Sec. 07.02.07.10. Identification of Alleged Maltreator

A. Except as provided in §C of this regulation, when a local department completes an investigation with a finding of indicated or unsubstantiated child abuse or neglect, the local department shall identify a maltreator.

B. If a local department completes an investigation with a finding of ruled out child abuse or neglect, the local department may not identify a maltreator.

C. A local department may not identify a maltreator in a case of indicated or unsubstantiated child abuse or neglect if the evidence is insufficient to identify:

(1) A parent, caregiver, authority figure, or household or family member of the alleged victim responsible for child physical abuse or child abuse with mental injury;

(2) A parent, caregiver, authority figure, or household or family member of the alleged victim, or sex trafficker responsible for child sexual abuse; or

(3) A parent or caregiver of the alleged victim responsible for child neglect or child neglect with mental injury.

D. If a child, other than the parent of a victim, is the alleged maltreator, the local department may consider the following factors in determining whether to identify the child as responsible for indicated or unsubstantiated child abuse or neglect:

(1) The age and developmental level of the alleged victim;

(2) The age and developmental level of the alleged maltreator;

(3) The appropriateness of the alleged act of abuse or neglect for the age and developmental level of each child;

(4) The psychological condition of each child;

(5) The alleged maltreator’s use of coercion, cruelty, violence, or lack of regard for the safety or welfare of the alleged victim;

(6) The likelihood of the alleged maltreator committing further child abuse or neglect; and

(7) The availability and likely success of services to minimize the risk of future maltreatment.

E. More than one individual may be identified as responsible for child abuse or neglect if more than one:

(1) Parent, caregiver, authority figure, or household or family member of the alleged victim, or sex trafficker was more likely than not responsible for the abuse of a child; or

(2) Parent or caregiver of the alleged victim was more likely than not responsible for the neglect of a child.

F. The standard of proof required for a determination that an individual is responsible for child abuse or neglect is a preponderance of the evidence and not beyond a reasonable doubt as required for a criminal conviction.