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30:5B-6.6 - Incidents considered

30:5B-6.6  Incidents considered.

6.The department shall consider, for the purposes of this act, any incidents of child abuse or neglect that were substantiated on or after June 29, 1995, to ensure that perpetrators have had an opportunity to appeal a substantiated finding of abuse or neglect; except that the department may consider substantiated incidents prior to that date if the department, in its judgment, determines that the individual poses a risk of harm to children in a child care center.  In cases involving incidents substantiated prior to June 29, 1995, the department shall offer the individual an opportunity for a hearing to contest its action  restricting the individual  from  employment in a child care center.

L.1997,c.254,s.6; amended 2004, c.130, s.97.

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