Sec. 07.02.26.08. Unsubstantiated Child Abuse or Neglect — Conference

A. Within 10 days of receiving a request for a conference, the local department shall:

(1) Schedule a conference to occur at the local department within 30 days of the local department receiving the conference request; and

(2) Send notice to the appellant that includes the:

(a) Date and time of the conference; and

(b) Procedures for the conference.

B. The conference shall be attended by:

(1) The appellant;

(2) A local department supervisor; and

(3) Other local department staff as designated by the local department.

C. Redacted Record. At the conference, the local department:

(1) Shall permit the appellant to review the redacted record in the presence of a local department supervisor; and

(2) May give the appellant a copy of the redacted record.

D. The supervisor attending the conference shall explain to the appellant:

(1) The local department's finding;

(2) The basis for the finding;

(3) The purpose of the conference, including allowing the appellant to have an opportunity to request:

(a) That the record, including the finding, be modified; and

(b) That the record be supplemented by information the appellant provides.

(4) The appellant's right to appeal the outcome of the conference in accordance with Regulation .09B and C of this chapter; and

(5) The possible modification of the finding to indicated or ruled out child abuse or neglect as a result of a requested hearing.

E. Summary. Within 10 days of the conference, the local department shall send to the appellant a written summary of the conference including:

(1) Any modifications the local department will make to the record or finding;

(2) A description of any information the local department will add to the record; and

(3) If the finding has not been changed, a contested case hearing request form and procedures for appealing the finding of the unsubstantiated child abuse or neglect conference in accordance with this chapter.

F. If an appellant fails to appear for a scheduled conference and within 5 business days does not show good cause for failing to appear, the local department shall advise the appellant in writing that:

(1) The appeal is terminated; and

(2) The appellant may not request a hearing to appeal the local department's finding of unsubstantiated child abuse or neglect but may request a hearing to appeal the local department's decision that the appellant did not show good cause for failing to appear at the scheduled conference.