Rules & Regulations of the State of Tennessee
Title 0250 - Children's Services
Subtitle 0250-07 - Social Services Division
Chapter 0250-07-09 - CLASSIFICATION AND REVIEW OF REPORTS OF CHILD ABUSE/NEGLECT AND DUE PROCESS PROCEDURES FOR RELEASE OF CHILD ABUSE/NEGLECT RECORDS
Section 0250-07-09-.08 - ALLEGED PERPETRATORS WITH CURRENT ACCESS TO CHILDREN; EMERGENCY NOTIFICATION

(1) The provisions of this Rule apply to individuals classified as perpetrators of any form of abuse or neglect in a substantiated report who pose an immediate threat to the health, safety, or welfare of a child or children to whom the alleged perpetrator has access.

(2) As soon as reasonably possible, the Commissioner's designee shall conduct an emergency file review to determine if an individual identified in a substantiated report as a perpetrator of any form of abuse or neglect poses an immediate threat to the health, safety, or welfare of a child or children to whom the individual has access.

(3) In completing an emergency file review, the Commissioner's designee shall determine whether the substantiated report should be upheld, and whether there is an immediate threat to the health, safety, or welfare of a child or children to whom the alleged perpetrator has access.

(4) As soon as reasonably possible, the Department shall notify in writing both the alleged perpetrator and the organization or person with whom the individual is associated, if the Commissioner's designee determines the alleged perpetrator poses an immediate threat to the health, safety, or welfare of a child or children to whom the individual has access.

(5) If the individual fails timely to request a hearing absent good cause, the individual shall waive his or her right to a hearing. The Department's substantiated report regarding the individual shall then be available for dissemination, in accordance with these rules, to any associated organization or associated person and the individual's identity shall be placed in the registry. The Department must receive the request for a hearing within the time frame set out in Rule 0250-07-09-.09(2) for the request to be considered timely.

(6) If the individual timely requests a hearing, pursuant to Rule 0250-07-09-.09(2), the Department shall follow the procedures set forth in Rule 0250-07-09-.09(4).