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Chapter 22-12-5: Scheduling Substantiation Hearings
The substantiation hearing shall be scheduled within thirty (30) calendar days of the date the request is received by 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.
Date, Time and Location of Hearing
The Administrative Hearings Unit shall designate the location, time and date of the hearing.
Notice of the substantiation hearing shall be given to the
- appellant or his/her representative
- investigative social worker
- DCF Office of Legal Affairs
Notice shall be mailed to the appellant at least thirty (30) days before the date of the hearing.
The notice shall conform to C.G.S. §4-177 and shall contain
- a statement of the time, place and nature of the hearing
- a statement of the legal authority and jurisdiction under which the hearing is to be held
- a reference to the particular sections of the statutes and regulations involved, and
- a short and plain statement of the matters asserted.
Note: the Investigations Protocol shall be provided to the appellant prior to the hearing and shall constitute a more definite and detailed statement of the issues involved.
Deferring a Hearing
A request for a substantiation hearing may be deferred pending disposition of any civil, probate, criminal court or administrative proceeding that may result in a finding by the court or administrative tribunal that the appellant has committed the act of child abuse or neglect that is the subject of the substantiation.
If the hearing is deferred, it shall be the appellant’s responsibility to notify the Department that the court or administrative 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.
Postponement of a Hearing
A substantiation hearing may be continued or postponed by the Administrative Hearings Unit for good cause with reasonable notice.
Dismissal of a Hearing
The hearing officer may dismiss a substantiation hearing if the appellant fails to attend a hearing after receiving notice of the hearing.
Consolidation of Hearings
A substantiation hearing may be consolidated with any other administrative hearings involving the appellant at the discretion of the hearing officer.
Effective Date: 01/11/07 (Revised)