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Session Laws, 1999
Volume 796, Page 1892   View pdf image
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(iii) unnatural or perverted sexual practices.

[(v)] (X) "Unsubstantiated" means a finding that there is an insufficient
amount of evidence to support a finding of indicated or ruled out.

5-706.1.

(a) Within 30 days after the completion of an investigation in which there has
been a finding of indicated or unsubstantiated abuse or neglect, the local department
shall notify in writing the person INDIVIDUAL alleged to have abused or neglected a
child:

(1) of the finding; and

(2) [that the person may request an administrative hearing to] OF THE
OPPORTUNITY TO appeal the finding IN ACCORDANCE WITH THIS SECTION; AND

(3) IF THE INDIVIDUAL HAS BEEN FOUND RESPONSIBLE FOR INDICATED
ABUSE OR NEGLECT, THAT THE INDIVIDUAL MAY BE IDENTIFIED IN A CENTRAL
REGISTRY AS RESPONSIBLE FOR ABUSE OR NEGLECT UNDER THE CIRCUMSTANCES
SPECIFIED IN § 5-714(E) OF THIS SUBTITLE.

(b) (1) [A] IN THE CASE OF A FINDING OF INDICATED ABUSE OR NEGLECT,
A person AN INDIVIDUAL may request [an administrative hearing] A CONTESTED
CASE HEARING TO APPEAL THE FINDING IN ACCORDANCE WITH TITLE 10, SUBTITLE
2 OF THE STATE GOVERNMENT ARTICLE by responding to the notice of the local
department of social services in writing within [60] 30 days.

[(c) The local department shall forward all requests for hearings to the Office
of Administrative Hearings within 10 days of receipt.

(d) On receipt of a request for an administrative hearing to appeal and prior to
the hearing, the department shall:

(1) review all records and reports concerning the alleged abuse or
neglect; and

(2) determine whether the finding shall be amended, modified, or
expunged.]

[(e)] (2) Unless the person INDIVIDUAL and the department agree on another
location, [the] A CONTESTED CASE hearing shall be held [in the manner provided
under § 5-706.2 of this subtitle] in the jurisdiction in which the person INDIVIDUAL
alleged to have abused or neglected a child resides.

[(f)] (3) (I) If a criminal proceeding is pending on charges arising out of the
alleged abuse or neglect, the Office of Administrative Hearings shall stay the hearing
until a final disposition is made.

[(g)] (II) If after final disposition of the criminal charge, the person
INDIVIDUAL requesting the hearing is found guilty of any criminal charge arising out
of the alleged abuse or neglect, the Office of Administrative Hearings shall dismiss
the administrative appeal.

 

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Session Laws, 1999
Volume 796, Page 1892   View pdf image
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