Code of Massachusetts Regulations
110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES
Title 110 CMR 10.00 - Fair Hearing And Grievances
Section 10.05 - Standards for Review
Current through Register 1531, September 27, 2024
A Fair Hearing shall address whether, based upon the evidence and the hearing record as a whole:
(a) the Department's or Provider's decision or procedural action violated applicable statutory or regulatory requirements, including but not limited to 110 CMR, or the Department's or Provider's policies or procedures, and resulted in substantial prejudice to the Appellant; or
(b) if there is no applicable statute, policy, regulation or procedure, the Department or Provider failed to act with a reasonable basis or in a reasonable manner which resulted in substantial prejudice to the Appellant;
(c) for a decision to support a report of abuse or neglect, whether based on the record as a whole, and giving due weight to the clinical judgments of the Department social workers, there is reasonable cause to believe that a child has been abused or neglected; or
(d) for a decision to list a person on the registry of alleged perpetrators, whether based on the record as a whole, there is substantial evidence that the person is responsible for the abuse or neglect.
