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This entry was published on 2014-09-22
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SECTION 494
Amendments to and appeals of substantiated reports of abuse or neglect
Social Services (SOS) CHAPTER 55, ARTICLE 11
§ 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.