§ 12-18-813 - Notice of investigative determination upon satisfaction of due process.
12-18-813. Notice of investigative determination upon satisfaction of due process.
(a) (1) Due process has been satisfied when:
(A) The alleged offender eighteen (18) years of age or older at the time the act or omission occurred was provided written notice of the true investigative determination as required by this chapter but failed to timely request an administrative hearing;
(B) The alleged offender eighteen (18) years of age or older at the time the act or omission occurred timely requested an administrative hearing and a decision has been issued by the administrative law judge; or
(C) The alleged offender was a child at the time the act or omission occurred and the child or his or her legal parent or legal guardian waived the administrative hearing or the administrative law judge issued a decision.
(2) Upon satisfaction of due process, if the investigative determination is true, the alleged offender's name shall be placed in the Child Maltreatment Central Registry.
(b) If the person or agency making the initial notification of suspected child maltreatment is a mandated reporter, the Department of Human Services shall provide to the mandated reporter the following information:
(1) The investigative determination; and
(2) Services offered and provided.
(c) (1) Upon satisfaction of due process and if the investigative determination is true, the department shall provide the local educational agency, specifically the school counselor at the school the maltreated child attends, a report including the name and relationship of the offender to the maltreated child and the services offered or provided by the department to the child.
(2) Upon completion of due process, the department shall provide the local educational agency, specifically the school counselor at the school the maltreated child attends, a report indicating the department's true investigative determination on any child ten (10) years of age or older who is named as the offender in a true report and the services offered or provided by the department to the juvenile offender.
(3) Any local educational agency receiving information under this section from the department shall make this information, if it is a true report, confidential and a part of the child's permanent educational record and shall treat information under this section as educational records are treated under the Family Educational Rights and Privacy Act, 20 U.S.C. 1232g.
(d) (1) Upon satisfaction of due process and if the investigative determination is true, if the offender is engaged in child-related activities or employment and the department has determined that children under the care of the offender appear to be at risk of maltreatment by the offender, the department may notify the following of the investigative determination:
(A) The offender's employer;
(B) A school superintendent, principal, or a person in an equivalent position where the offender is employed;
(C) A person in charge of a paid or volunteer activity; and
(D) Any licensing or registering authority to the extent necessary to carry out its official responsibilities.
(2) The department shall promulgate rules that shall ensure that notification required under this subsection is specifically approved by a responsible manager in the department before the notification is made.
(3) If the department later determines that there is not a preponderance of the evidence indicating that children under the care of the alleged offender appear to be at risk, the department shall immediately notify the previously notified person or entity of that information.
(e) Upon satisfaction of due process, if the victim or offender is in foster care, notification of the investigative determination shall be provided to:
(1) The legal parents, legal guardians, and current foster parents of the victim; and
(2) The attorney ad litem and Court Appointed Special Advocate volunteer of any other children in the same foster home if the maltreatment occurred in the foster home.
(f) Upon satisfaction of due process, notification of the investigative determination shall be provided to the following:
(1) All subjects of the report;
(2) The juvenile division of circuit court if the child has an open dependency-neglect or family in need of services case and the child was named as a victim or offender;
(3) The attorney ad litem;
(4) Any person appointed by the court as the Court Appointed Special Advocate volunteer;
(5) The appropriate multidisciplinary team;
(6) A child safety center if involved in the investigation;
(7) Law enforcement;
(8) The prosecuting attorney in cases of severe maltreatment;
(9) Any licensing or registering authority to the extent necessary to carry out its official responsibilities;
(10) Any department division director or facility director receiving notice of a Child Abuse Hotline report pursuant to this chapter;
(11) Any facility director receiving notice of a Child Abuse Hotline report pursuant to this chapter; and
(12) As required by 21-15-110, the employer of any offender if the offender is in a designated position with a state agency.