Section 148-201-XV - RECONSIDERATION OF FINDINGSubject to specific conditions that follow, an appellant may request reconsideration of a substantiation or indication. The procedures and permitted outcomes are set forth below.
Note: This section does not apply to Out-of-Home Investigations. This section also does not apply to a substantiated or indicated finding that was upheld after an appeal to the Maine Superior Court or the Maine Law Court.
Reconsideration is available only if the finding satisfies one of the conditions in section A, and all of the conditions in section B, below:
A.Reconsideration is Available Only if the Appellant Proves One of the Following:1.Lack of Notice: The substantiation was made after November 1, 2003 or the indication was made after February 28. 2022, the appellant proves that he or she did not receive notice of the finding, the evidence is stale, and the Department's review of its own record suggests reconsideration is appropriate due to risk remediation or change in law or policy per subsections 3 and 4 herein; or2.Jeopardy Not Reached: The finding was ineligible for appeal because of a proceeding in District Court and no finding of jeopardy was made prior to the court dismissing the case; or3.Risk Remediated: After the finding was made, the appellant successfully engaged with prevention and intervention services, such that there was no filing of a petition for child protection order in court, and the Department closed its case because the appellant remediated the risks originally identified; or4.Substantial Change in Law or Policy: After the finding was made, there was a substantial change in an area of law or the Department's policy, and the finding would not have been made by the Department, had the assessment taken place under the current law or policy; or5.Extraordinary Cases Post-Adoption: The finding pertained to a child with special needs re-entering the Department's custody post-adoption, in order to ensure the safety of family members in the home.B.In Addition, Reconsideration is Limited to Those Cases in Which All of the Following Conditions are Satisfied:1.Collateral Consequences: The appellant is experiencing collateral consequences as defined in these rules; and2.Three Years Have Passed: Reconsideration may be requested no sooner than three (3) years after the date of the appellant's receipt of notice of the finding.C.Limit of One Opportunity: An appellant shall have no more than one opportunity to obtain a review under this section for each finding. In cases with multiple findings the Department may, in its discretion, consolidate the review process.D.Standard and Burden of Proof: The appellant seeking reconsideration has the burden of proving the required facts by clear and convincing evidence.E.Manner of Review: Reconsideration shall consist of a paper review as defined in these rules. The decision of the reviewer, as approved by that reviewer's supervisor, is final. The appellant is not eligible for an administrative hearing if the finding is upheld at the paper review.F.Permitted Outcomes: If the appellant satisfies his or her burden of proof under this section, the Department shall make a new record of the matter as a reconsidered finding. The Department's record shall show one of the following: 1. The finding was reconsidered and overturned because the finding was made after November 1, 2003, the appellant did not receive notice of the finding, the evidence is stale, and the Department's review of its own record suggests reconsideration is appropriate due to risk remediation or change in law or policy; or2. The finding was reconsidered and overturned because the appellant has made demonstrable changes so that he or she no longer poses a threat of abuse or neglect to any child; or3. The finding was reconsidered and overturned due to substantial change in law or the Department's policy, and the finding would not have been made had the assessment taken place under the current law or policy; or4. The finding was reconsidered and overturned due to a child with special needs re-entering the Department's custody post-adoption, in order to ensure the safety of family members in the home; and the appellant does not present a threat of abuse or neglect to any child.G.Child Protection History Checks: When a finding was reconsidered and overturned, the Department will not disclose information about the finding (unless such disclosure is specifically requested for a purpose benefitting the appellant and the Department receives a release signed by the appellant or such disclosure is required by court order).10-148 C.M.R. ch. 201, § XV