Under Louisiana law, when individuals are notified by the Department of Children and Family Services (DCFS) that they have been identified as responsible for a valid incident of child abuse or neglect, they are entitled to appeal the accuracy of the decision to an impartial decision maker. The Division of Administrative Law (DAL) is the agency responsible for conducting administrative appeals for DCFS. The DAL is staffed with Administrative Law Judges (ALJs) who conduct the appeal hearings.
Validated findings can have several consequences. For example, one consequence is being maintained on the repository that DCFS keeps of all reports of child abuse and neglect. This repository includes all reports made to DCFS of suspected child abuse and neglect, along with investigative findings of Justified (or Valid), Invalid, Inconclusive, Unable to Locate, Client Non-Cooperative and False Reports.
Another possible consequence is being in the State Central Registry (SCR). DCFS maintains this listing of individuals who are found to be a perpetrator of certain valid allegations of child abuse and neglect. Whether or not an individual is placed on the SCR and the length that they will remain on the registry is determined by the nature and severity of the allegations.
Our speakers will provide information on the process for appealing validated incidents of child abuse or neglect.
Learning Objectives:
- Learn about the consequences of being identified as responsible for a valid incident of child abuse or neglect.
- Become familiar with the administrative process involved in an appeal for validated findings.
SPEAKERS:
James Hoffman, JD, Attorney Supervisor, Department of Children and Family Services
James Hoffman is a 2001 graduate of Louisiana State University with a B.S. in Finance and a 2004 graduate of the Paul Hebert Law Center at Louisiana State University. Mr. Hoffman began his legal career with the Louisiana Department of Health and Hospitals in 2005. In 2007, he joined the Department of Social Services, now the Department of Children and Family Services as a staff attorney in State Office. In that role, he had various responsibilities ranging from handling Termination of Parental Rights cases in the Baton Rouge region to reviewing policy and contracts in state office. In 2018, he became an attorney supervisor of the due process section of the Bureau of General Counsel where he oversees the handling of administrative appeals of child abuse and/or neglect findings.
Heriot Thorpe, Child Welfare Manager, Department of Children and Family Services
Ms. Thorpe serves as a Child Welfare Consultant for the Louisiana Department of Children and Family Services in Region 3 – Covington.
