DCF: 22-12-8

Policy Manual
 
Substantiation Hearings
 
Decision and Record of Hearing
 
22-12-8
 
 
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.
 
 
 
Memorandum of Decision 
 
The hearing officer shall prepare the memorandum of decision which shall be mailed within thirty (30) days of the conclusion of the hearing to the
  • Parties or their attorneys
  • Bureau Chief of Child Welfare Services
  • DCF managers and staff involved in the investigation
  • DCF Office of Legal Affairs
  • hearings unit file.
Contents of Memorandum of Decision 
 
The memorandum of decision shall contain:
  • the names of the persons present at the hearing
  • the provisions of law, regulation and policy applicable to the case
  • findings of fact
  • a statement of the reasoning on which the decision is based.
Hearing record 
 
The record shall include:
  • written notices related to the case
  • all petitions, pleadings, motions and intermediate rulings, if any
  • evidence received or considered
  • questions and offers of proof, objections and rulings thereon
  • the official recording of the proceedings
  • the final decision
  • any post-decision pleadings, motions and rulings.
Reversing the Substantiation 
 
If the hearing officer reverses any part of the substantiation decision of the department, the hearing officer shall take the necessary steps to revise the departmentís records to indicate that the appellant is not substantiated as a perpetrator of abuse or neglect for the reversed allegation(s), and does not appear on the Central Registry for the reversed allegation(s).
 
If the hearing officer upholds the substantiation but reverses the recommendation for placement on the Central Registry, the hearing officer shall take the necessary steps to revise the departmentís records to indicate that the appellant is not on the Central Registry.
 
Reconsideration 
 
Any party to the substantiation hearing may, within fifteen days after the personal delivery or mailing of the final decision, file a petition for reconsideration of the decision on the ground that:
  • An error of fact or law should be corrected;
  • new evidence has been discovered which materially affects the merits of the case and which for good reasons was not presented in the agency proceeding; or
  • there is other good cause for reconsideration.
Petitions for reconsideration shall be directed to the Commissioner. The Commissioner, or her designee, shall, within twenty-five days decide whether to reconsider the final decision. The failure of the agency to make that determination within twenty-five days of such filing shall constitute a denial of the petition.
 
Within forty days of the personal delivery or mailing of the final decision, the agency, regardless of whether a petition for reconsideration has been filed, may decide to reconsider the final decision.  If the agency decides to reconsider a final decision, a decision on the reconsideration must be issued with ninety (90) days. Failure to issue a reconsidered decision within ninety (90) days shall result in the original final decision becoming the final decision for purposes of appeal.
 
Appeal 
 
An appeal of a substantiation hearing to the Superior Court shall be governed by C.G.S. ß4-183. The filing of an appeal is not, in and of itself, a stay of the decision; however, a party may request a stay from the Commissioner.
 
Connecticut Department of Children and Families       Effective Date: 01/11/07 (Revised)




Content Last Modified on 2/22/2007 8:31:10 AM