N.Y. Comp. Codes R. & Regs. tit. 18 § 434.3

Current through Register Vol. 46, No. 45, November 2, 2024

Section 434.3 - Persons entitled to a hearing

(a) A subject of a report of child abuse or maltreatment has a right to a hearing pursuant to section 422 of the Social Services Law to determine whether the record of the report in the Statewide Central Register of Child Abuse and Maltreatment should be amended or, if the report was received by the Statewide Central Register of Child Abuse and Maltreatment prior to February 12, 1996, amended or expunged on the grounds that it is inaccurate or is being maintained in a manner inconsistent with title 6 of article 6 of the Social Services Law. The burden of proof at such hearing is on the office, appropriate local child protective service or the Commission on Quality of Care and Advocacy for Persons with Disabilities, as the case may be. The issues at the hearing are:

(1) whether the subject has been shown by a fair preponderance of the evidence to have committed the act or acts of child abuse or maltreatment giving rise to the indicated report, where it has been determined at the administrative review that the act or acts of child abuse or maltreatment giving rise to the indicated report would not be relevant and reasonably related to the employment of the subject by provider agencies or the approval or disapproval of applications which would be submitted by the subject to licensing agencies; or

(2) whether the subject has been shown by a fair preponderance of the evidence to have committed the act or acts of child abuse or maltreatment giving rise to the indicated report and, if there is a finding of a fair preponderance of the evidence, whether such act or acts are, based on guidelines developed by the office, relevant and reasonably related to the employment of the subject by provider agencies, or the approval or disapproval of applications which would be submitted by the subject to licensing agencies.

(b) Any person who has been informed by a licensing or provider agency that he or she has been denied employment, discharged from employment, not used as a volunteer or not hired as a consultant or informed that an application for a permit or license has been denied based in whole or in part on the fact that such person is the subject of an indicated report of child abuse or maltreatment may request a hearing pursuant to section 424-a of the Social Services Law. The request for a hearing must be made within 90 days of the receipt of notice of denial of an application by a provider or licensing agency which indicates that the denial was based in whole or in part on the existence of the indicated report. Any hearing requested under this paragraph must be held within 30 days of the request unless the hearing is adjourned for good cause shown. Any subsequent adjournment for good cause shown must be granted only upon consent of the person who requested the hearing. At any such hearing, the sole question to be decided is whether the subject has been shown by a fair preponderance of the evidence to have committed the act or acts of child abuse or maltreatment giving rise to the indicated report. In such hearings the burden of proof on the issue of whether an act of child abuse or maltreatment was committed is upon the department.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 434.3