Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 101k - Child Abuse and Neglect Registry › Section 17a-101k-5 - Conduct of the internal review

Current through July 10, 2024
(a) Upon timely
			 receipt by the department office or unit that conducted the abuse or neglect
			 investigation of a request for an internal review of a substantiation or
			 registry finding, the office or unit's designated reviewer shall commence a
			 review of the case to determine whether the substantiation or registry finding
			 is factually or legally deficient and ought to be reversed.
(b) Prior to the completion of the internal
			 review, the department shall provide the individual responsible with all
			 relevant documents in the possession of the department regarding the
			 substantiation or registry finding as provided in subdivision (1) of subsection
			 (c) of section
			 17a-101k
			 of the Connecticut General Statutes.
(c) Such review shall be completed not later
			 than thirty (30) days after receipt of such request for an internal review and
			 shall consist of a review of all relevant information relating to the
			 substantiation or registry finding, including any documentation submitted by
			 the individual responsible or his or her representative for purposes of the
			 review. Additionally, such review may, in the discretion of the reviewer,
			 include a telephone conference or face-to-face meeting with the individual
			 responsible conducted for the purpose of gathering additional relevant
			 information.
(d) Notwithstanding
			 the foregoing, a registry finding based solely on an arrest as set forth in
			 subdivision (5) of subsection (b) of section
			 17a-101k-3
			 of the Regulations of Connecticut State Agencies or a petition as set forth in
			 subdivision (6) of subsection (b) of 17a-101k-3 of the Regulations of
			 Connecticut State Agencies shall be reversed upon a showing that the criminal
			 or civil case was finally disposed without a factual determination by a court
			 that the individual responsible committed the act of child abuse or neglect
			 that is the subject of the substantiation.
(e) If the designated reviewer determines the
			 substantiation or registry finding is factually or legally deficient, he or she
			 shall direct that the substantiation or registry finding be reversed and shall
			 take action to assure that the department's records are amended and such
			 substantiation or registry finding is reversed. The individual requesting the
			 review shall be informed of such reversal by certified mail not later than five
			 (5) days after such determination. The department's records shall be amended
			 with reasonable immediacy.
(f) If
			 the designated reviewer determines the substantiation or registry finding is
			 legally and factually sufficient, the reviewer shall inform the individual
			 responsible by certified mail not later than five (5) days after such
			 determination.
(g) The written
			 notice given pursuant to subsection (f) of this section shall include:
(1) a reference to sections
			 17a-101k-1 to
			 17a-101k-16,
			 inclusive, of the Regulations of Connecticut State Agencies;
(2) the department's grounds for the
			 substantiation;
(3) the registry
			 finding, if applicable;
(4) the
			 right of the individual responsible to request an administrative hearing;
(5) how the individual responsible
			 shall apply for an administrative hearing; and
(6) notice that the request for an
			 administrative hearing shall be made not later than thirty (30) days after
			 receipt of the notice by the individual responsible.