465 IAC 3-2-1 - Administrative review of a substantiated report of child abuse or neglect
Authority: IC 31-33-26-13
Affected: IC 31-33-26-8; IC 31-33-26-13
Sec. 1.
(a) Except as
provided in subsection (b) or (c) or section 4 of this rule, any person who has
been notified that a substantiated report of child abuse or neglect identified
the person as a perpetrator, and that the person has been entered into the
child protection index, on or after October 15, 2006, may submit a request for
an administrative review of the substantiated report as provided in this
section.
(b) If the alleged
perpetrator is a child care worker or licensed foster parent, the department
will complete an administrative review prior to approving the substantiation of
any allegation, as provided in section 2 of this rule.
(c) If the perpetrator is a department
employee, the department will complete an administrative review, as provided in
section 3 of this rule.
(d) A
person identified as a perpetrator who:
(1) is
not described in subsection (b) or (c); and
(2) has been notified of an approved
substantiated report; may submit to the department, within fifteen (15) days
after service of the notice, a request for administrative review of the
determination. The request must be submitted in writing and contain the
information specified in the notice.
(e) If the person identified as a perpetrator
is a child, a request for an administrative review must be made by one (1) of
the following:
(1) A parent of the
child.
(2) A legal guardian for the
child.
(3) An attorney for the
child who has been authorized in writing by the:
(A) child's parent or legal guardian;
or
(B) department if the child has
no living parent or legal guardian and is a ward of the department; to
represent the child in proceedings under this article.
(4) A guardian ad litem or court appointed
special advocate (CASA) for the child, who has been appointed by a
court.
(f) The person
identified as a perpetrator may submit with the written request information or
documents for consideration in the administrative review. However, the person
may not attend the review.
(g) The
review 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.
(h) The
department will notify the appellant in writing of the outcome of the review.
The review shall determine one (1) of the following possible outcomes:
(1) Affirmance of the approved substantiated
report.
(2) A directive to change
the report determination from substantiated to unsubstantiated for any
allegation of child abuse or neglect concerning the alleged perpetrator who
submitted the request for administrative review.
(3) A directive to reopen the assessment in
order to obtain additional information and prepare a new report.
(i) For purposes of IC
31-33-26-8(c), a request for administrative review submitted under subsection
(d) shall be deemed to be a timely request for an administrative hearing,
subject to compliance with
465 IAC 3-3-3.
Notes
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