Section 465IAC3-3-7. Stay of administrative hearing on substantiation of child abuse or neglect

   (a) If a court having jurisdiction over a child in need of services case under IC 31-34 is anticipated to determine whether child abuse or neglect occurred, or an individual named in a report of child abuse or neglect is a perpetrator, a request for an administrative hearing filed by that individual shall be stayed in accordance with IC 31-33-26-11.

  (b) If a criminal charge or juvenile delinquency petition has been filed against an individual identified as a perpetrator, based on the facts and circumstances on which a report of child abuse or neglect was classified as substantiated, a request for an administrative hearing filed by that individual shall be stayed until the petition or charges have been disposed of by the court having jurisdiction.

  (c) If, under IC 31-34-8-1 or IC 31-37-9-1, a program of informal adjustment (IA) has been filed, based on the facts and circumstances on which a report of child abuse or neglect was classified as substantiated, and the IA is pending under the jurisdiction of a juvenile court, a request for administrative hearing filed by an individual who is participating in the IA will be stayed until the court no longer retains jurisdiction over the IA proceeding, in accordance with IC 31-33-26-11.

  (d) If the department has received notification from a prosecutor that criminal charges are under review based on the same facts and circumstances that resulted in the classification of allegations as substantiated against the individual requesting administrative hearing, the request shall be stayed until the prosecutor no longer asserts that criminal charges are under review.

  (e) During a stay of an administrative hearing, a substantiated report will remain in the child protection index.

  (f) A party must submit to the department the following documents in order to request that a hearing be scheduled following a stay of the original hearing under this section:

(1) A written request to schedule an administrative hearing.

(2) Documentation establishing that:

(A) the issues relating to the facts and circumstances of the substantiated report have been resolved in a court proceeding;

(B) the court no longer retains jurisdiction over the matter; or

(C) if court proceedings have not been commenced, the prosecutor does not assert that criminal charges are under review.

  (g) The request for hearing on a stayed matter must be submitted to the department hearings and appeals unit within thirty (30) days after one (1) of the following events has occurred, consistent with the reason for the stay:

(1) A dispositional decree or order of dismissal is entered in a child in need of services or juvenile delinquency case.

(2) An order of dismissal or discharge is entered in a juvenile court case in which the court approved a program of informal adjustment.

(3) Final adjudication or dismissal in a criminal case.

(4) The appellant received notice that the prosecutor no longer asserts that criminal charges are under review.

If the request is not received timely, the request for hearing may be dismissed.

  (h) A request for scheduling of an administrative hearing that has been stayed will not be granted, and the original request for administrative hearing will be dismissed, if the alleged perpetrator no longer is entitled to an administrative hearing as provided in IC 31-33-26-8, IC 31-33-26-11, or IC 31-33-26-12. (Department of Child Services; 465 IAC 3-3-7; filed Nov 14, 2012, 12:46 p.m.: 20121212-IR-465120404FRA)