Section 2-6 - Investigation Conclusion (a) Upon completion of an investigation of abuse or neglect, the Department shall make a final determination in a written report as to whether a child was abused or neglected. This determination shall be based upon whether the information and evidence gathered during the investigation constitutes credible evidence of child abuse or neglect.
(b) Allegations must be determined to be substantiated or unsubstantiated: - (i) When credible evidence of abuse or neglect has been determined, the allegation is substantiated.
- (ii) Department staff shall substantiate all reports where a court has accepted a criminal plea of guilty or nolo contendre or a civil, juvenile or criminal court has made a finding that the alleged perpetrator committed certain acts that constitute abuse or neglect under these rules.
- (iii) In the absence of credible evidence of abuse or neglect, the allegations and the investigation shall be unsubstantiated and the investigation closed. Services may be offered pursuant to Chapter 2, Section 7.
(c) Notice of findings - (i) The Department shall inform reporters (as defined by W.S. 14-3-214 ) of suspected child abuse or neglect that an investigation was conducted and the allegations were substantiated or unsubstantiated.
- (ii) The Department shall inform the child's custodial parent(s), legal guardian, guardian ad litem or legal custodian, the court judge (when child is in custody of the state) and alleged perpetrator(s) in writing of the conclusions of the investigation.
- (iii) The Department shall make reasonable efforts to inform the non-custodial parent in writing if the investigation is substantiated and of any proposed action to be taken.
- (iv) In substantiated cases the Department shall inform the alleged perpetrator in writing that:
- (A) Their name has been entered on the Central Registry;
- (B) They may respond in writing to the findings of the investigation and such statement will be included with the Central Registry report.
- (C) They may request an administrative hearing pursuant to the Department's Contested Case Hearing Procedures.
(d) The findings will be documented in the Department's data system.