ยง 12-18-702 - Investigative determination.
12-18-702. Investigative determination.
Upon completion of an investigation under this chapter, the Department of Human Services shall determine whether the allegations of child maltreatment are:
(1) (A) Unsubstantiated.
(B) An unsubstantiated determination shall be entered when the allegation is not supported by a preponderance of the evidence;
(2) (A) True.
(B) A true determination shall be entered when the allegation is supported by a preponderance of the evidence.
(C) A determination of true but exempted, which means that the offender's name shall not be placed in the Child Maltreatment Central Registry, shall be entered if:
(i) A parent practicing his or her religious beliefs does not, for that reason alone, provide medical treatment for a child, but in lieu of treatment the child is being furnished with treatment by spiritual means alone, through prayer, in accordance with a recognized religious method of healing by an accredited practitioner;
(ii) The offender is an underaged juvenile aggressor; or
(iii) The report was true for neglect as defined under 12-18-103(13)(B); or
(3) (A) Inactive.
(B) If the investigation cannot be completed, the investigation shall be determined incomplete and placed in inactive status.
Upon completion of an investigation under this chapter, the Department of Human Services shall determine whether the allegations of child maltreatment are:
(1) (A) Unsubstantiated.
(B) An unsubstantiated determination shall be entered when the allegation is not supported by a preponderance of the evidence;
(2) (A) True.
(B) A true determination shall be entered when the allegation is supported by a preponderance of the evidence.
(C) A determination of true but exempted, which means that the offender's name shall not be placed in the Child Maltreatment Central Registry, shall be entered if:
(i) A parent practicing his or her religious beliefs does not, for that reason alone, provide medical treatment for a child, but in lieu of treatment the child is being furnished with treatment by spiritual means alone, through prayer, in accordance with a recognized religious method of healing by an accredited practitioner;
(ii) The offender is an underaged juvenile aggressor; or
(iii) The report was true for neglect as defined under 12-18-103(13)(B); or
(3) (A) Inactive.
(B) If the investigation cannot be completed, the investigation shall be determined incomplete and placed in inactive status.