N.H. Admin. Code § He-C 6430.04

Current through Register No. 50, December 12, 2024

Section He-C 6430.04 - Notice of Determination of a Finding of Child Abuse or Neglect

(a) The department shall provide written notice to any individual that it determines to be responsible for an incident of abuse or neglect under RSA 169-C prior to the individual's name being entered on the central registry.

(b) The notice shall set forth:

(1) The nature of the report, which identifies the type of abuse and/or neglect;

(2) The date of the court finding, if applicable;

(3) The reasons underlying the founded determination;

(4) The name of the person responsible for the child abuse and/or neglect;

(5) The right of the person responsible for the child abuse and/or neglect to access the department's case records pursuant to RSA 170-G:8-a;

(6) Any right to challenge the founded determination, as follows:

a. Submission of an administrative appeal request to challenge the department's founded determination within 30 days of the receipt of the notice, if the founded determination was not made by a court of jurisdiction;

b. Submission of an appeal to Superior Court within 30 days of a final dispositional order made by a court of jurisdiction in compliance with RSA 169-C:28; or

c. Persons responsible for child abuse and/or neglect who have consented in court or signed a non-court agreement waiving any right to challenge the founded determination; and

(7) The right to petition to have the name of the person responsible for the child abuse and/or neglect expunged from the central registry pursuant to RSA 169-C:35, V.

(c) The notice shall be provided to the person responsible for the child abuse and/or neglect by:

(1) Certified mail return receipt requested at the person's last known address; or

(2) By serving the person in hand and having him or her sign-off on the receipt of service.

(d) If the person responsible for the child abuse and/or neglect is a juvenile, or is an adult with a legal guardian, the notice shall be sent to his or her parent or guardian.

(e) The failure to request an administrative hearing within 30 days of receipt of the notice shall constitute a waiver of the right to an administrative appeal of the department's founded determination.

N.H. Admin. Code § He-C 6430.04

#8594, eff 3-28-06

Amended byVolume XXXIV Number 46, Filed November 13, 2014, Proposed by #10692, Effective 10/14/2014, Expires10/14/2024.