Local Child Abuse Neglect Administrative Review

Circuit Manager or OHI Unit Supervisor shall receive request, via CS-21 or other written notification, from the alleged perpetrator for an local administrative review. The FACES Appeal Screen must be updated by staff upon receipt of a request for an administrative review.  The Appeal Screen should be updated within five (5) working days of receiving the request.  Failure to update this screen promptly will result in the system automatically updating to “Final Determination”, at sixty (60) days from the initial conclusion at which time the results will be added to the Child Abuse/Neglect Central Registry.

The county level administrative review is:

• An independent review of documents by the circuit manager; and
• A review of the evidence in the case to assure that the conclusion reached during the investigation was the correct conclusion. 

The circuit manager is encouraged to consult with regional staff as needed during the review process.

Administrative reviews must be completed within ten (10) working days from when the request was received.

If a request for a review is not postmarked within within sixty (60) (allowing three (3) days for receipt of the CS-21 by the alleged perpetrator), return same to the alleged perpetrator indicating time frames were not met and the request for an Administrative Review is rejected.

Review the investigation record pertaining to the investigation being appealed and any other appropriate material and determine if the Division's finding was correct.

Administrative Review Reverses POE

If the decision is to reverse the Division's determination, the following should be completed within (10) ten working days:

1. Change investigative conclusion on FACES Conclusion, screen from "POE" to "unsubstantiated" deleting worker findings and severity;
2. Update the individual conclusion on the Participant Characteristics screen from "POE" to "Unsubstantiated" deleting worker findings and severity; and
3. When a preliminary substantiated finding has been reversed do not change the conclusion date.  The system should reflect the conclusion date of the original determination of the investigation;  
4. Update the Appeals screen with the appropriate determination.   
5. Send out new CS-21s to all parties that received the initial CS-21.  Staff will change the finding on the CS-21 to unsubstantiated and in the field under "this determination is based on the following facts discovered during the investigation."  Staff should include the statement:

   "This case has been reviewed and the previous finding has been overturned.  This case is unsubstantiated."

6. File a copy of all notification letters in the case record; and
7. Enter summary in case record.

Multiple Perpetrators with Different Findings -  If there is more than one alleged perpetrator, the conclusion may still be "Preponderance of Evidence" involving the other alleged perpetrator.  In this situation, the case would not be destroyed.  However, notify the person who requested the review, that they are no longer an alleged perpetrator.

FCS/AC Records Opened as a Result of POE Finding -   If a Family-Centered Services record or alternative care record was opened as a result of this incident, the case record should be reviewed and any reference to a "Preponderance of Evidence" finding deleted.

Notify Prosecuting/Circuit Attorney of Reversal - Circuit Manager/OHI Unit Supervisor shall advise prosecuting attorney/circuit attorney of the decision to reverse the finding if criminal proceedings are pending/underway against the alleged perpetrator.

Administrative Review Upholds POE

If the decision is to uphold the finding, send request for review within ten (10) working days to CANRB liaison, with copy of the investigation record and all relevant materials.  The CPS-1 form must be typed.

Prior to the Circuit Manager forwarding the request to the CANRB, he/she will review the case to determine whether the finding was appropriate.  The CANRB will review Division records, and will hold a review, which may include the presentations of witnesses.  The review should determine if the investigator(s) documented sufficiently by a “Preponderance of Evidence” that abuse or neglect occurred. 

The Child Abuse/Neglect Review Board (CANRB)

The CANRB liaison shall be responsible for the following:

• Notify county and area office of scheduled date for the CANRB hearing.
• Provide CANRB members with copies of all relevant materials and notice of the hearing at least ten (10) working days prior to the review.
• Send written notice of the hearing to all participants (alleged perpetrator, Circuit Manager, Regional Office, the victim child and his/her representative, and the CANRB) at least ten (10) days prior to the hearing date.  If the victim child lives with the alleged perpetrator, send notification to the child in care of the alleged perpetrator.  If the child is in alternative care, send the notification to the child’s worker. 
• Coordinate all other activities regarding the scheduling of the review.
• Conduct review and allow presentation as follows:

NOTE: The CANRB proceeding will be tape recorded for the record. 

• Summary and reasons for conclusion of "Preponderance of Evidence" (citing policy and procedure) from appropriate CD County and Regional staff and/or legal counsel;
• Incident presentation by witnesses for CD.
  • Summary of the facts to be presented by the child or his/her representative or witness(es).
  • Summary of the reason for disagreement by the alleged perpetrator and/or legal counsel or a representative of the alleged perpetrator's choosing;

NOTE:  The alleged perpetrator's, nor is the child and his/her witness, presence is required for a review to be conducted.  He/She may submit a written statement.

• Presentation by witness(es) for the alleged perpetrator.
  • CANRB may ask questions and request clarifying information from both parties.
• The CANRB chairperson advises all parties that CANRB will review the information.

The CANRB will review and discuss all relevant materials and testimony.  The CANRB shall vote individually on CANRB recommendation.

The CANRB chairperson shall submit written decision to the CANRB liaison on the date of the review and shall send a written decision to all parties within two (2) working days of the CANRB decision.

CANRB Reverses POE

If the decision is to reverse the Division's determination, the CANRB staff will complete the following within two (2) working days:

NOTE:  If a Family-Centered Services record or alternative care record was opened as a result of this incident, the case record should be reviewed and any reference to a "Preponderance of Evidence" finding should be deleted.

NOTE:  If there is more than one alleged perpetrator, the conclusion may still be "Preponderance of Evidence" involving the other alleged perpetrator.  In this situation, the case would not be destroyed.  However, notify the person who requested the review, that they are no longer an alleged perpetrator.

4.5.1 CANRB Guidelines

Child Abuse and Neglect Review Board(s) will provide an independent review of child abuse and neglect determinations where the alleged perpetrator disagrees with the Division's finding by “preponderance of evidence” (POE) abuse or neglect occurred.

1. The board shall consist of nine members who shall be appointed by the governor with the advice and consent of the senate, and shall include:
   • A physician, nurse, or other medical professional;
   • A licensed child or family psychologist, counselor, or social worker;
   • An attorney who has acted as a Guardian ad Litem or other attorney who has represented a subject of a child abuse and neglect report; and
   • A representative from law enforcement or a juvenile office.

   Other members of the board may be selected from:

   • A person from another profession or field who has an interest in child abuse or neglect;
   • A college or university professor or elementary or secondary teacher;
   • A child advocate;
   • A parent, foster parent or grandparent.
2. The following persons may participate in a Child Abuse and Neglect Review Board review:
   • Appropriate Children’s Division staff and legal counsel for the Department;
   • The alleged perpetrator, who may be represented pro se or be represented by legal counsel.  The alleged perpetrator’s presence is not required for the review to be conducted.  The alleged perpetrator may submit a written statement for the board’s consideration in lieu of personal appearance;
   • Witnesses providing information on behalf of the child, the alleged perpetrator or the Department.  Witnesses shall be allowed to attend only that portion of the review in which they are presenting information; and
   • The victim(s) (if appropriate) and his/her representative or witness.
3. The members of the CANRB will convene monthly.  The members of CANRB will receive reimbursement for reasonable expenses associated with CANRB business, but will not receive compensation for the performance of their duties.

Guidelines For Circuit Manager And CANRB For Determining Whether POE Findings Should Be Upheld Or Reversed:

• The investigator(s) interviewed all subjects of the reported child abuse and neglect incident, i.e., child(ren), parent(s) and alleged perpetrator, and the factual content of same is recorded in the case record;
• The observations of the child's condition in relation to the allegation and the child's statement, if appropriate, were recorded factually in the case record;
• Witnesses and/or collateral were contacted and their statements were recorded factually in the record.  Do their statements corroborate information provided by the subject(s) and/or investigator's observations;
• Physical evidence of abuse/neglect was discovered, described in detail and the location of said evidence is recorded in the record;
• The health and well-being of the child(ren) was clearly negatively affected by the act(s) of omission or commission of the alleged perpetrator;
• The verbal and physical evidence documented by the investigator, by a “Preponderance of Evidence” clearly supports the finding; and,
• The alleged perpetrator is unable to provide sufficient evidence, which indicates that the finding should be reversed.

NOTE: Staff should ensure that conclusion code "A" (Court Adjudicated) has been entered on the FACES Conclusion and Participant Characteristic Screens and the conclusion date has been changed to reflect the date of the court determination for all "Court Adjudicated" cases. It is imperative that the conclusion status is updated in the FACES system in an accurate and timely manner, as appeal actions are critically affected by this information. 

If prior to the county level review, the Circuit Manager determines that the alleged perpetrator is not eligible for any further administrative review the alleged perpetrator shall be notified by the county office in writing. 

If following the county level review, but prior to the Child Abuse/Neglect Review Board (CANRB) review, the county office determines that the alleged perpetrator in not eligible for CANRB, the county office must immediately notify the CANRB liaison.  The CANRB liaison will then notify the alleged perpetrator that they are not eligible for a CANRB review.

These guidelines are not all-inclusive.  The CANRB should also consider the Child Abuse Law and his/her best professional judgment in reviewing child abuse and neglect cases.  The primary purpose of the review is to determine if the Division had sufficient evidence to determine by a "Preponderance of Evidence" that child abuse or neglect occurred.