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.

(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.