9 CAR § 40-1407. Notices of overturned true investigation determination

(a) Due process is satisfied by providing the alleged offender with notice and an opportunity for an administrative hearing and when: (1) The administrative law judge makes a decision to either uphold or overturn the “true” investigative determination; (2) Thirty (30) days have passed and the alleged offender did not request a hearing; (3) The alleged offender was a juvenile and he or she or their legal caregiver waived the administrative hearing or the administrative law judge issued a decision; or (4) The administrative law judge upheld the true determination because of a preliminary administrative hearing and allowed provisional placement of the alleged offender’s name on the Child Maltreatment Central Registry. (b)(1) Notices of overturned decisions may be sent only after due process is satisfied. (2) Verification must be obtained of either the judicial determination or the fact that alleged offender prevailed in the administrative hearing. (3) These notices serve to inform that the investigative determination was overturned. (4) Law enforcement. (A) Type of allegation. Severe maltreatment only. (B) What information. (i) Name of each alleged victim. (ii) Name of alleged offender. (iii) Type of maltreatment. (C) When. Within ten (10) business days after central registry receives notice that the alleged offender prevailed in the administrative hearing, but only if the notice of true determination was provided. (D) Form. CFS-261-O: Notice of Overturned True Child Maltreatment Investigative Determination to Law Enforcement and Prosecuting Attorney or CACD-261-O: Notice of Overturned True Child Maltreatment Investigative Determination to Law Enforcement and Prosecuting Attorney as appropriate. (5) Prosecuting attorney. (A) Type of allegation. Severe maltreatment only. (B) What information. (i) Name of each alleged victim. (ii) Name of alleged offender. (iii) Type of maltreatment. (C) When. Within ten (10) business days after central registry receives notice that the alleged offender prevailed in the administrative hearing, but only if the notice of true determination was provided. (D) Form. CFS-261-O: Notice of Overturned True Child Maltreatment Investigative Determination to Law Enforcement and Prosecuting Attorney or CACD-261-O: Notice of Overturned True Child Maltreatment Investigative Determination to Law Enforcement and Prosecuting Attorney as appropriate. (6) Licensing or registering authority. (A) Type of allegation. All maltreatment. (B) What information. (i) Name of alleged offender. (ii) Type of maltreatment. (C) When. Within ten (10) business days after Central Registry receives notice that the alleged offender prevailed in the administrative hearing. (D) Form. CFS-274-O: Notice of Overturned True Child Maltreatment Investigative Determination to Licensing or Registering Authority and Employer or Entity in Charge of Paid or Volunteer Activity or CACD-274-O: Notice of Overturned True Child Maltreatment Investigative Determination to Licensing or Registering Authority and Employer or Entity in Charge of Paid or Volunteer Activity as appropriate. (7) Facility director. (A) Type of allegation. All maltreatment, only if the maltreatment occurred at the facility, and the facility is licensed or registered by, or is operated by or operated under contract with the State of Arkansas. (B) What information. (i) Name of alleged offender. (ii) Type of maltreatment. (C) When. Within ten (10) business days after Central Registry receives notice that the alleged offender prevailed in the administrative hearing. (D) Form. CFS-263-O: Notice of Overturned True Child Maltreatment Investigative Determination to Facility Director or CACD-263-O: Notice of Overturned True Child Maltreatment Investigative Determination to facility director, as appropriate. (8) Director of the Division of Children and Family Services. (A) Type of allegation. All maltreatment, only if the maltreatment occurred at a facility operated by or operated under contract with the department. (B) What information. (i) Name of alleged victim. (ii) Name of alleged offender. (iii) Type of maltreatment. (C) When. Within ten (10) business days after Central Registry receives notice that the alleged offender prevailed in the administrative hearing. (D) Form. CFS-270-O: Notice of Overturned True Child Maltreatment Investigative Determination to DHS Division Director; Coordinator of Multidisciplinary Team for Alleged Victim and Offender; and Circuit Judge and Counsel in Dependency Neglect or FINS Case of Alleged Offender or CACD-270-O: Notice of Overturned True Child Maltreatment Investigative Determination to DHS Division Director; Coordinator of Multidisciplinary Team for Alleged Victim and Offender; and Circuit Judge and Counsel in Dependency Neglect or FINS Case of Alleged Offender as appropriate. (9) Legal caregiver of an alleged offender experiencing foster care. (A) Type of allegation. All maltreatment. (B) What information. (i) Name of alleged offender. (ii) Type of maltreatment. (C) When. Within ten (10) business days after Central Registry receives notice that the alleged offender prevailed in the administrative hearing. (D) Form. CFS-264-O: Notice of Overturned True Child Maltreatment Investigative Determination to Legal Caregivers of the Alleged Offender or CACD-264-O: Notice of Overturned True Child Maltreatment Investigative Determination to Legal Caregivers of the Alleged Offender as appropriate. (10) Legal caregiver of alleged victim experiencing foster care. (A) Type of allegation. All maltreatment. (B) What information. (i) Name of alleged victim. (ii) Type of maltreatment. (C) When. Within ten (10) business days after Central Registry receives notice that the alleged offender prevailed in the administrative hearing. (D) Form. CFS-265-O-1: Notice of Overturned True Child Maltreatment Investigative Determination to Victim and Legal Caregivers of Alleged Victim or CACD-265-O-1: Notice of Overturned True Child Maltreatment Investigative Determination to Victim and Legal Caregivers of Alleged Victim as appropriate. (11) Current resource parent of alleged victim experiencing foster care. (A) Type of allegation. All maltreatment. (B) What information. (i) Name of alleged victim. (ii) Type of maltreatment. (C) When. Within ten (10) business days after Central Registry receives notice that the alleged offender prevailed in the administrative hearing. (D) Form. CFS-265-O-2: Notice of Overturned True Child Maltreatment Investigative Determination to Current Resource Parents of the Alleged Victim. (12) Legal caregivers of alleged victim regardless of the age of the child. (A) Type of allegation. All maltreatment. (B) What information. (i) Name of alleged victim. (ii) Type of maltreatment. (C) When. Within ten (10) business days after Central Registry receives notice that the alleged offender prevailed in the administrative hearing. (D) Form. CFS-265-O-1: Notice of Overturned True Child Maltreatment Investigative Determination to Victim and Legal Caregivers of Alleged Victim or CACD-265-O-1: Notice of Overturned True Child Maltreatment Investigative Determination to Victim and Legal Caregivers of Alleged Victim as appropriate. (13) Alleged victim, if fourteen (14) years of age or older. (A) Type of allegation. All maltreatment. (B) What information. (i) Name of alleged victim. (ii) Type of maltreatment. (C) When. Within ten (10) business days after Central Registry receives notice that the alleged offender prevailed in the administrative hearing. (D) Form. CFS-265-O-1: Notice of Overturned True Child Maltreatment Investigative Determination to Victim and Legal Caregivers of Alleged Victim or CACD-265-O-1: Notice of Overturned True Child Maltreatment Investigative Determination to Victim and Legal Caregivers of Alleged Victim as appropriate. (14) Attorney ad litem of alleged victim. (A) Type of allegation. All maltreatment. (B) What information. (i) Name of alleged victim. (ii) Name of alleged offender. (iii) Type of maltreatment. (C) When. Within ten (10) business days after Central Registry receives notice that the alleged offender prevailed in the administrative hearing. (D) Form. CFS-266-O: Notice of Overturned True Child Maltreatment Investigative Determination to Circuit Judge, Attorney Ad Litem, CASA, and Counsel in Dependency Neglect or FINS Case of Alleged Victim. (15) Court appointed special advocate of alleged victim. (A) Type of allegation. All maltreatment. (B) What information. (i) Name of alleged victim. (ii) Name of alleged offender. (iii) Type of maltreatment. (C) When. Within ten (10) business days after Central Registry receives notice that the alleged offender prevailed in the administrative hearing. (D) Form. CFS-266-O: Notice of Overturned True Child Maltreatment Investigative Determination to Circuit Judge, Attorney Ad Litem, CASA, and Counsel in Dependency Neglect or FINS Case of Alleged Victim. (16) Circuit judge with jurisdiction of an ongoing dependency neglect or FINS case of alleged victim. (A) Type of allegation. All maltreatment. (B) What information. (i) Name of alleged victim over whom the court has jurisdiction. (ii) Name of alleged offender. (iii) Type of maltreatment. (C) When. Within ten (10) business days after Central Registry receives notice that the alleged offender prevailed in the administrative hearing. (D) Form. CFS-266-O: Notice of Overturned True Child Maltreatment Investigative Determination to Circuit Judge, Attorney Ad Litem, CASA, and Counsel in Dependency Neglect or FINS Case of Alleged Victim. (17) Counsel in dependency neglect or FINS case of an alleged victim. (A) Type of allegation. All maltreatment. (B) What information. (i) Name of alleged victim. (ii) Name of alleged offender. (iii) Type of maltreatment. (C) When. Within ten (10) business days after Central Registry receives notice that the alleged offender prevailed in the administrative hearing. (D) Form. CFS-266-O: Notice of Overturned True Child Maltreatment Investigative Determination to Circuit Judge, Attorney Ad Litem, CASA, and Counsel in Dependency Neglect or FINS Case of Alleged Victim. (18) Circuit judge with jurisdiction of an ongoing dependency neglect or FINS case of alleged offender. (A) Type of allegation. All maltreatment. (B) What information. (i) Name of alleged victim over whom the court has jurisdiction. (ii) Name of alleged offender. (iii) Type of maltreatment. (C) When. Within ten (10) business days after Central Registry receives notice that the alleged offender prevailed in the administrative hearing. (D) Form. CFS-270-O: Notice of Overturned True Child Maltreatment Investigative Determination to DHS Division Director; Coordinator of Multidisciplinary Team for Alleged Victim and Offender; and Circuit Judge and Counsel in Dependency Neglect or FINS Case of Alleged Offender. (19) Counsel in dependency neglect or FINS case of an alleged offender. (A) Type of allegation. All maltreatment. (B) What information. (i) Name of alleged victim. (ii) Name of alleged offender. (iii) Type of maltreatment. (C) When. Within ten (10) business days after Central Registry receives notice that the alleged offender prevailed in the administrative hearing. (D) Form. CFS-270-O: Notice of Overturned True Child Maltreatment Investigative Determination to DHS Division Director; Coordinator of Multidisciplinary Team for Alleged Victim and Offender; and Circuit Judge and Counsel in Dependency Neglect or FINS Case of Alleged Offender. (20) Attorney ad litem of alleged offender. (A) Type of allegation. All maltreatment. (B) What information. (i) Name of alleged victim. (ii) Name of alleged offender. (iii) Type of maltreatment. (C) When. Within ten (10) business days after Central Registry receives notice that the alleged offender prevailed in the administrative hearing. (D) Form. CFS-268-O: Notice of Overturned True Child Maltreatment Investigative Determination to Attorney Ad Litem and CASA of Alleged Offender. (21) Court appointed special advocate of alleged offender. (A) Type of allegation. All maltreatment. (B) What information. (i) Name of alleged victim. (ii) Name of alleged offender. (iii) Type of maltreatment. (C) When. Within ten (10) business days after Central Registry receives notice that the alleged offender prevailed in the administrative hearing. (D) Form. CFS-268-O: Notice of Overturned True Child Maltreatment Investigative Determination to Attorney Ad Litem and CASA of Alleged Offender. (22) Attorney ad litem of child in resource home where maltreatment is reported. (A) Type of allegation. All maltreatment. (B) What information. (i) Name of child represented by AAL only. (ii) Type of maltreatment. (C) When. Within ten (10) business days after Central Registry receives notice that the alleged offender prevailed in the administrative hearing. (D) Form. CFS-269-O: Notice of Overturned True Child Maltreatment Investigative Determination to Attorney Ad Litem and CASA of Child in Resource Home Where Maltreatment Is Reported. (23) CASA of child in resource home where maltreatment is reported. (A) Type of allegation. All maltreatment. (B) What information. (i) Name of child represented by CASA only. (ii) Type of maltreatment. (C) When. Within ten (10) business days after Central Registry receives notice that the alleged offender prevailed in the administrative hearing. (D) Form. CFS-269-O: Notice of Overturned True Child Maltreatment Investigative Determination to Attorney Ad Litem and CASA of Child in Resource Home Where Maltreatment Is Reported. (24) Multidisciplinary team. (A) Type of allegation. All maltreatment. (B) What information. (i) Name of alleged victim or victims. (ii) Name of alleged offender. (iii) Type of maltreatment. (C) When. Within ten (10) business days after Central Registry receives notice that the alleged offender prevailed in the administrative hearing. (D) Form. CFS-270-O: Notice of Overturned True Child Maltreatment Investigative Determination to DHS Division Director; Coordinator of Multidisciplinary Team for Alleged Victim and Offender; and Circuit Judge and Counsel in Dependency Neglect or FINS Case of Alleged Offender. (25) Alleged offender. (A) Type of allegation. All maltreatment. (B) What information. (i) Name of alleged victim or victims. (ii) Name of alleged offender. (iii) Type of maltreatment. (C) When. Within ten (10) business days after Central Registry receives notice that the alleged offender prevailed in the administrative hearing. (D) Form. CFS-272-O: Notice of Overturned True Child Maltreatment Investigative Determination to Alleged Offender or CACD-272-O: Notice of Overturned True Child Maltreatment Investigative Determination to Alleged Offender as appropriate. (26) Alleged offender’s employer when other children under the care of the alleged offender may be at risk, only if they received notice. (A) Type of allegation. All maltreatment. (B) What information. (i) Name of alleged offender. (ii) Type of maltreatment. (C) When. Within ten (10) business days after Central Registry receives notice that the alleged offender prevailed in the administrative hearing. (D) Form. CFS-274-O: Notice of Overturned True Child Maltreatment Investigative Determination to Licensing or Registering Authority and Employer or Entity in Charge of Paid or Volunteer Activity or CACD-274-O: Notice of Overturned True Child Maltreatment Investigative Determination to Licensing or Registering Authority and Employer or Entity in Charge of Paid or Volunteer Activity as appropriate. (27) Entity or person in charge of the alleged offender’s paid or volunteer activity when other children under the care of the alleged offender may be at risk, only if they received notice. (A) Type of allegation. All maltreatment. (B) What information. (i) Name of alleged offender. (ii) Type of maltreatment. (C) When. Within ten (10) business days after Central Registry receives notice that the alleged offender prevailed in the administrative hearing. (D) Form. CFS-274-O: Notice of Overturned True Child Maltreatment Investigative Determination to Licensing or Registering Authority and Employer or Entity in Charge of Paid or Volunteer Activity or CACD-274-O: Notice of Overturned True Child Maltreatment Investigative Determination to Licensing or Registering Authority and Employer or Entity in Charge of Paid or Volunteer Activity as appropriate. (28) Licensing or registering authority when other children under the care of the alleged offender may be at risk, only if they received notice. (A) Type of allegation. All maltreatment. (B) What information. (i) Name of alleged offender. (ii) Type of maltreatment. (C) When. Within ten (10) business days after Central Registry receives notice that the alleged offender prevailed in the administrative hearing. (D) Form. CFS-274-O: Notice of Overturned True Child Maltreatment Investigative Determination to Licensing or Registering Authority and Employer or Entity in Charge of Paid or Volunteer Activity or CACD-274-O: Notice of Overturned True Child Maltreatment Investigative Determination to Licensing or Registering Authority and Employer or Entity in Charge of Paid or Volunteer Activity as appropriate. (29) School where alleged juvenile offender is enrolled. No notice. (30) Child Safety Center, if involved in the investigation. (A) Type of allegation. All maltreatment. (B) What information. (i) Name of victim. (ii) Name of offender. (iii) Type of maltreatment. (C) When. Within ten (10) business days after Central Registry receives the order or after thirty-five (35) business days have passed and the offender did not request a hearing. (D) Form. CFS-275-O: Notice of Overturned True Child Maltreatment Investigative Determination to Child Safety Center Involved in Investigation of Maltreatment or CACD-275-O: Notice of Overturned True Child Maltreatment Investigative Determination to Child Safety Center Involved in Investigation of Maltreatment as appropriate.