Section 148-201-V - DEFINITIONS Any terms defined or used in Maine Revised Statutes, Title 22, section 4002, have the same meaning when used in these rules, except to the extent modified in these rules.
For the purpose of these rules, the following terms have the following meanings:
A. Administrative hearing means a hearing conducted in accordance with the Department of Health and Human Services Administrative Hearings Regulations and these rules, as such regulations and rules are amended from time to time.B. Appeal means the two-stage procedure described in these rules. The first stage is a paper review. The second stage is an administrative hearing.C. Appellant means a substantiated or indicated person who has begun the process of appealing the finding.C-1. Collateral consequences means1. loss of employment, or denial of a good faith application for employment in a position for which the applicant was qualified;2. loss or denial of a license or benefits issued by any federal, state, or municipal government;3. expulsion from or denial of admission to an educational program, or admission to an educational program where employers in that field are required to consult with the Department to determine whether employees have been substantiated for child abuse or neglect; or4. deprivation of a life, liberty or property interest that is protected by the Due Process Clause under the Fourteenth Amendment to the United States Constitution or Article I, Section 6-A of the Maine Constitution.D. Department means the Maine Department of Health and Human Services.E. Finding means the Department's conclusion that an individual is substantiated, indicated, or unsubstantiated for abuse or neglect of a child.F. Good cause means (1) failure of the appellant to actually receive notice of the finding, unless the appellant has moved and has not notified the Department of his or her new address after being informed of the obligation to do so, or (2) reasons beyond the control of the individual.G. Hearing officer means an administrative hearing officer who has received specialized training in child abuse and neglect.H. Indicated means a finding made by the Department that an individual or legal entity was a person responsible for a child who was subjected to abuse or neglect, that the abuse or neglect was of low to moderate severity, and that the individual or legal entity poses no further threat of harm to children for whom the person might be responsible through employment or volunteer activities.I. Paper review means a review by a reviewer of all relevant Department records related to the finding and all relevant written information submitted by the appellant.J. Person responsible for the child has the meaning given it in 22 M.R.S.A. §4002(9), with the following interpretation. A "person responsible for the child" is any person who has responsibility to supervise and protect a child from harm. Without limiting the generality of the definition or interpretation of the term, the following persons are deemed to be persons responsible for the child: 1. A parent, whether or not the parent has custody or primary physical residence of the child;2. A step-parent, whether or not the parent to whom the step-parent is married has custody or primary physical residence of the child;3. An adult "family or household member" of the child or a parent, as that term is defined in 19-A M.R.S.A. §4002;4. Any person to whom a parent or other person responsible for a child expressly or impliedly gives temporary or permanent authority or responsibility for the care, supervision and control of the child, or the authority to discipline the child. This includes, but is not limited to,a. an adult babysitter, whether or not related to the child, whether or not paid, and regardless of the length of time the person is responsible for the child;b. a child care facility or a family child care provider; orc. an educational facility.K. Privileged records means information in the Department's records that the Department is not required to provide to an appellant because it is (a) information in the record that is confidential or privileged pursuant to State or Federal law; (b) information that the Department reasonably believes would increase the risk of harm to a child if provided to the appellant; or (c) information or documents created by the person conducting the Paper Review.L. Receipt of notice means that a person is deemed to have received a notice or mailing that the Department sends to the person on the earliest of the following dates: 1. The date the person actually receives the notice or mailing, as evidenced by a signed return receipt for the mail;2. The date the person refuses delivery of certified mail, or the date that the United States Postal Service returns the certified mail as unclaimed, as evidenced by a notation by the United States Postal Service on or accompanying the mail; or3. The date that is three (3) calendar days after the date the Department mails the notice or mailing by ordinary first-class mail to the person's last known address, if the United States Postal Service does not return the mail to the Department as undeliverable.M. Relevant records means all records, relating to the substantiated or indicated person, from the file under which the finding is entered, and all exculpatory information known to the Department, whether or not that information is in the file under which the finding is entered. Relevant Records specifically excludes any documents created by the person conducting the Paper Review and excludes records of any communications between the person conducting the Paper Review and any other person within the Department, as such communications are for the purpose of quality assurance and program improvement.N. Reviewer means an employee of the Department who is specially trained to review findings and who has not had knowledge of the case prior to the Paper Review.O. Substantiated means an administrative finding made by the Department that an individual or legal entity was the person responsible for a child who was subjected to abuse or neglect where either (1) the abuse or neglect was of high severity or (2) the individual or legal entity poses a threat of harm to children for whom the individual or legal entity may become responsible through employment or volunteer activities.P. Unsubstantiated means an administrative finding made by the Department that there is insufficient evidence to support the allegation that an individual or entity who was a person responsible for the child subjected that child to abuse or neglect.10-148 C.M.R. ch. 201, § V