§ 12-18-705 - Notice if the alleged offender is ten years of age or older.

12-18-705. Notice if the alleged offender is ten years of age or older.

(a) If the report was determined true and the alleged offender is a child ten (10) years of age or older at the time the act or omission occurred a notice shall be given as provided in this section.

(b) The notice under this section shall be provided as follows:

(1) If the child is in foster care, the Department of Human Services shall notify the child's counsel and the legal parents, legal guardians, and current foster parents of the alleged offender; or

(2) If the child is not in foster care, the department shall notify the legal parents and legal guardians of the alleged offender.

(c) The notice under this section shall include the following:

(1) The investigative determination, excluding data that would identify the person who made the report to the Child Abuse Hotline;

(2) A statement that the matter has been referred for an automatic administrative hearing that may only be waived by the alleged juvenile offender or his or her parent or legal guardian in writing;

(3) The potential consequences to the alleged juvenile offender if the juvenile offender's name is placed in the Child Maltreatment Central Registry;

(4) A statement that the person has a right to have an attorney and if the person cannot afford an attorney to contact Legal Services;

(5) A statement that if the person's name is placed on the registry, the person's name may be automatically removed after one (1) year or the person may be able to petition for removal after one (1) year, depending on the finding;

(6) A statement that the administrative hearing may take place in person if requested by the alleged juvenile offender, the alleged juvenile offender's parent or guardian, or the alleged offender's attorney within thirty (30) days from the date that the alleged juvenile offender receives notification under this section; and

(7) The name of the person making the notification to the alleged juvenile offender, his or her title or position, and current contact information.