§ 494 — Amendments to and appeals of substantiated reports of abuse or neglect

New York § 494

• Jurisdiction: New York
• Law SOS: Social Services
• Art. 11: Protection of People With Special Needs

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§ 494. Amendments to and appeals of substantiated reports of abuse or\nneglect. 1. (a) At any time subsequent to the completion of an\ninvestigation of an allegation of abuse or neglect, but in no event\nlater than thirty days after the subject of the report is notified that\nthe report is substantiated, the subject may request that the vulnerable\npersons' central register amend the findings of the report. If the\nregister does not amend the findings of the report in accordance with\nsuch request, the subject shall have the right to be heard before an\nadministrative law judge, to determine whether the findings of the\nreport should be amended on the grounds that they are inaccurate or\ninconsistent with the provisions in this article. The office shall\nestablish an appeals process by which the subject of the report is\nnotified of the right to appeal and the procedure by which he or she may\nchallenge the determination that a report is substantiated, with a de\nnovo standard of review.\n (b) If the administrative law judge determines that the justice center\nfailed to prove by a preponderance of the evidence the finding that the\nsubject committed the act or acts of abuse or neglect, the justice\ncenter shall amend the record to reflect that such a finding was made,\nand shall promptly notify the subject of the report and any other\npersons or entities previously notified of the existence of the report\nof the amended finding. Such report shall be sealed in accordance with\nthe standards set forth in section four hundred ninety-six of this\narticle.\n 2. The justice center is authorized to make any appropriate order\nrespecting the amendment of such findings of a report to make it\naccurate or consistent with the requirements of this article.\n