Section 465IAC3-2-4. Exceptions to administrative review of an abuse or neglect determination based on court findings

   (a) The department will not schedule a CCWAR or administrative review under this rule, if the alleged perpetrator has been:

(1) found by the court in a child in need of services case to be responsible for child abuse or neglect; or

(2) convicted of a crime, or found to be delinquent in a juvenile delinquency case;

based on the same act or omission that the department determined to be child abuse or neglect.

  (b) In the case of a child care worker or licensed foster parent who is an alleged perpetrator of child abuse or neglect, if the alleged perpetrator is not entitled to an administrative review or hearing after the final action of the court as provided in IC 31-33-26-11 or IC 31-33-26-12, the department may approve the proposed substantiated report without conducting a CCWAR and without prior notice to the alleged perpetrator. (Department of Child Services; 465 IAC 3-2-4; filed Nov 14, 2012, 12:46 p.m.: 20121212-IR-465120404FRA)