§ 12-18-702 - Investigative determination.
12-18-702. Investigative determination.
Upon completion of an investigation under this chapter, the Department of Human Services shall determine whether the allegations of child maltreatment are:
(1) (A) Unsubstantiated.
(B) An unsubstantiated determination shall be entered when the allegation is not supported by a preponderance of the evidence;
(2) (A) True.
(B) A true determination shall be entered when the allegation is supported by a preponderance of the evidence.
(C) A determination of true but exempted, which means that the offender's name shall not be placed in the Child Maltreatment Central Registry, shall be entered if:
(i) A parent practicing his or her religious beliefs does not, for that reason alone, provide medical treatment for a child, but in lieu of treatment the child is being furnished with treatment by spiritual means alone, through prayer, in accordance with a recognized religious method of healing by an accredited practitioner;
(ii) The offender is an underaged juvenile aggressor; or
(iii) The report was true for neglect as defined under 12-18-103(13)(B); or
(3) (A) Inactive.
(B) If the investigation cannot be completed, the investigation shall be determined incomplete and placed in inactive status.