Appealing an 'Indicated' DCYF Finding: A Guide for Teachers and Nurses in NH
A founded DCYF finding places you on the NH Central Registry under N.H. Rev. Stat. Ann. § 169-C:35. For teachers and nurses, this can destroy a career. You must act quickly to request a formal administrative appeal before the deadline expires.
When a professional who works closely with children is accused of abuse or neglect, the stakes are incredibly high. For teachers in Derry, daycare workers in Salem, and pediatric nurses in Lebanon, a New Hampshire Division for Children, Youth and Families (DCYF) investigation is a nightmare scenario. If the agency investigates and concludes with a founded finding, it means they believe abuse or neglect occurred. You do not necessarily have to be convicted of a crime to suffer the professional consequences.
Being slapped with a founded report means your name will be entered into the state's Central Registry of founded reports. Because your career requires background checks, appearing on this registry can result in the immediate suspension or revocation of your professional license, effectively ending your livelihood. Fortunately, you have a constitutional right to challenge this finding. The administrative appeal process is your primary opportunity to clear your name, protect your career, and remove yourself from the registry.
How a Founded Finding Impacts Your Career
In New Hampshire, the Central Registry is a confidential database maintained by the state. However, it is accessible for employment background checks related to child care, education, and healthcare. If a school district or hospital runs a check and discovers your name, state law and liability policies usually mandate that you cannot be hired, and you will likely be terminated from your current position.
Furthermore, state licensing boards, such as the New Hampshire Department of Education, Concord and the New Hampshire Board of Nursing, Concord, are typically notified of these findings. They can initiate their own disciplinary proceedings against your professional license based solely on the DCYF determination, even if the police never filed criminal charges against you.
The Timeline to Appeal Under NH Law
Time is your absolute worst enemy when you receive a founded finding. The letter from DCYF notifying you of the decision will include instructions on how to appeal. Under N.H. Admin. Code He-C 6430.04, you have 30 days from the date of receipt of the notice to formally request an administrative hearing. If you miss this window, the finding becomes final, and your name goes onto the Central Registry.
The Administrative Hearing Process
To start the appeal, you or your attorney must submit an official Administrative Appeal Request form to the DHHS Administrative Appeals Unit, Concord pursuant to N.H. Admin. Code He-C 6430.04. Once requested, a hearing will be scheduled before an impartial Administrative Law Judge (ALJ) or hearings officer.
This hearing operates very much like a mini-trial. The burden of proof is on DCYF to show, by a preponderance of the evidence, that you committed the abuse or neglect. You have the right to review the DCYF file, present your own witnesses, submit evidence, and cross-examine the social worker and any witnesses the state brings forward. The New Hampshire Supreme Court has reinforced the importance of due process in these administrative hearings in cases like Petition of Bagley, 128 N.H. 275 (NH Supreme Court 1986), ensuring that professionals have a fair opportunity to challenge agency decisions.
Central Registry vs. Criminal Record
Understanding the difference between an administrative finding and a criminal charge is vital for your defense strategy.
| Type of Record | Standard of Proof | Consequences |
|---|---|---|
| DCYF Central Registry | Preponderance of the evidence (51% likely) | Loss of employment in child-related fields, loss of professional license. |
| Criminal Record | Beyond a reasonable doubt (99% likely) | Jail time, probation, fines, criminal background record. |
Legal Fees for the Appeal Process
Because an administrative appeal involves reviewing discovery, preparing witnesses, and conducting a trial-like hearing, it requires a significant time investment from a lawyer. In New Hampshire, retaining an experienced administrative or family law attorney to fight a founded finding generally costs between $3,500 and $7,500. Given that your entire earning potential and career are on the line, investing in a robust legal defense is usually viewed as a necessary step for licensed professionals.
Frequently Asked Questions (FAQ)
Will my employer be notified immediately of the founded finding?
If you work in a child-serving agency like a school or daycare, DCYF may notify your employer immediately to ensure child safety, even before your appeal is heard. This often results in being placed on paid or unpaid administrative leave during the appeal process.
Can I appeal without hiring a lawyer?
Yes, you can represent yourself (pro se) at the administrative hearing. However, because the state will have an experienced representative or attorney arguing against you, and because the rules of evidence can be complex, self-representation is highly discouraged for professionals whose careers are at risk.
What happens if I win the administrative appeal?
If the hearing officer rules in your favor, the founded finding is overturned and changed to 'unfounded.' Your name will not be placed on the Central Registry, and you can present this decision to your licensing board to clear your name.
Where can I find an attorney for a DCYF appeal?
You can search our nationwide directory for New Hampshire attorneys who specialize in DCYF defense and professional license protection to guide you through the administrative hearing.
No reviews yet. Be the first to share your experience!