N.Y. Social Services Law 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.
Terms Used In N.Y. Social Services Law 494
- Abuse or neglect: shall mean the conduct described in paragraphs (a) through (h) of subdivision one of this section. See N.Y. Social Services Law 488
- Allegation: something that someone says happened.
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Justice center: shall mean the justice center for the protection of people with special needs. See N.Y. Social Services Law 488
- Subject of the report: shall mean a custodian, as defined in subdivision two of this section, who is reported to the vulnerable persons' central register for the alleged abuse or neglect of a vulnerable person as defined in subdivision eleven of this section. See N.Y. Social Services Law 488
(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.