9 Del. Admin. Code § 303-10.0

Current through Register Vol. 28, No. 7, January 1, 2025

Section 303-10.0 - Entry on to the Central Child Abuse Registry

10.1 A person found to have committed child abuse or neglect shall be entered on the Central Registry when he or she:

10.1.1 fails to make timely request in writing for a Substantiation Hearing in response to a notice as specified in law and regulation or failed to make a timely written request to appeal a similar notice issued prior to the enactment of this law;

10.1.2 fails to appear at a scheduled Substantiation Hearing without prior approval of the hearing officer or fails to show that good cause existed to postpone the hearing within ten (10) calendar days after the scheduled hearing date of the reason for his or her absence from the hearing;

10.1.3 has been afforded a hearing and the substantiation was upheld;

10.1.4 has been convicted or pled guilty to a criminal offense contained in Subchapters II or V of Chapter 5 of Title 11 including those taken nolo contendere or subsequently discharged or dismissed under a First Offenders program pursuant to10 Del.C. 1024 and the plea or conviction is for the same incident substantiated by the Division;

10.1.5 has been adjudicated delinquent as a juvenile for any of the comparable criminal offenses listed for adults for the same incident investigated by the Division; and

10.1.6 has been substantiated for abuse or neglect at a civil court hearing or administrative hearing at which the minimum standard of proof was preponderance of the evidence for the same incident investigated by the Division.

10.1.7 has been substantiated as provided in 16 Del.C. § 902A(f)(1).

9 Del. Admin. Code § 303-10.0