Section 0250-07-09-.06 - STANDARD AND CRITERIA FOR REVIEW OF CLASSIFICATION OF REPORTS OF CHILD ABUSE/NEGLECT AS "SUBSTANTIATED"A report made against an alleged perpetrator shall be classified as substantiated if the preponderance of the evidence, in light of the entire record, proves that the individual committed any form of abuse or neglect. In determining whether there is a preponderance of the evidence to uphold the substantiation, the reviewer may consider, but is not limited to, the following factors:
(1) Medical and/or psychological information from a licensed physician, medical center, or other treatment professional, that substantiates that abuse or neglect occurred;(2) An admission by the perpetrator;(3) The statement of a credible witness or witnesses to the abusive or neglectful act;(4) The child victim's statement that the abuse or neglect occurred;(5) Physiological indicators or signs of abuse or neglect, including, but not limited to, cuts, bruises, burns, broken bones or medically diagnosed physical conditions;(6) Physical evidence that could impact the classification decision;(7) The existence of behavioral patterns that may be indicative of child abuse or neglect and corroborate other evidence of any form of abuse or neglect;(8) Circumstantial evidence linking the alleged perpetrator to the abusive or neglectful act(s) (e.g., child was in care of the alleged perpetrator at the time the abuse occurred and no other reasonable explanation of the cause of the abuse exists in the record).Tenn. Comp. R. & Regs. 0250-07-09-.06
Original rule filed September 13, 1988; effective October 28, 1988. Rule assigned a new control number, removed and renumbered from 1240-07-09-.02 filed and effective March 25, 1999. Repeal and new rule filed September 11, 2006; effective November 25, 2006. Emergency rule filed July 19, 2013; effective through January 15, 2014. On January 16, 2014, the rule reverted to its previous status. Amendments filed October 6, 2017; effective 1/4/2018.Authority: T.C.A. §§ 4-5-226(b)(2), 37-1-409, 37-1-612, 37-1-616, 37-5-101, 37-5-105, 37-5-106, 37-5-107, 37-5-112, 37-5-112(a), and 37-5-512(a).