Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part V - Child Welfare › Subpart 3 - Child Protective Services › Chapter 11 - Administration and Authority › Section V-1111 - Child Protective Services Administrative Appeal

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Department of Children and Family
				  Services (DCFS) establishes an administrative appeal process with the Division
				  of Administrative Law (DAL). The purpose is to provide individuals the right to
				  appeal DCFS Child Protective Services investigation findings of
				  justified/valid. Any individual with a justified/valid finding of child abuse
				  or neglect may request an appeal of their justified/valid finding directly with
				  DAL.
B. Individuals with
				  justified/valid findings in an investigation prior to August 1, 2018, will have
				  the right to an administrative appeal of any/all of their DCFS findings of
				  justified/valid. When a request for an SCR clearance is received by DCFS, or
				  DCFS verifies that an individual has a justified/valid finding, and the
				  individual is listed as a perpetrator with a justified/valid finding of abuse
				  or neglect in an investigation prior to August 1, 2018; the individual will be
				  notified in writing of their right to an administrative appeal. The individual
				  will have 20 days from the date of the written notification to request an
				  appeal through DAL.
C. Any
				  individual notified of a DCFS justified/valid finding in an investigation
				  subsequent to August 1, 2018, will have the right to an administrative appeal
				  of any/all of their DCFS findings of justified/valid. The individual will have
				  20 days from the date of the written notification to request an appeal through
				  the DAL.
D. When DCFS receives a
				  request for an SCR clearance on an individual who is a prospective or current
				  employee in a licensed/registered child care setting by the Louisiana
				  Department of Education, a current or prospective employee of an Office of
				  Juvenile Justice juvenile facility, a current or prospective employee in a
				  specialized provider, juvenile detention facility provider licensed by DCFS;
				  or, a current or prospective employee of DCFS in a position whose duties
				  include the investigation of child abuse or neglect, supervisory or
				  disciplinary authority over children, direct care of a child, or performance of
				  licensing surveys, they may request an expedited appeal. A request for an
				  expedited appeal shall be submitted to DAL within 10 days of the date of the
				  written notification. If the appeal is not submitted within the 10 days, the
				  individual has 20 days from the date of the written notification to request a
				  non-expedited appeal through DAL.
E. The appeal request, whether expedited or
				  not expedited, shall include the DCFS written notification of their
				  justified/valid determination. If no request for an appeal is timely submitted
				  and confirmed by DAL, the individuals right to an administrative appeal is
				  exhausted. DAL will provide notice of the filing of an appeal to the individual
				  requesting an administrative appeal and DCFS.
F. The following provisions shall be
				  applicable to all proceedings related to an administrative appeal request.
1. The administrative appeal hearing will be
				  held in the DCFS region or parish where the justified/valid finding occurred,
				  or in a location designated and agreed upon by all parties and DAL for
				  convenience and accessibility, or as ordered by DAL.
2. Pursuant to
				  R.S.
				  46:56, all proceedings related to an
				  administrative appeal requested pursuant to this section shall be closed to the
				  public.
3. Information that is
				  contained in the record that is considered confidential pursuant to
				  R.S.
				  46:56 shall not be released to the
				  public.
4. Any relevant records
				  and/or reports in individual cases may be released to parties, their counsel,
				  or other legal representative upon the issuance of a discovery order signed by
				  the administrative law judge assigned to the case. Under no circumstances shall
				  any information that could identify the reporter of the abuse or neglect or any
				  other non-discoverable information be released for discovery.
5. DCFS will bear the burden of proving by a
				  preponderance of the evidence that the finding of justified/valid should be
				  upheld.