Richmond, KY asked in Criminal Law, Appeals / Appellate Law, Child Custody and Constitutional Law for Kentucky

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.

2 Lawyer Answers
Timothy Denison
Timothy Denison
  • Criminal Law Lawyer
  • Louisville, KY
  • Licensed in Kentucky

A: Yes. They are required to notice you.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Sacramento, CA

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.

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