US Lawyer Database

§  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.