Code of Maine Rules
10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES
148 - OFFICE OF CHILD AND FAMILY SERVICES
Chapter 201 - PROCEDURES FOR THE CHILD ABUSE OR NEGLECT FINDINGS, APPEALS FROM FINDINGS, AND APPEALS FROM DENIAL OF ACCESS TO CERTAIN CONFIDENTIAL RECORDS
Section 148-201-V - DEFINITIONS
Current through 2024-13, March 27, 2024
Any terms defined or used in Maine Revised Statutes, Title 22, section 4002, have the same meaning when used in these rules, except to the extent modified in these rules.
For the purpose of these rules, the following terms have the following meanings:
A. Administrative hearing means a hearing conducted in accordance with the Department of Health and Human Services Administrative Hearings Regulations and these rules, as such regulations and rules are amended from time to time.
B. Appeal means the two-stage procedure described in these rules. The first stage is a paper review. The second stage is an administrative hearing.
C. Appellant means a substantiated or indicated person who has begun the process of appealing the finding.
C-1. Collateral consequences means
D. Department means the Maine Department of Health and Human Services.
E. Finding means the Department's conclusion that an individual is substantiated, indicated, or unsubstantiated for abuse or neglect of a child.
F. Good cause means (1) failure of the appellant to actually receive notice of the finding, unless the appellant has moved and has not notified the Department of his or her new address after being informed of the obligation to do so, or (2) reasons beyond the control of the individual.
G. Hearing officer means an administrative hearing officer who has received specialized training in child abuse and neglect.
H. Indicated means a finding made by the Department that an individual or legal entity was a person responsible for a child who was subjected to abuse or neglect, that the abuse or neglect was of low to moderate severity, and that the individual or legal entity poses no further threat of harm to children for whom the person might be responsible through employment or volunteer activities.
I. Paper review means a review by a reviewer of all relevant Department records related to the finding and all relevant written information submitted by the appellant.
J. Person responsible for the child has the meaning given it in 22 M.R.S.A. §4002(9), with the following interpretation. A "person responsible for the child" is any person who has responsibility to supervise and protect a child from harm. Without limiting the generality of the definition or interpretation of the term, the following persons are deemed to be persons responsible for the child:
K. Privileged records means information in the Department's records that the Department is not required to provide to an appellant because it is (a) information in the record that is confidential or privileged pursuant to State or Federal law; (b) information that the Department reasonably believes would increase the risk of harm to a child if provided to the appellant; or (c) information or documents created by the person conducting the Paper Review.
L. Receipt of notice means that a person is deemed to have received a notice or mailing that the Department sends to the person on the earliest of the following dates:
M. Relevant records means all records, relating to the substantiated or indicated person, from the file under which the finding is entered, and all exculpatory information known to the Department, whether or not that information is in the file under which the finding is entered. Relevant Records specifically excludes any documents created by the person conducting the Paper Review and excludes records of any communications between the person conducting the Paper Review and any other person within the Department, as such communications are for the purpose of quality assurance and program improvement.
N. Reviewer means an employee of the Department who is specially trained to review findings and who has not had knowledge of the case prior to the Paper Review.
O. Substantiated means an administrative finding made by the Department that an individual or legal entity was the person responsible for a child who was subjected to abuse or neglect where either (1) the abuse or neglect was of high severity or (2) the individual or legal entity poses a threat of harm to children for whom the individual or legal entity may become responsible through employment or volunteer activities.
P. Unsubstantiated means an administrative finding made by the Department that there is insufficient evidence to support the allegation that an individual or entity who was a person responsible for the child subjected that child to abuse or neglect.