Policy Manual
Investigation Results and Reviews
Case Disposition
34-15-1
Policy
The Department shall notify all persons alleged to be perpetrators of child abuse or neglect of the results of the investigation. If the alleged perpetrator is a minor, then notice shall be given to the minor’s parent or guardian.
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.
Notice
The Area Office or Special Investigations Unit (SIU), whichever is responsible for the abuse or neglect investigation, shall notify, by first class mail
- the parent or guardian of any victim of child abuse or neglect
- the person who is alleged to be a perpetrator of child abuse or neglect
- the parent or guardian of any minor who is alleged to be a perpetrator of child abuse or neglect
of the results of the investigation within five (5) business days of the completion of the investigation.
Notice Content
If the investigation concludes that the alleged perpetrator is not responsible for abuse or neglect, notice shall be sent using the “Notification of Investigation Results”
(DCF-2210), and there shall be no right to appeal.
If the investigation concludes that a person is responsible for abuse or neglect, notice shall be sent using the “Notification of Investigation Results (substantiated)”, (DCF- 2210a).
The notice shall contain a short and plain description of the finding that the person is responsible for the abuse or neglect of a child, and shall include the name of the child or children involved, and the date (or timeframe) that the abuse or neglect occurred.
In addition, if the investigation concludes that the person responsible is a risk to the health, safety or well-being of children, the notice shall additionally inform the person of:
- the existence of the Central Registry
- the Department’s intentions to place his/her name on the Central Registry unless the person appeals the finding
- the potential adverse consequences of being listed in the Central Registry
- the right to appeal the determination that the person is a perpetrator of child abuse or neglect or that his/her name will be placed on the Central Registry.
The notice shall also include a written form for the person to sign and return to invoke the appeal procedures (DCF-2210b).
Individuals Eligible to Appeal Investigation Results
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 minor has been recommended for placement on the Central Registry
and
- disagrees with the finding that he/she is a perpetrator of child abuse or neglect or the recommendation for placement on the Central Registry
shall be entitled to appeal either the substantiation(s) or the recommendation for
placement on the Central Registry, or both.
Requesting an Internal Review of Investigation Results
In order to appeal a substantiation, a request must be sent
- in writing (DCF-2210b)
- by the appellant or his/her legal representative
- to the Bureau of Child Welfare
- within sixty (60) days of the date on the “Notification of the Investigation Results” DCF-2210”.
Prior Substantiations and Registry Recommendations
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.
Internal Review of Investigation Results
Upon receipt of a request for an appeal of a finding, the Bureau of Child Welfare (BCW) shall have thirty (30) days to complete a review of all relevant information and determine whether the recommended finding is factually or legally deficient and should be reversed.
The review shall be conducted by a person designated by the Bureau Chief for Child Welfare Services.
The BCW shall immediately notify the assigned Area Office legal staff of the receipt of all appeals and shall immediately provide a copy of all records pertaining to the investigation on appeal to the Area Office legal staff.
Within ten days of receiving the investigations records, the Area Office legal staff shall provide a copy to the appellant, redacted only to the extent necessary to comply with state and federal confidentiality laws.
The appellant may submit any documentation that is relevant to a determination of the issue.
The appellant, at the discretion of the Department, may participate in a telephone conference or face-to-face meeting in order to provide additional information that may be relevant to the determination of the issue.
The person conducting the review shall review all relevant information related to the investigation, including any information submitted by the appellant in support of his/her position.
The issue at the review is whether the finding that the appellant was responsible for the neglect or abuse of a child and/or whether the recommendation that the appellant be placed on the Central Registry is factually or legally deficient. In making these determinations, the reviewer shall use a fair preponderance of the evidence standard.
The Department shall inform the appellant, by certified mail, of the results of the review within five (5) business days of the decision.
If the BCW fails to complete its review of the investigation results within thirty (30) days, the appellant may request a substantiation hearing pursuant to Policy 22-12-4.
Internal Review – Upholding Investigation Results
If the review determines that the substantiation was factually and legally sufficient, the substantiation shall be upheld. If the review determines that the recommendation for placement on the Central Registry is factually or legally sufficient, the recommendation shall be upheld.
The Department shall inform the person of his/her right to request an administrative hearing to appeal either or both decisions using the “Notification of Investigation Review Results” (DCF-2212a).
Internal review – Reversing Investigation Results
If the review determines that either the substantiation or the recommendation was factually or legally deficient, the Department shall
- notify the person that the substantiation or the recommendation has been reversed using “Notification Of Investigation Review Results” (DCF-2212b)
- make appropriate corrections to the Department’s records
- advise the parent/guardian of the child involved in the incident of the reversal.
Prohibition Against Disclosure Pending Resolution
The Department shall not disclose that a person is on the Central Registry pursuant to a background check pending exhaustion or waiver of all administrative appeals except as permitted in Section 33-31 of the DCF Policy Manual.
Documentation
Copies of all letters, notices and reviews shall be maintained in the case record.
