4.5.3 Judicial Review
The Regional Director or designee may receive notification that an alleged perpetrator has appealed the agency's decision to the circuit court. A Judicial Review may only occur following a CANRB review.
If the alleged perpetrator is aggrieved by the decision of the CANRB, the alleged perpetrator may seek de novo judicial review within sixty (60) days from receiving the CANRB decision from the following:
- The circuit court in the county in which the alleged perpetrator resides;
- In circuits with split venue, in the venue in which the alleged perpetrator resides, or in Cole County;
- If the alleged perpetrator is not a resident of the state, proper venue shall be in Cole County.
- The case may be assigned to the family court division where such a division has been established.
The term "de novo" means "anew", therefore in a Judicial Review, the facts and evidence of the case must be heard and judged as if it were a brand new case. The circuit court shall provide the alleged perpetrator the opportunity to appear and present testimony. The alleged perpetrator may subpoena any witnesses except the alleged victim or the reporter. However, the circuit court shall have the discretion to allow the parties to submit the case upon a stipulated record.
If the agency's decision is reversed, the following should be completed within (10) ten working days:
The Regional Director/designee shall review the case and determine whether or not the agency should contest the finding of the court.
- If it is determined that the Division should contest the decision, refer the case to Children's Division Director’s Office, who will review and, if appropriate, refer to Legal Services.
- If the case is contested and the agency's decision is upheld in writing by the court of jurisdiction, the case will remain open.
If the Division accepts the reversal:
- Change the investigative conclusion on the FACES Conclusion and Participant Characteristic Screens to the appropriate finding, including worker's findings and severity, as indicated;
- Do not change the conclusion date. The system should reflect the conclusion date of the original determination of the investigation.
- Send CS-21 to all individuals who received an initial CS-21 and put copies of all CS-21s in the case record; and
- Enter summary in the case record.
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.