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07.02.07.10

.10 Identification of Alleged Abuser or Alleged Neglector.

A. Except as provided in this chapter, if a local department completes an investigation with a finding of indicated or unsubstantiated child abuse or neglect, it shall identify an alleged abuser or neglector.

B. If a local department completes an investigation with a finding of ruled out child abuse or neglect, it may not identify an individual as an alleged abuser or alleged neglector.

C. The local department may not identify an individual as an alleged abuser or neglector if it has insufficient evidence to determine, by a preponderance of the evidence, who is responsible for the alleged abuse or neglect.

D. If a child, other than the parent of a victim, is responsible for causing an injury or was involved in a sexual act toward another child, the local department may consider the following factors in determining whether to identify the child perpetrator as an alleged abuser:

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

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

(3) The psychological condition of each child;

(4) The alleged abuser's use of coercion, cruelty, or violence; and

(5) Whether the act was inappropriate for the developmental level of each child.

E. More than one individual may be identified as an alleged abuser or alleged neglector if more than one:

(1) Parent, caretaker, or household or family member is involved in the abuse of a child; or

(2) Parent or caretaker is involved in the neglect of a child.

F. The standard of proof required for a determination that an individual is an alleged abuser or alleged neglector is a preponderance of the evidence and not beyond a reasonable doubt as required for a criminal conviction.

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