465 Ind. Admin. Code 3-2-3

Current through December 4, 2024

Section 465 IAC 3-2-3 - Administrative review procedure for department employees; substantiated report of child abuse or neglect

Authority: IC 31-33-26-13

Affected: IC 31-33-26-8

Sec. 3.

(a) A department employee who is identified as a perpetrator in a report of child abuse or neglect shall be notified in writing of the scheduled date of an automatic administrative review. The notice will be sent or delivered with the notice to the employee of a substantiated report of alleged child abuse or neglect identifying the employee as a perpetrator, as provided in IC 31-33-26-8(c).

(b) Before the date scheduled for the administrative review, the employee may submit written information or documents to be considered at the administrative review.

(c) The administrative review must be held and completed:

(1) within fifteen (15) business days after the later of the date on which:

(A) the substantiated report is approved; or

(B) the substantiated individual is identified as a department employee; and

(2) after service of the notice under subsection (a).

(d) The administrative review shall be conducted by an administrative review team consisting of individuals that were:

(1) not involved with the assessment of the allegations or with the preparation of the assessment report; and

(2) selected in accordance with department policy.

(e) The administrative review team shall determine one (1) of the following possible outcomes:

(1) Affirmance of the approved substantiated report.

(2) A directive to change the report determination from substantiated to unsubstantiated for any allegation of child abuse or neglect concerning the department employee as an alleged perpetrator.

(3) A directive to reopen the assessment in order to obtain additional information and prepare a new report.

(f) The department shall send or deliver to the employee a written notice of the administrative review decision within five (5) business days following the review.

(g) If the administrative review determination affirmed the report, the notice shall provide to the employee information regarding the right to request an expedited administrative hearing.

(h) For purposes of IC 31-33-26-8(c), the date of service of the notice of administrative review decision under subsection (f) shall be deemed to be the date of service of the notice of a substantiated report.

465 IAC 3-2-3

Department of Child Services; 465 IAC 3-2-3; filed Nov 14, 2012, 12:46 p.m.: 20121212-IR-465120404FRA

Readopted filed 9/4/2018, 2:31 p.m.: 20181003-IR-465180321RFA

Filed 6/19/2024, 2:23 p.m.: 20240717-IR-465240092FRA

Readopted filed 7/11/2024, 12:29 p.m.: 20240807-IR-465230813RFA