- (a) The department shall provide written notice to any individual that it determines to be responsible for an incident of abuse or neglect under RSA 169-C prior to the individual’s name being entered on the central registry.
(b) The notice shall set forth:
- (1) The nature of the report, which identifies the type of abuse or neglect;
- (2) The date of the court finding, if applicable;
- (3) The reasons underlying the founded determination;
- (4) The name of the person responsible for the child abuse or neglect;
- (5) The right of the person responsible for the child abuse or neglect to access the department’s case records pursuant to RSA 170-G:8-a;
(6) Any right to challenge the founded determination, as follows:
- a. Submission of an administrative appeal request to challenge the department’s founded determination within 30 days of the receipt of the notice, if the founded determination was not made by a court of jurisdiction;
- b. Submission of an appeal to supreme court within 30 days of a final dispositional order made by a court of jurisdiction in compliance with RSA 169-C:28; or
- c. Persons responsible for child abuse or neglect who have consented in court or signed a non-court agreement waiving any right to challenge the founded determination; and
- (7) The right to petition to have the name of the person responsible for the child abuse or neglect expunged from the central registry pursuant to RSA 169-C:35, V.
(c) The notice shall be provided to the person responsible for the child abuse or neglect by:
- (1) Certified mail return receipt requested at the person’s last known address on file with the department; or
- (2) By serving the person in hand and having the person sign a receipt of service.
- (d) If the person responsible for the child abuse or neglect is a juvenile, or is an adult with a legal guardian, the notice shall be sent to the responsible person’s parent or guardian.
- (e) The failure to request an administrative hearing within 30 days of receipt of the notice shall constitute a waiver of the right to an administrative appeal of the department’s founded determination.
Source. #8594, eff 3-28-06; ss by #10692, eff 10-14-14; ss by #14249, eff 5-20-25, EXPIRES: 5-20-35