1.7 Request for Appeal of a Substantiated Child Abuse or Neglect Finding
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1.7 Request for Appeal of a Substantiated Child Abuse or Neglect Finding

(2/1/22)

Authority:Authority:

AS 44.64.060                                Procedure for Hearings

AS 47.06.010                                Duties of Department

AS 47.17                                        Child Protection

2 AAC 64.100-370                        Hearing Procedures

7 AAC 54.010 - 7 AAC 54.150     Privacy of Client Records: Child Protection Services.

45 CFR 205.10                               Hearings

45 CFR 1355.20                             Definitions (Title IV-E)

45 CFR 1355.30(p)                        Other Applicable Regulations (Title IV-E)

Purpose:Purpose: 

To provide a fair hearing process, an alleged perpetrator of maltreatment may request a review of a decision made by the Office of Children’s Services (OCS) regarding notice of alleged child maltreatment decision and placement on the Child Protection Registry.

Background Information:Background Information:

Federal Law and Regulations:  

  1. Hearing procedures shall be issued and publicized by the State agency.

  2. The hearing shall be conducted at a Reasonable Time, date, and place, and adequate preliminary written notice shall be given.

  3. Hearings shall be conducted by an impartial official(s) or designee of the agency. Under this requirement, the hearing official(s) or designee shall not have been directly involved in the initial determination of the action in question.

  4. Recommendations or decisions of the hearing officer or panel shall be based exclusively on the evidence and other material introduced at the hearing.

State Law:

  1. When an agency receives a request for a hearing that is subject to AS 44.64.030, the agency shall, within 10 days and in writing, deny the request for reasons provided by law or grant the request and refer the case to the office. The agency shall immediately give notice of the denial or referral to the requesters and the office.

  2. The Department shall maintain a child protection registry of all investigation reports, including substantiated findings under AS 47.10 or AS 47.17.

  3. Before a substantiated finding may be placed on the child protection registry and provided as part of a civil history check under AS 47.06.010.325, the Department shall provide the applicant notice of the finding and an opportunity to appeal the finding.

 

Policy:

Request for Appeal of a Substantiated Child Abuse or Neglect Finding (Through the Administrative Hearings under Alaska Statute 44.64):

  1. A Notice of Alleged Child Maltreatment Decision and Case Status and Placement on the Child Protection Registry is sent when a decision is made on a claim of child abuse and neglect.

    1. An individual who has been alleged of child maltreatment who wants to seek a hearing must request a hearing no later than 30 days after the Department’s decision was sent. The request may be made by:

      1. electronic mail;

      2. facsimile transmission; or

      3. in writing to the community relations manager or designee.

    2. The individual alleged to have conducted child maltreatment who is appealing the Department’s decision of placement on the Child Protection Registry will be referred to as the Appellant.

      1. The appellant’s request for hearing must include contact information to include a current phone number, mailing address, email address if applicable, and attorney’s information if applicable.

      2. The request may also include the reasons the appellant believes the Department’s finding to be in error and may be accompanied by any relevant documentation to support those reasons.

    3. If a request for an appeal of a substantiated finding of child abuse or neglect is not made within 30 days from when the notice was sent, the finding will:

      1. Become a final department decision, and

      2. Be placed on the child protection registry.

  2. At any time during a request for a hearing, the appellant may be represented by an attorney, may have the support of an advocate, or may be self-represented.

  3. When the Department receives a Request for Appeal of a Substantiated Child Abuse or Neglect Finding within 30 days of the notice being sent, the request will be referred to the Office of Administrative Hearings within ten days of receipt of the request.

    1. The request may not be referred to the Office of Administrative Hearings within the 10-day requirement if:

      1. The request for appeal was received after the 30-day timeframe; and

      2. The Maltreatment Substantiation Unit or designee’s review of the appeal results in a decision to overturn the maltreatment finding.

  4. If a Request for Appeal of a Substantiated Child Abuse or Neglect Finding is received by the Department 30 days after the notice being sent, the request may not be referred to the Office of Administrative Hearings for hearing.

    1. The request will be reviewed for just cause or mitigating circumstances for a late submission.

    2. Any determinations for non-referral to the Office of Administrative Hearings will be accompanied by a right to appeal the decision.

    3. Appellant will have 30 days to appeal non-referral decisions based on timelines.