2012 New York Consolidated Laws
SOS - Social Services
Article 11 - (488 - 497) PROTECTION OF PEOPLE WITH SPECIAL NEEDS
494 - Amendments to and appeals of substantiated reports of abuse or neglect.

 
    * §  494.  Amendments to and appeals of substantiated reports of abuse
  or neglect. 1. (a) At any  time  subsequent  to  the  completion  of  an
  investigation  of  an  allegation  of  abuse or neglect, but in no event
  later than thirty days after the subject of the report is notified  that
  the report is substantiated, the subject may request that the vulnerable
  persons'  central  register  amend  the  findings  of the report. If the
  register does not amend the findings of the report  in  accordance  with
  such  request,  the  subject  shall have the right to be heard before an
  administrative law judge, to  determine  whether  the  findings  of  the
  report  should  be  amended  on  the grounds that they are inaccurate or
  inconsistent with the provisions  in  this  article.  The  office  shall
  establish  an  appeals  process  by  which  the subject of the report is
  notified of the right to appeal and the procedure by which he or she may
  challenge the determination that a report is substantiated,  with  a  de
  novo standard of review.
    (b) If the administrative law judge determines that the justice center
  failed  to prove by a preponderance of the evidence the finding that the
  subject committed the act or acts  of  abuse  or  neglect,  the  justice
  center  shall  amend the record to reflect that such a finding was made,
  and shall promptly notify the  subject  of  the  report  and  any  other
  persons  or  entities previously notified of the existence of the report
  of the amended finding. Such report shall be sealed in  accordance  with
  the  standards  set  forth  in  section  four hundred ninety-six of this
  article.
    2. The justice center is authorized  to  make  any  appropriate  order
  respecting  the  amendment  of  such  findings  of  a  report to make it
  accurate or consistent with the requirements of this article.
    * NB Effective June 30, 2013