| Policy |
Any
person, or a parent or guardian of a minor
·
who has
been substantiated as a perpetrator of child abuse or neglect, and
·
has
received notice of the decision of the regional office/Hotline review
upholding one or more allegations of child abuse or neglect pursuant to
DCF Policy 34-15-1
may request
a substantiation hearing.
If
the regional office/Hotline fails to complete its review of the
investigation results within sixty days, the appellant
may request a substantiation hearing. |
| Time Frame for Request |
A request for a
substantiation hearing must be made within thirty (30) days of receiving
the written notice of the regional office/Hotline appeal decision |
| Written Request |
A
request for a substantiation hearing shall be made in writing by the
appellant or his/her legal representative and sent to:
Commissioner
Department of Children and Families
505 Hudson Street
Hartford, Connecticut 06106
|
| Stay of Action Pending the
Hearing Decision |
Upon
notification that a person or a parent/guardian of a minor substantiated
as a perpetrator of abuse or neglect has appealed the finding, the
Department shall not disclose that the person is a confirmed perpetrator pending the outcome of the appeal, unless disclosure is
permitted by Conn. Gen. Stat. §17a-28 or §17a-101a thru
§17a-101k, or
as otherwise permitted by law.
The
Department, however, may release any information, as necessary, to take
all appropriate court actions required by law. |
| Referral for Technical
Assistance |
If
the appellant requests technical assistance, he/she shall be referred to
the manager of the Hearings Unit. However,
nothing in this section shall require the Department to provide legal
representation to the person.
The
hearing officer assigned to the hearing shall not provide technical
assistance on the hearing. |
| Deferral of a Request
for a Hearing |
A
request for a substantiation hearing shall be deferred pending disposition
of any civil, probate, criminal court or administrative proceeding
that may result in a finding by the court that the appellant has
committed the act of child abuse or neglect that is the subject of the
substantiation. It
shall be the appellant’s responsibility to notify the Department that
the court matter is no longer pending and that the appellant would like to
proceed with the appeal.
If
the appellant does not notify the Department within three years of the
deferral of the case, the allegations shall appear on the Central Registry
as substantiated. |
| Denial of a Request for
a Hearing |
A request for a substantiation hearing shall be
denied by the Department when a criminal, civil, probate court or
administrative proceeding has resulted in a finding that the perpetrator has committed
the act of child abuse or neglect that is the subject of the
substantiation.
|
