12 CCR 2518-1-30.910 - NOTICE TO THE SUBSTANTIATED PERPETRATOR OF MISTREATMENT

A. Beginning July 1, 2018, the county department shall notify perpetrator(s) substantiated in cases involving mistreatment of an at-risk adult of the finding via first class mail to their last known mailing address, as documented in CAPS, using a form approved by the State Department. Notice shall be mailed no later than ten (10) calendar days following the date of finding on the perpetrator. A copy of the notice showing the date the notice was mailed shall be maintained in CAPS.

B. At a minimum, the notice shall include the following information:

1. Type of mistreatment and severity level, name of the county department that conducted the investigation, date the finding was made in CAPS, and information concerning individuals or agencies that have access to the information.

2. The circumstances under which information contained in CAPS will be provided to other individuals or agencies.

3. The right of the substantiated perpetrator to request a state level appeal, as set forth in Section 30.920, and the State approved appeal form.

4. Notice that the scope of an appeal is limited to challenges that the finding(s) are not supported by a preponderance of the evidence or that the actions substantiated as mistreatment do not meet the legal definition of mistreatment. The State Department will be responsible for defending the determination at the state level fair hearing.

5. An explanation of appeal options and deadlines contained in Section 30.920.

C. In the event that a notice regarding a substantiated finding was sent to an alleged perpetrator in error, the county department shall correct the finding in CAPS, as outlined in Section 30.520.B, and notify the alleged perpetrator of the correction as soon as possible, but no later than ten (10) calendar days from the discovery of the error.

D. Information contained in CAPS records related to a person who has been substantiated in a case of mistreatment of an at-risk adult prior to July 1, 2018 shall be expunged and shall not be released for the purposes of notification or a CAPS check. The State Department and county departments may maintain such information in CAPS to assist in future risk and safety assessments.

Notes

12 CCR 2518-1-30.910

37 CR 15, August 10, 2014, effective 9/1/2014 40 CR 01, January 10, 2017, effective 2/1/2017 41 CR 05, March 10, 2018, effective 4/1/2018 41 CR 09, May 10, 2018, effective 6/1/2018 41 CR 13, July 10, 2018, effective 7/30/2018 42 CR 17, September 10, 2019, effective 10/1/2019 42 CR 23, December 10, 2019, effective 12/30/2019 43 CR 13, July 10, 2020, effective 8/1/2020 43 CR 21, November 10, 2020, effective 11/30/2020 44 CR 11, June 10, 2021, effective 6/30/2021 45 CR 03, February 10, 2022, effective 3/2/2022 45 CR 19, October 10, 2022, effective 11/1/2022