Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 201 - PROCEDURES FOR THE CHILD ABUSE OR NEGLECT FINDINGS, APPEALS FROM FINDINGS, AND APPEALS FROM DENIAL OF ACCESS TO CERTAIN CONFIDENTIAL RECORDS › Section 148-201-VII - NOTIFICATION OF FINDING(S)

Current through 2024-29, July 17, 2024
Within ten (10) business days of making a finding, the
				  Department shall provide the affected person with written notice, readable at a
				  sixth-grade level, sent by ordinary first-class mail and by certified mail,
				  addressee only, return receipt requested, to the affected person's last known
				  address. If the affected person is not an individual, then the notice may be
				  addressed to any office or place of operation of the substantiated entity or to
				  any officer, director, trustee, member, manager, partner, clerk, or other
				  general agent of the substantiated entity. The notice shall include the
				  following information:
A. Whether the
				person has been substantiated, indicated, or unsubstantiated for abuse or
				neglect of a child or children, and, if the person is indicated or
				substantiated, the specific factual findings and a summary of the evidence that
				is the basis for the findings.
B.
				If the person is substantiated or indicated, that the names of substantiated
				and indicated persons are maintained by the Department.
C. If the person is substantiated or
				indicated, that the person may be at risk of collateral consequences as a
				result of the finding.
C-1. If the
				person is indicated or substantiated, that the person has a right to appeal the
				decision.
D. That the first stage
				of an appeal is a paper review, and that neither the appellant nor the
				appellant's attorney or authorized representative is entitled to be present
				during the paper review, but that the appellant may provide written information
				in support of his or her paper review, including written statements by adults
				(written statements by children are prohibited).
E. If the paper review upholds the finding,
				the appellant may request an administrative hearing at which he or she may
				present evidence in support of his or her objections to the finding, may be
				represented by an attorney or other representative legally authorized to
				represent appellant, may call witnesses, and may cross-examine state witnesses.
				Further details about the administrative hearing are in section XI.
F. That a paper review must be requested in
				writing within thirty (30) calendar days of the time the person receives the
				Department's notice of its finding; that failure to timely appeal may result in
				the appellant's name forever remaining in the Department's records (certain
				Department records are expunged pursuant to
				22 MRSA
				§4008(5) ) and may
				result in a waiver of the right to appeal; that the finding may be disclosed to
				employers in certain fields (such as child care or education); and that the
				finding may affect the person's ability to obtain certain licenses (such as
				foster care licenses).
G. If the
				person is substantiated or indicated, that the person may be eligible to
				receive no cost legal assistance from Pine Tree Legal Assistance or other legal
				service agencies, along with the names, addresses and telephone numbers of
				legal service agencies that have communicated to the Department that they are
				willing to assist appellants at no cost.
Where any term in paragraphs A through G above is defined in
				  section V above, the notice to the person shall define the term in language
				  suited for a person with a sixth-grade education.
The letter notifying the person of the substantiation or
				  indication shall comply with the requirements of Title VI of the
Civil
				  Rights Act of 1964
, and with the
Americans with
Disabilities Act of 1990
.