| Policy |
The
Department shall give notice of the results of the investigation to all
persons alleged to be perpetrators of child abuse or neglect.
If
the alleged perpetrator is a minor, then notice shall be given to the
minor and the minors parent(s) or guardian(s). |
| Notice |
The
regional office or Hotline, whichever is responsible for the abuse or
neglect investigation, shall notify, by first class mail
·
the
parent(s) or guardian(s) of any victim of child abuse or neglect and
·
the
person or the parent(s) or guardian(s) of any minor substantiated as a
perpetrator of child abuse or neglect
of
the substantiation within thirty (30) days of the completion of the
investigation. |
| Notice Content |
The
notice shall advise the person
·
of the
allegations that were investigated
·
the names
of the child(ren) involved in the investigation
·
the date
(or timeframe) the abuse or neglect occurred
·
whether the
allegation of abuse or neglect was substantiated or not substantiated, and
·
how
to appeal if the perpetrator disagrees with the substantiation.
|
| Notice by Third Parties |
Any person or agency that denies employment or
licensing to another person based on the results of a search of the
Departments records shall inform the person that he/she is listed as a
substantiated perpetrator of child abuse or neglect. |
| Individuals
Eligible to Appeal Investigation Results |
Any person or the parent or guardian of a minor
who has been substantiated as a perpetrator of child abuse or neglect and
disagrees with the substantiation shall be entitled to appeal the
finding. |
| Requesting a
Review of Investigation Results |
In
order to appeal a substantiation a request must be sent
·
in writing
·
by the
person or the parent or guardian of a minor who has been substantiated as
a perpetrator or his/her legal representative
·
to the
Regional Administrator or Director of Hotline, as appropriate, and
·
within
sixty (60) days of the date on the Notification of Investigation
Results,
DCF-2210.
|
| Prior Substantiation |
Individuals
who were substantiated as perpetrators of child abuse or neglect prior to May 1, 2000, may not appeal the finding unless the substantiation directly
results in the denial of employment, licensure, or other similar benefit.
The
appeal must then be requested, in writing, within sixty (60) days of the
denial of employment, licensure, or other similar benefit. |
| Deferral of Regional Review |
A
regional/Hotline review may be deferred (use DCF-2213) 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 appellants 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 Regional Review |
A
A request for a regional/Hotline review shall be denied (use DCF-2214)
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.
|
| Regional
Office/Hotline Review of Investigation Results |
Upon
receipt of a request for an appeal of a substantiation finding, the
Regional Administrator/Director of the Hotline or his/her designee shall
have sixty (60) days to complete a review of the case record and
determine whether the facts found in the course of the investigation
support the substantiation finding.
The
Regional Administrator/Director of the Hotline, or his/her designee shall
inform the appellant, by certified mail, of the results of the regional
office/Hotline review within thirty (30) days of the decision.
|
| Regional Review
Upholding
Investigation Results |
If the regional office/Hotline review determines
that the substantiation was supported by the facts found in the course of
the investigation, the regional office/Hotline shall inform the person of
his/her right to request an administrative hearing using the
Notification of Investigation Review Results, (DCF-2212-A). Cross-Reference:
22-12-1 through 22-12-8, "Substantiation
Hearings"
|
| Regional
Review Reversing Investigation Results |
If
the regional office/Hotline review determines that the substantiation was
not supported by the facts found in the course of the investigation, the
Regional Administrator/Hotline Director or his/her designee shall
·
notify
the person that the substantiation has been reversed using Notification
of Investigation Review Results, (DCF-2212-B)
· make
appropriate corrections to the Departments records, and
·
advise
the parent/guardian of the child involved in the incident of the reversal.
|
| Disclosure of Perpetrator Information |
The
name of a person substantiated as perpetrator of child abuse or neglect
may be disclosed outside the Department for employment/license/volunteer
screening purposes or as otherwise permitted by law.
Legal
Reference:
·
Conn.
Gen. Stat. §17a- 28, §17a-101a
thru §17a-101k.
|
| Prohibition
Against Disclosure Pending Resolution |
Upon
notification that a person or parent/guardian of a child 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 permitted by law.
|
| Documentation |
Copies of all
letters, notices and reviews shall be maintained in the case record.
|