8-811

8-811. Hearing process; definitions

A. The department shall notify a person who is alleged to have abused or neglected
a child that the department intends to substantiate the allegation in the central
registry pursuant to section 8-804 and of that person's right:

1. To receive a copy of the report containing the allegation.

2. To a hearing before the entry into the central registry pursuant to section
8-802, subsection C, paragraph 9, subdivision (a).

B. The department shall send the notice prescribed in subsection A of this section
by first class mail no more than fourteen days after completion of the investigation.

C. A request for a hearing on the proposed finding must be received by the
department within fourteen days after receipt of the notice.

D. The department shall not disclose any information related to the investigation
of the allegation except as provided in sections 8-802, 8-807 and 13-3620.

E. If a request for a hearing is made pursuant to subsection C of this section, the
department shall conduct a review before the hearing. The department shall provide an
opportunity for the accused person to provide written or verbal information to support
the position that the department should not substantiate the allegation. If the
department determines that there is no probable cause that the accused person engaged in
the alleged conduct, the department shall amend the information or finding in the report
and shall notify the person and a hearing shall not be held.

F. Notwithstanding section 41-1092.03, the notification prescribed in subsection A
of this section shall also state that if the department does not amend the information or
finding in the report as prescribed in subsection E of this section within sixty days
after it receives the request for a hearing the person has a right to a hearing unless:

1. The person is a party in a civil, criminal or administrative proceeding in which
the allegations of abuse or neglect are at issue.

2. A court or administrative law judge has made findings as to the alleged abuse or
neglect.

3. A finding has been made by a court pursuant to section 8-844, subsection C that
a child is dependent based upon an allegation of abuse or neglect.

G. If the department does not amend the information or finding in the report as
prescribed in subsection E of this section, the department shall notify the office of
administrative hearings of the request for a hearing no later than five days after
completion of the review. The department shall forward all records, reports and other
relevant information with the request for hearing within ten days. The department shall
redact the identity of the reporting source before transmitting the information to the
office of administrative hearings.

H. The office of administrative hearings shall hold a hearing pursuant to title 41,
chapter 6, article 10, with the following exceptions:

1. A child who is the victim of or a witness to abuse or neglect is not required to
testify at the hearing.

2. A child's hearsay statement is admissible if the time, content and circumstances
of that statement are sufficiently indicative of its reliability.

3. The identity of the reporting source of the abuse or neglect shall not be
disclosed without the permission of the reporting source.

4. The reporting source is not required to testify.

5. A written statement from the reporting source may be admitted if the time,
content and circumstances of that statement are sufficiently indicative of its
reliability.

6. If the person requesting the hearing fails to appear, the hearing shall be
vacated and a substantiated finding of abuse or neglect shall be entered. On good cause
shown, the hearing may be rescheduled if the request is made within fifteen calendar days
after the date of the notice vacating the hearing for failure to appear.

I. On completion of the presentation of evidence, the administrative law judge
shall determine if probable cause exists to sustain the department's finding that the
parent, guardian or custodian abused or neglected the child. If the administrative law
judge determines that probable cause does not exist to sustain the department's finding,
the administrative law judge shall order the department to amend the information or
finding in the report.

J. When the department is requested to verify pursuant to section 8-807, if the
child protective services central registry contains a substantiated report about a
specific person, the department shall determine if the report was taken after January 1,
1998. If the report was taken after January 1, 1998, the department shall notify the
requestor of the substantiated finding. If the child protective services report was taken
before January 1, 1998, the department shall notify the person of the person's right to
request an administrative hearing. The department shall not send this notification if the
person was a party in a civil, criminal or administrative proceeding in which the
allegations of abuse or neglect were at issue. The provisions of this section shall
apply to the person's appeal.

K. The department shall provide the parent, guardian or custodian who is the
subject of the investigation and the person who reported the suspected child abuse or
neglect if that person is the child's parent, guardian or custodian with a copy of the
outcome of the investigation at one of the following times:

1. If the report is unsubstantiated.

2. If probable cause exists that abuse or neglect has occurred but a specific
person is not identified as having abused or neglected the child.

3. After the time to request a hearing has lapsed pursuant to subsection C of this
section without the department receiving a request for a hearing.

4. After a final administrative decision has been made pursuant to section
41-1092.08.

L. For the purposes of this section:

1. "Amend the finding" means to change the finding from substantiated to
unsubstantiated.

2. "Amend the information" means to change information identifying the accused of
having abused or neglected a child.