La. Admin. Code tit. 67 § V-1111

Current through Register Vol. 50, No. 3, March 20, 2024

Section V-1111 - Child Protective Services Administrative Appeal

A. The Department of Children and Family Services (DCFS) establishes an administrative appeal process with the Division of Administrative Law (DAL). The purpose is to provide individuals the right to appeal DCFS Child Protective Services investigation findings of justified/valid. Any individual with a justified/valid finding of child abuse or neglect may request an appeal of their justified/valid finding directly with DAL.

B. Individuals with justified/valid findings in an investigation prior to August 1, 2018, will have the right to an administrative appeal of any/all of their DCFS findings of justified/valid. When a request for an SCR clearance is received by DCFS, or DCFS verifies that an individual has a justified/valid finding, and the individual is listed as a perpetrator with a justified/valid finding of abuse or neglect in an investigation prior to August 1, 2018; the individual will be notified in writing of their right to an administrative appeal. The individual will have 20 days from the date of the written notification to request an appeal through DAL.

C. Any individual notified of a DCFS justified/valid finding in an investigation subsequent to August 1, 2018, will have the right to an administrative appeal of any/all of their DCFS findings of justified/valid. The individual will have 20 days from the date of the written notification to request an appeal through the DAL.

D. When DCFS receives a request for an SCR clearance on an individual who is a prospective or current employee in a licensed/registered child care setting by the Louisiana Department of Education, a current or prospective employee of an Office of Juvenile Justice juvenile facility, a current or prospective employee in a specialized provider, juvenile detention facility provider licensed by DCFS; or, a current or prospective employee of DCFS in a position whose duties include the investigation of child abuse or neglect, supervisory or disciplinary authority over children, direct care of a child, or performance of licensing surveys, they may request an expedited appeal. A request for an expedited appeal shall be submitted to DAL within 10 days of the date of the written notification. If the appeal is not submitted within the 10 days, the individual has 20 days from the date of the written notification to request a non-expedited appeal through DAL.

E. The appeal request, whether expedited or not expedited, shall include the DCFS written notification of their justified/valid determination. If no request for an appeal is timely submitted and confirmed by DAL, the individuals right to an administrative appeal is exhausted. DAL will provide notice of the filing of an appeal to the individual requesting an administrative appeal and DCFS.

F. The following provisions shall be applicable to all proceedings related to an administrative appeal request.

1. The administrative appeal hearing will be held in the DCFS region or parish where the justified/valid finding occurred, or in a location designated and agreed upon by all parties and DAL for convenience and accessibility, or as ordered by DAL.

2. Pursuant to R.S. 46:56, all proceedings related to an administrative appeal requested pursuant to this section shall be closed to the public.

3. Information that is contained in the record that is considered confidential pursuant to R.S. 46:56 shall not be released to the public.

4. Any relevant records and/or reports in individual cases may be released to parties, their counsel, or other legal representative upon the issuance of a discovery order signed by the administrative law judge assigned to the case. Under no circumstances shall any information that could identify the reporter of the abuse or neglect or any other non-discoverable information be released for discovery.

5. DCFS will bear the burden of proving by a preponderance of the evidence that the finding of justified/valid should be upheld.

G. When DCFS is notified by the DAL of an appeal decision to overturn an investigation finding, the department will modify the departments records to reflect the decision for each investigation finding overturned. DCFS will notify the individual of the new finding and the departments action as a result of the appeal decision(s). This notification shall include information on the maintenance period on the SCR and/or the state repository.

H. DAL notification that the justified/valid findings are upheld shall result in the individual being recorded as a perpetrator of abuse or neglect with a justified/valid finding, and; if the determination meets the criteria for a tier 1, 2, or 3 finding, the individuals name shall be listed on the SCR.

I. An individuals right to appeal is exhausted in the following circumstances:

1. the individual does not request an administrative appeal with DAL within 20 days of the date of the written notification of their right to appeal the DCFS determination;

2. the individual timely requests an administrative appeal with DAL, an appeal hearing is held and a written decision is rendered by DAL; or

3. the individual withdraws their appeal request.

J. Except as otherwise authorized by law, DCFS will not disclose the individual is listed on the SCR as a perpetrator of child abuse or neglect until their right to an administrative appeal is exhausted, and at least one justified/valid finding has been upheld that meets the criteria for a tier 1, 2, or 3 finding.

K. Within 30 calendar days after the mailing date listed on the notice of final decision by DAL, or if a rehearing is requested, within 30 calendar days after the date of the decision thereon, a party may obtain judicial review by filing a petition for review of the decision in the Nineteenth Judicial District Court or the district court of the domicile of the individual.

La. Admin. Code tit. 67, § V-1111

Promulgated by the Department of Children and Family Services, Division of Child Welfare, LR 441002 (6/1/2018), effective 7/1/2018, Amended LR 45218 (2/1/2019), Amended LR 451053 (8/1/2019).

AUTHORITY NOTE: Promulgated in accordance with Act 348 of 2017 and Childrens Code Article 616.1.1., and 42 USC 9858f.