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Policy Manual
ADMINISTRATIVE HEARINGS
Substantiation Hearings

22-12-7
Conduct of Substantiation Hearings

Role of the Hearing Officer

The Hearing Officer shall

  •   conduct the substantiation hearing

  •   have the power to administer oaths and affirmations

  •   subpoena witnesses

  •   require the production of

    records

    physical evidence

    papers and documents

  • have the final authority to limit witnesses and take any other necessary actions that will facilitate the hearing process.
Pre-Hearing Discovery No pre-hearing discovery shall be permitted except for the opportunity to inspect and copy relevant and material records, papers and documents.
Department's Investigative Record The department’s investigative record including the investigation protocol, medical records and other materials used to substantiate abuse or neglect shall be admitted as part of the hearing record.
Oral or Documentary Evidence

Any oral or documentary evidence may be received, provided

·      the hearing officer shall

·        limit or exclude any evidence which is irrelevant, immaterial or unduly repetitious

·        recognize the rules of privilege governing confidential, professional
      communications

·       when a hearing will be expedited and the interests of the parties will not be
      prejudiced substantially, any part of the evidence may be received in written form

·      documentary evidence may be received in the form of copies or excerpts, if the
     original is not readily available, and, upon request, parties shall be given an
     opportunity to compare the copy with the original

·      notice may be taken of generally recognized technical or scientific facts within
      common knowledge or the agency’s specialized knowledge

·   ·    parties shall be notified in a timely manner of any material noticed, including any
      agency memoranda or data, and they shall be afforded an opportunity to contest
      the material so noticed

·      the agency’s experience, technical compliance and specialized knowledge may
     be used in the evaluation of the evidence

·     all parties and their attorneys shall be permitted to examine all records and
     documents introduced by the parties to the hearing 

·      a party may present evidence and argument in support of his position on all issues
      involved and cross-examine witnesses presented by the opposing party or
       parties.
Recording the Hearing The full proceedings of substantiation hearings shall be audio recorded.
Burden of Proof The burden of proof shall be on the department.
Issue for Review The issue for review in the substantiation hearing shall be whether the department’s substantiation of the complainant as a perpetrator of child abuse or neglect is supported by a fair preponderance of the evidence.
Period of Review The hearing shall be limited to the evidence available to the department at the time the substantiation of child abuse or neglect was made.  A party may be permitted to introduce additional evidence if the hearing officer finds, after an offer of proof, that the additional evidence was not available to the party at the time the substantiation of child abuse or neglect was made, is relevant and material and the introduction of such evidence will promote the interests of justice.
Testimony of Child The abused or neglected child who is the subject of the substantiation shall not testify in a substantiation hearing.

Connecticut Department of Children                                                                         Effective Date:  May 1, 2000 (New)