Frequently Asked Questions

When OLCR/OLR makes the decision to request a licensing inquiry, the licensing agency is notified along with the GAL, DCS worker and supervisors within the agencies. This notification comes through an e-mail from OLCR/OLR. Depending on the nature of the concerns, an unannounced visit may occur. If an unannounced visit is not needed, the licensing worker simply contacts the family to arrange a visit. For the agency, the licensing inquiry process is outlined in detail by OLCR/OLR. The licensing worker will discuss the specific concerns with the family. The licensing worker may also need to interview other household members. Usually, the licensing worker will need to interview the children in the home. After all of the information is gathered, the licensing worker generates a report. The report will indicate whether or not any licensing violations were found.

If the licensing agency determines that there were no rule violations, it will suggest no further action. However, if it is determined that licensing rules were violated, the licensing agency will recommend a Corrective Action Plan (CAP). A CAP usually requires additional training and/or monitoring of the home to ensure any licensing violations are corrected. Regardless of what the licensing agency determines, OLCR/OLR will make an independent assessment of the findings. OLCR/OLR will either accept the report and recommendations as they are written or add additional requirements at their discretion. An open licensing inquiry may delay renewal. The licensing agency will also place the family on hold for additional placements until OLCR/OLR sends a closing letter with their recommendations. If a family chooses to close their license with an open inquiry or prior to completing a CAP, OLCR/OLR will deny any re-applications and the family will not be eligible for licensure in the future (R21-6-414.I.2).

The inquiry report is generated by the licensing agency in partnership with the family. The family is expected to cooperate with the agency by fully disclosing any requested information. Families will be provided a redacted copy of the licensing report after it is submitted to OLCR/OLR. If a family feels that they have been treated unfairly or inaccurately represented, they may contact the persons listed on the Supplemental Notice of Inspection form that would have been provided by the worker at the time of the visit. The licensing agency has the final authority regarding what is contained in the licensing inquiry report.

From the time the request is received, the licensing agency has 45 days to investigate the concerns and submit a report. After the report is submitted to OLCR/OLR, OLCR/OLR will send a written response. OLCR’s/OLR’s goal is to close licensing inquiries within 21 days of receiving the licensing agency’s report.

If any person believes that a prosecuting agency has failed to demonstrate that the release of DCS records would cause a specific material harm to the criminal investigation, that person may file an action in Superior Court and ask the court to review the DCS records and tell the Department which records can be released.

Law enforcement agencies statewide are critical partners in protecting children; they ensure that perpetrators of child abuse or neglect are held accountable for the harm they cause to children.

State law requires that the prosecuting agency be given the opportunity to review DCS records that may be released in order to determine whether the release of the records would cause “specific material harm” to the criminal investigation.

If any person believes that a prosecuting agency has failed to demonstrate that the release of DCS records would cause a specific material harm to the criminal investigation, that person may file an action in Superior Court and ask the court to review the DCS records and tell the Department which records can be released.