Frequently Asked Questions

WHAT HAPPENS AT THE HEARING?

The hearing is like a mini trial. Most of the time it is conducted in an informal setting and there is no reason to be afraid or nervous.

Two questions will be decided at this hearing:

1. Whether it has been shown by a fair preponderance of the evidence that you committed the act or acts or child abuse or maltreatment on which the indicated report is based.

2. Whether the act(s) are relevant and reasonably related to your working with children.

Currently if your hearing arises out of employer’s inquiry,. The hearing does not decide the second question of whether the act is relevant to your working with children. Currently there is separate on-going litigation hoping to change this and to have the question of “relevance” decided for everyone at the hearing.

First Question
Regarding Whether the Acts are True

At the hearing:

1. Everyone who testifies at the hearing will be required to be sworn or may affirm under penalty of perjury.

2. The local Child Protective Service will be required to go first and present evidence to show that the allegations against you are true by a fair preponderance of the evidence they may show this by calling witnesses and presenting documents;

3. You or your attorney may cross examine any witnesses which the Child Protective Service may call

4. After Child protective Service has completed presenting its case you or your attorney will also be permitted to show that the allegations are not true.

5. You may testify as to what happened and after you finish, you may be cross examined.

6. You may also call witnesses to testify as to what happened.

7. You may present statements or affidavits from people who know what happened, although it is highly suggested that they attend the hearing and testify in person.

8. At the conclusion of the haring the Judge will mail you a decision in 30 to 60 days.

Second Question
Regarding Whether the Acts are Relevant to Child Care

Even if the acts is true, you have a right to show that it is not relevant any longer to your working with children.

On this question be prepared to provide the following:

1. Certificate or evidence of completion of programs such as parenting classes, counseling, self help, alcohol and drug rehabilitation programs or any other evidence that shows that you have addressed and corrected the problem.

2. Documents or statements that you have successfully worked with children in the past, such as at a day care, at a school or any other job where you have worked with children.

3. Statements or letters (preferably notarized) from friends, neighbors, school officials, pediatrician or former employers regarding this observation of how you cared for or interacted with children.

4. Any other evidence or documents that would show:

a. That the act was isolated;
b. That the act is unlikely to be repeated;
c. Nature of any injury to the child, i.e., whether serious, minor or one;
d. Any other evidence or documents that show that the allegations are no longer relevant to your working with children.

5. Be prepared to testify that if true you have accepted responsibility for what happened and have corrected the reasons that caused the conduct to occur.

SHOULD I HAVE AN ATTORNEY REPRESENT ME?

It is strongly suggested that you have an attorney.

Considering the serious consequences if you should lose, it is strongly recommended that you have an attorney or other representative to help you at the conference and at the hearing.

WHAT HAPPENS IF I LOSE OR DO NOT ATTEND THE HEARING?

If you do not attend or if you lose at the hearing you will remain listed on the Registry for up to 28 years. It is very likely that if an employer or agency learns that you are on the Register that you may not get the job working with children or will be unable to adopt or become a foster parent. In the event of a divorce, your right to win custody may also be affected.

WHAT HAPPENS IF I WIN AT THE HEARING?

If you are successful at the hearing employers or licensing agencies will be told that you are not listed on the Register.

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Related resources

WHAT IF I WANT MORE INFORMATION?

WHAT DO I DO IF I GET A HEARING?