Section 148-201-VII - NOTIFICATION OF FINDING(S) Within ten (10) business days of making a finding, the Department shall provide the affected person with written notice, readable at a sixth-grade level, sent by ordinary first-class mail and by certified mail, addressee only, return receipt requested, to the affected person's last known address. If the affected person is not an individual, then the notice may be addressed to any office or place of operation of the substantiated entity or to any officer, director, trustee, member, manager, partner, clerk, or other general agent of the substantiated entity. The notice shall include the following information:
A. Whether the person has been substantiated, indicated, or unsubstantiated for abuse or neglect of a child or children, and, if the person is indicated or substantiated, the specific factual findings and a summary of the evidence that is the basis for the findings.B. If the person is substantiated or indicated, that the names of substantiated and indicated persons are maintained by the Department.C. If the person is substantiated or indicated, that the person may be at risk of collateral consequences as a result of the finding.C-1. If the person is indicated or substantiated, that the person has a right to appeal the decision.D. That the first stage of an appeal is a paper review, and that neither the appellant nor the appellant's attorney or authorized representative is entitled to be present during the paper review, but that the appellant may provide written information in support of his or her paper review, including written statements by adults (written statements by children are prohibited).E. If the paper review upholds the finding, the appellant may request an administrative hearing at which he or she may present evidence in support of his or her objections to the finding, may be represented by an attorney or other representative legally authorized to represent appellant, may call witnesses, and may cross-examine state witnesses. Further details about the administrative hearing are in section XI. F. That a paper review must be requested in writing within thirty (30) calendar days of the time the person receives the Department's notice of its finding; that failure to timely appeal may result in the appellant's name forever remaining in the Department's records (certain Department records are expunged pursuant to 22 MRSA §4008(5) ) and may result in a waiver of the right to appeal; that the finding may be disclosed to employers in certain fields (such as child care or education); and that the finding may affect the person's ability to obtain certain licenses (such as foster care licenses).G. If the person is substantiated or indicated, that the person may be eligible to receive no cost legal assistance from Pine Tree Legal Assistance or other legal service agencies, along with the names, addresses and telephone numbers of legal service agencies that have communicated to the Department that they are willing to assist appellants at no cost. Where any term in paragraphs A through G above is defined in section V above, the notice to the person shall define the term in language suited for a person with a sixth-grade education.
The letter notifying the person of the substantiation or indication shall comply with the requirements of Title VI of the Civil Rights Act of 1964, and with the Americans withDisabilities Act of 1990.
10-148 C.M.R. ch. 201, § VII