Ariz. Admin. Code § R21-1-501 - Definitions
The following definitions apply to this Article.
1. "Abuse" means the same as A.R.S. §
8-201(2).
2. "Amend the finding" means the same as
A.R.S. §
8-811(L)(1).
3. "Case Record" means the Report of child
abuse and neglect and related records the Department intends to submit at the
hearing, including information from internal and external sources.
4. "Central Registry" means the information
maintained by the Department of substantiated reports of child abuse or neglect
for the purposes of A.R.S. §
8-804.
5. "Completed Investigation" means the case
record and the proposed substantiated finding for the report of child abuse or
neglect have been reviewed and approved by a supervisor and contains all of the
information required to support a finding of proposed substantiation.
6. "Day" means a calendar day.
7. "Department" or "DCS" means the Arizona
Department of Child Safety.
8.
"Ineligibility Letter" means a notice sent from the Department via first class
mail to a person alleged to have committed child abuse or neglect stating that
the person is not entitled to an administrative hearing on the issue for one of
the reasons listed in R21-1-505.
9.
"Initial Notification Letter" means a notice sent from the Department via first
class mail to an alleged perpetrator informing the person of the proposed
finding of child abuse or neglect to be entered in the Central Registry and
describing appeal rights to challenge the proposed finding.
10. "Legally excluded" means that an alleged
perpetrator is not entitled to an administrative hearing under A.R.S. §
8-811,
because:
a. A court or administrative law
judge has made a finding of abuse or neglect based on the same allegations as
in the proposed substantiated finding; or
b. A court has found that a child is
dependent, or has terminated a parent's rights based upon the same allegations
of abuse or neglect as in the proposed substantiated finding.
11. "Neglect" or "neglected" means
the same as A.R.S. §
8-201(24).
12. "Perpetrator" means a person who has
committed child abuse or neglect under the standards required for listing in
the Central Registry.
13. "Probable
Cause" means some credible evidence that abuse or neglect occurred.
14. "Proposed Substantiated Finding" means
the Department has investigated and found probable cause to support an
allegation of abuse or neglect sufficient to place the alleged perpetrator's
name in the Central Registry, subject to the alleged perpetrator's right to
notice and a hearing.
15. "PSRT"
means the Department's Protective Services Review Team, that administers the
process described in A.R.S. §
8-811
for review and appeal of proposed substantiated findings of child abuse or
neglect.
16. "Report For
Investigation" means the same as A.R.S. §
8-201(30).
17. "Substantiated Finding" means a proposed
substantiated finding that:
a. An
administrative law judge found to be true by a probable cause standard of proof
after notice and an administrative hearing and the Department Director accepted
the decision;
b. The alleged
perpetrator did not timely appeal; or
c. The alleged perpetrator was not entitled
to an administrative hearing because the alleged perpetrator was legally
excluded as defined in subsection (11).
Notes
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