Adjudication of allegations and risk

(a) In an administrative hearing held under this chapter, an administrative law judge shall determine whether: (1) A preponderance of the evidence supports a finding that an allegation of child maltreatment is true; and (2) The Department of Human Services abused its discretion in determining that an offender may pose a risk of maltreatment to a vulnerable population that includes without limitation, children, the elderly, persons with a disability, and persons with a mental health illness. (b) An administrative law judge shall direct the name of an offender to be placed on the Child Maltreatment Central Registry if a preponderance of the evidence supports a finding that: (1) An allegation of child maltreatment is true; and (2) The department did not abuse its discretion in determining that the offender may pose a risk of maltreatment to a vulnerable population. Added by Act 2019, No. 802,§ 7, eff. 7/24/2019. (a) In an administrative hearing held under this chapter, an administrative law judge shall determine whether: (1) A preponderance of the evidence supports a finding that an allegation of child maltreatment is true; and (2) The Department of Human Services abused its discretion in determining that an offender may pose a risk of maltreatment to a vulnerable population that includes without limitation, children, the elderly, persons with a disability, and persons with a mental health illness. (1) A preponderance of the evidence supports a finding that an allegation of child maltreatment is true; and (2) The Department of Human Services abused its discretion in determining that an offender may pose a risk of maltreatment to a vulnerable population that includes without limitation, children, the elderly, persons with a disability, and persons with a mental health illness. (b) An administrative law judge shall direct the name of an offender to be placed on the Child Maltreatment Central Registry if a preponderance of the evidence supports a finding that: (1) An allegation of child maltreatment is true; and (2) The department did not abuse its discretion in determining that the offender may pose a risk of maltreatment to a vulnerable population. (1) An allegation of child maltreatment is true; and (2) The department did not abuse its discretion in determining that the offender may pose a risk of maltreatment to a vulnerable population. Added by Act 2019, No. 802,§ 7, eff. 7/24/2019.