Section 465 IAC 3-2-1 - Administrative review of a substantiated report of child abuse or neglectAuthority: IC 31-33-26-13
Affected: IC 31-33-26-8; IC 31-33-26-13
Sec. 1.
(a) Except as provided in subsection (b) or (c) or section 4 of this rule, any person who has been notified that a substantiated report of child abuse or neglect identified the person as a perpetrator, and that the person has been entered into the child protection index, on or after October 15, 2006, may submit a request for an administrative review of the substantiated report as provided in this section.(b) If the alleged perpetrator is a child care worker or licensed foster parent, the department will complete an administrative review prior to approving the substantiation of any allegation, as provided in section 2 of this rule.(c) If the perpetrator is a department employee, the department will complete an administrative review, as provided in section 3 of this rule.(d) A person identified as a perpetrator who:(1) is not described in subsection (b) or (c); and(2) has been notified of an approved substantiated report; may submit to the department, within fifteen (15) days after service of the notice, a request for administrative review of the determination. The request must be submitted in writing and contain the information specified in the notice.(e) If the person identified as a perpetrator is a child, a request for an administrative review must be made by one (1) of the following:(1) A parent of the child.(2) A legal guardian for the child.(3) An attorney for the child who has been authorized in writing by the: (A) child's parent or legal guardian; or(B) department if the child has no living parent or legal guardian and is a ward of the department; to represent the child in proceedings under this article.(4) A guardian ad litem or court appointed special advocate (CASA) for the child, who has been appointed by a court.(f) The person identified as a perpetrator may submit with the written request information or documents for consideration in the administrative review. However, the person may not attend the review.(g) The review shall be conducted by a department employee who: (1) was not involved with the assessment of the allegations or with the preparation of the assessment report; and(2) is selected in accordance with department policy.(h) The department will notify the appellant in writing of the outcome of the review. The review shall determine one (1) of the following possible outcomes: (1) Affirmance of the approved substantiated report.(2) A directive to change the report determination from substantiated to unsubstantiated for any allegation of child abuse or neglect concerning the alleged perpetrator who submitted the request for administrative review.(3) A directive to reopen the assessment in order to obtain additional information and prepare a new report.(i) For purposes of IC 31-33-26-8(c), a request for administrative review submitted under subsection (d) shall be deemed to be a timely request for an administrative hearing, subject to compliance with 465 IAC 3-3-3.Department of Child Services; 465 IAC 3-2-1; filed Nov 14, 2012, 12:46 p.m.: 20121212-IR-465120404FRAReadopted filed 9/4/2018, 2:31 p.m.: 20181003-IR-465180321RFA