(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 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 are the same as that of the substantiated report; and

(ii) the subject of the substantiated report has been determined by the district court to be 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.