Q: Is DCBS required to notify me of a substantiated case finding against me?
I have just been informed by a potential employer that my name is on the Child Abuse Registry, apparently due to a substantiated DCBS case filed against me 5 years ago for Abandonment & Supervision Neglect. DCBS never notified me of this substantiation and never attempted to remove my child from my care and custody at the time of investigation nor at any time since then. The related charge of Endangering the Welfare of a Minor Child was dismissed from court and has since been expunged.
A:
If you have discovered that your name is on the Child Abuse Registry due to a substantiated case by DCBS (Department for Community Based Services) that you were not previously notified about, it's important to address this issue directly with DCBS. Generally, agencies are required to notify individuals when they are the subject of an investigation that results in a substantiation, especially if it affects their record and rights. This notification is crucial as it allows the individual the opportunity to respond, challenge the findings, or seek appropriate remedies.
In your case, since you mentioned that you were not informed about this substantiation and your related criminal charge was dismissed and expunged, you may have grounds to request a review or appeal of the DCBS finding. It’s advisable to contact DCBS or a related state agency to obtain all relevant documents and understand the basis of their decision. You should inquire specifically about the process they followed in your case and why you were not notified.
Given the impact this finding has on your employment opportunities, consulting with a legal professional who has experience in family law or administrative law might be very beneficial. They can provide guidance on how to proceed with challenging the registry entry or correcting any inaccuracies in your case. It’s important to act swiftly to address this issue to prevent further negative consequences on your professional and personal life.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
