Child Abuse or Child Neglect

Section 385 TITLE 89: SOCIAL SERVICES CHAPTER III: DEPARTMENT OF CHILDREN AND FAMILY SERVICES SUBCHAPTER d: LICENSING ADMINISTRATION PART 385 BACKGROUND CHECKS SECTION 385.50 CHILD ABUSE OR CHILD NEGLECT Section 385.50  Child Abuse or Child Neglect Individuals identified as a perpetrator of a child abuse and neglect report in a single report with a five-year retention period shall be assessed under subsection (a). Identification of an individual as a perpetrator of a single child abuse and neglect report with a 20- or 50-year retention period, or two or more reports each with a five-year retention period shall create a presumption of unsuitability of that individual for the purpose of licensure or employment and shall be reviewed under subsection (b). a)         Assessment of Indicated Child Abuse and Neglect Reports 1)         All background check results with an indicated finding as a perpetrator in a child protection investigation that does not rise to the level of a presumption of unsuitability shall be assessed in order to determine a recommendation to grant or deny licensure or employment. 2)         The Department or contributing agency licensing staff shall obtain written consent from the individual who is the subject of the indicated report in order to review pertinent child protection records. 3)         To determine a recommendation to grant or deny licensure or employment, the licensing representative's supervisor shall assess the indicated finding of child abuse or child neglect, including the following: A)        the nature of the abuse or neglect with which the individual was identified, including whether the abuse or neglect resulted in serious injury or death to a child or children; B)        the circumstances surrounding the commission of the abuse or neglect, including the age of the perpetrator and the children, that would demonstrate unlikelihood of repetition; C)        the amount of time that has elapsed since the abuse or neglect occurred and whether prior incidents of child abuse or child neglect have been indicated against the individual or non-licensed service provider; D)        whether the abuse or neglect involved single or multiple child victims; E)        the relationship of the incident of child abuse or neglect to the individual's or non-licensed service provider's responsibilities within the child care facility; F)         whether the individual has been convicted of a criminal offense which might have bearing on the individual's ability to function in a child care facility as licensee or employee or as a non-licensed service provider; G)        evidence of rehabilitation such as employment, education, participation in therapy since the indicated incident of abuse or neglect; and H)        three positive character references. b)         Presumption of Unsuitability 1)         An individual who is a household member and has an indicated finding as a perpetrator in a child protection investigation that creates presumption of unsuitability shall require a waiver through the Director or the Director's designee in order to be licensed or employed by a licensee. A)        Requests for a waiver of presumption of unsuitability shall be in writing and postmarked within 30 days after notice is received by the licensing entity or employer. B)        The Department or contributing agency licensing staff shall obtain written consent from the individual who is the subject of the indicated report in order to review pertinent child protection records. C)        The Director of the Department or the Director's designee shall review any materials submitted on the individual's behalf and may waive the presumption that the individual is unsuitable for licensure or employment in accordance with the assessment criteria in subsection (a)(3). D)        When the Director or designee determines there is good cause for waiving the presumption of unsuitability, the hiring or licensing decision shall be made in accordance with this Part and the applicable licensing standards. 2)         An individual with an indicated finding as a perpetrator of child abuse or neglect in a single child protection investigation that does not rise to the level of a presumption of unsuitability may be assessed and recommended for waiver by the licensing representative's supervisor. A)        When a household member, employee, applicant for employment, volunteer or non-licensed contractual provider has been indicated as a perpetrator in a child protection investigation that equates to a presumption of unsuitability, the licensing entity or employer may request a review of the denial and request a waiver of the presumption of unsuitability. B)        Requests for a waiver of presumption of unsuitability shall be in writing and postmarked within 30 days after notice is received by the licensing entity or employer. C)        The Department or contributing agency shall obtain written consent from the individual who is the subject of the indicated report in order to review the child protection reports that led to the indicated findings that equate to a presumption of unsuitability, before making a decision in requesting a waiver for a presumption of unsuitability. 3)         The Director of the Department or the Director's designee shall review any materials submitted on the individual's behalf and may waive the presumption that the individual is unsuitable for licensure or employment.  When the Director or designee determines there is good cause for waiving the presumption of unsuitability, the hiring or licensing decision shall be made in accordance with the totality of the requirements of this Part and the applicable licensing standards. c)         Notification of Hiring Decision A child care facility shall notify the Department in writing of its decision regarding the employment of a person, or retention of an employee, who has been indicated as a perpetrator of child abuse/neglect.  The decision of the employer is final.  Employment decisions may not be appealed to the Department.