DCF: 22-12-2

Policy Manual
 
Substantiation Hearings
 
Introduction
 
22-12-2
 
Policy
 
The Administrative Hearings Unit shall conduct Substantiation Hearings.   An internal review of the case shall be conducted by the Bureau of Child Welfare and only cases that continue to be contested may be appealed to the Administrative Hearings Unit.
 
NOTICE:  Pursuant to Conn. Gen. Stat. Sec. 17a-101k(i), draft Regulations related to substantiation policy are currently under review. Since this review includes entities outside of the agency, as well as the public, the final version of the Regulations may vary from this Policy. This Policy will be updated when the Regulations are finalized.
 
 
Appellant means a perpetrator of child abuse or neglect or the parent/guardian of a minor who is a perpetrator of child abuse and neglect, and who has requested an appeal of the finding that he/she is responsible for abuse or neglect ,or, the recommendation to place the person on the Central Registry.
 
Child means any person under eighteen (18) years of age.
 
Commissioner means the commissioner of the Department of Children and Families.
 
Department means the Department of Children and Families.
 
Department Records means information created or obtained in connection with the departmentís child protection activities or activities related to a child while in the care or custody of the department, including information in the registry of reports to be maintained by the commissioner pursuant to Conn. Gen. Stat. ß17a-101k.
 
Guardian means the person who has legal responsibility for the care and custody of a minor child pursuant to an order of a court of competent jurisdiction.
 
Hotline means the departmentís centralized intake unit which receives all reports of child abuse or neglect made to the department.
 
Internal Review is the first level of a substantiation appeal in which the Bureau of Child Welfare reviews the information relevant to the case to determine whether the substantiation and the recommendation for placement on the Central Registry is  legally or factually deficient.
 
Person Substantiated as a Perpetrator of Child Abuse or Neglect or Perpetrator means an individual determined by the department to be a person responsible for abuse or neglect.
 
Substantiated means reasonable cause to believe
  • that child abuse or neglect has occurred and
  • a specific person is the perpetrator of a given act of child abuse or neglect.

Persons Who May Request a Substantiation Hearing 
 
Any person who:
  • has been substantiated as a perpetrator of child abuse or neglect whether or not the person has been recommended for placement on the Central Registry
  • is the parent or guardian of a minor who has been substantiated as a perpetrator of child abuse or neglect whether or not the person has been recommended for placement on the Central Registry
and
  • has received notice of the decision of internal review to uphold either the substantiated finding, or, the recommendation for placement on the Central Registry, or        
  • has not received notice of the review results within thirty (30) days of the date the request was received by the department
may request a substantiation hearing. 
 
In any case substantiated prior to May 1, 2000, a person responsible may request a hearing on the substantiation if he or she has not previously been notified of his or her right to a hearing on the substantiation.
 
In any case in which the name of a person substantiated as a person responsible for abuse or neglect was recommended for placement on the Central Registry prior to 12/1/2005, he or she may request a hearing on the Registry recommendation if he or she has not previously been notified of his or her right to a hearing on the Registry recommendation.
 
When to Request a Hearing 
 
If a person substantiated as a perpetrator of child abuse or neglect wishes to request a substantiation hearing, the request must be made by the person or his legal representative, to the Department within thirty (30) days of the personís receiving written notice of the review decision.
 

Connecticut Department of Children and Families         Effective Date: February 22, 2007 (Rev)





Content Last Modified on 7/19/2011 10:30:51 AM