(1) The subject of a substantiated report of child abuse, neglect, or exploitation is not entitled to a fair hearing if:

(a) the subject has been criminally convicted, as defined in 45-2-101(15), MCA, of an offense related to child abuse, neglect, or exploitation which contains the same facts as the substantiated report and involves the same child victim; or

(b) pursuant to 41-3-437(2) or 41-3-434, MCA, there has been a district court adjudication, or a stipulation by the parents, that the child in the substantiated report is a youth in need of care, as defined in 41-3-102, MCA; and

(i) the facts of the district court adjudication, or the allegations in the affidavit in the case of a stipulation, are the same as that of the substantiated report; and

(ii) the subject of the substantiated report is the perpetrator of the child abuse, neglect, or exploitation; or

(c) a court or administrative hearing officer has made any adjudication in a prior proceeding as to the factual findings of the child abuse, neglect, or exploitation contained in the substantiated report.

History: 2-4-201, 41-3-208, MCA; IMP, 2-4-201, 41-3-205, MCA; NEW, 2004 MAR p. 2409, Eff. 10/8/04; AMD, 2015 MAR p. 306, Eff. 3/27/15.