Section 465 IAC 3-2-2 - Administrative review procedure for child care workers and licensed foster parentsAuthority: IC 31-33-26-13
Affected: IC 31-33-26
Sec. 2.
(a) A child care worker or licensed foster parent who is: (1) named as a perpetrator in a report of child abuse or neglect; and(2) not a department employee; shall be notified of an automatic administrative review in the form of a child care worker assessment review (CCWAR) prior to department approval of a substantiated report.
(b) The administrative review process described in this section is applicable to a child care worker or licensed foster parent, whether or not the allegation concerns acts or omissions within the scope of the individual's:(1) employment as a child care worker; or(2) responsibilities as a foster parent of a child.(c) If:(1) an individual who is the subject of an assessment of reported child abuse or neglect is a child care worker or licensed foster parent; and(2) either the: (A) assessment concerns acts or omissions by the individual identified as a perpetrator that are not related to the individual's employment as a child care worker or foster care of a child; or(B) department is not informed, as shown in the proposed assessment report, that the individual is currently employed as a child care worker or is a licensed foster parent; the individual must inform the department local office that he or she is a child care worker or licensed foster parent in order to receive a CCWAR under this section.
(d) A CCWAR meeting shall be scheduled and held within fifteen (15) business days of the date of service by the department of notice to the alleged perpetrator informing the individual of the proposed substantiated determination.(e) An alleged perpetrator who is a child care worker or licensed foster parent may personally attend and participate in a CCWAR meeting.(f) The CCWAR meeting will be held whether or not the alleged perpetrator attends the meeting unless, prior to the scheduled meeting, the alleged perpetrator requests a continuance. A continuance for not more than fifteen (15) calendar days after the date of the originally scheduled CCWAR may be granted if the:(1) appointed reviewer receives a written request for a continuance from the alleged perpetrator before the date scheduled for the meeting; and(2) continuance will not endanger the health or safety of a child.(g) The CCWAR meeting is an informational meeting only. No official recording will be made of the meeting.(h) At the CCWAR meeting, the alleged perpetrator shall have the opportunity to present information to assist the reviewer in arriving at a decision.(i) The child care worker or licensed foster parent alleged perpetrator has the right to have an attorney or other representative present at the CCWAR meeting. The attorney or other representative may assist the alleged perpetrator in presenting information to the reviewer. No witness testimony will be received at the CCWAR meeting.(j) The CCWAR 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.(k) The CCWAR shall determine one (1) of the following possible outcomes:(1) Authorization to approve the proposed substantiated determination.(2) A decision that the proposed determination be changed from substantiated to unsubstantiated for any allegation of child abuse or neglect, as applied to the alleged perpetrator for whom the CCWAR was conducted under this section.(3) A directive to reopen the assessment to obtain additional information and prepare a revised report.(l) The department will: (1) notify the alleged perpetrator in writing of the CCWAR finding; and(2) if the finding authorized approval of the proposed substantiated report, provide information in the notice of the right to request an administrative hearing, and the time and procedure for submitting a request for hearing under 465 IAC 3-3-3.(m) If the CCWAR results in an approved substantiated report, the department may notify the child care worker's employer or prospective employer known to the department. The department shall notify the employer within two (2) business days, if the CCWAR reviewer concludes that the health or safety of a child will be potentially endangered if the child care worker has continuing unsupervised contact with children.Department of Child Services; 465 IAC 3-2-2; filed Nov 14, 2012, 12:46 p.m.: 20121212-IR-465120404FRAReadopted filed 9/4/2018, 2:31 p.m.: 20181003-IR-465180321RFA