In re R.P.

Summary

The Vermont Supreme Court considered whether a Human Services Board hearing officer had authority to require the Department for Children and Families to submit a written offer of proof during a fair hearing concerning placement on the child protection registry. The court held that the hearing officer had implied authority to require the offer of proof, but that the Board acted prematurely in reversing DCF’s substantiation decision before allowing DCF to comply with the order. The court reversed and remanded for additional proceedings.

Holdings

1. A Human Services Board hearing officer has authority to require an offer of proof when that authority is necessarily implied to enable the Board to conduct fair hearings effectively and efficiently, and the authority is consistent with the Board's procedural rules.
2. The Board erred by reversing DCF's substantiation decision because DCF had not yet been given the opportunity to comply with the offer-of-proof order, and the hearing officer had not made findings of fact or explicitly evaluated the facts under the governing legal standard.

Questions Presented

1. Whether a Human Services Board hearing officer had authority to require DCF to submit a written offer of proof before completing the fair hearing.
2. Whether the Human Services Board erred by reversing DCF's substantiation decision based solely on DCF's failure to comply with the hearing officer's offer-of-proof directive before factual findings and application of the governing legal standard had been completed.

Disposition

reversed_and_remanded