Abuse Registry shall have the right to petition the Division, in writing, for the removal of his/her name from the Registry. Said petitioner must demonstrate:

6.2.1 A minimum of twelve months has passed since his/her placement on the Registry.

6.2.2 Affirmative steps have been taken to correct behavior that led to placement on the Registry, i.e. anger management counseling, druglcohol treatment, sensitivity training, etc.

6.2.3 Demonstrated improved behavior through work references.

6.3 The Division will evaluate the information provided by the petitioner and respond in writing within 60 days of receipt of all information provided by the petitioner. The Division is authorized to grant or deny the removal based on the review of the information presented. If the Division denies the request, the petitioner may request a hearing to appeal the denial, or reapply for the removal after 6 months or when the petitioner can produce evidence of performance of the affirmative steps listed above.

16 Del. Admin. Code § 3101-6.0

5 DE Reg. 1073 (11/1/01)
13 DE Reg. 1314 (04/01/10)