10-148-201 Me. Code R. § III

Current through 2024-25, June 19, 2024
Section 148-201-III - PROCESS FOR AGENCY FINDINGS
A.Department policy to govern

Except as otherwise provided by statute or by these rules, the Department's policy governs receipt of reports of abuse or neglect, investigation of those reports, assessment of the circumstances of any child and person responsible for a child, and determination to substantiate, indicate, or unsubstantiate allegations.

During an appeal, the paper reviewer, hearing officer, or Commissioner, depending on the stage of the appeal, may consider any deficiencies of the Department's investigation or assessment to determine if such deficiencies rendered untrustworthy any information upon which the Department relied, but the failure of the Department to comply with its policies for investigation or assessment is not cause for reversing a finding.

B.Allowable findings

After an investigation or assessment, the Department may make one or more of the following findings:

1. Unsubstantiated
2. Indicated
3. Substantiated

More than one finding may be made. For example, the Department may determine that a person is "substantiated" for risk of physical abuse to a child but that the same person is "unsubstantiated" for risk of sexual abuse to a child.

C.Further investigation or assessment

The closing of an investigation or assessment and making of a finding pursuant to paragraph B does not preclude the Department from further investigating or assessing the circumstances of the child, family, or substantiated or indicated person. If the Department obtains new information relating to the original circumstances, or if there is a change in circumstances, the Department may make a new determination pursuant to paragraph B.

10-148 C.M.R. ch. 201, § III