N.Y. Laws » CHAPTER Social Services / ARTICLE Protection of People With Special Needs
New York Consolidated Laws

N.Y. Social Services Law § 494 (2026)

Amendments to and appeals of substantiated reports of abuse or neglect

✓ text as retrieved May 2026 (this copy records no edition or section history)
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§ 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.
Notes of Decisions
Cited in 13 cases (4 in the last 5 years), 2016–2024 · leading case: Matter of Donnelly v. State of N.Y. Just. Ctr. for the Prot. of People with Special Needs, 189 A.D.3d 1039 (N.Y. App. Div. 2d Dep't 2020).
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Matter of Donnelly v. State of N.Y. Just. Ctr. for the Prot. of People with Special Needs, 189 A.D.3d 1039 (N.Y. App. Div. 2d Dep't 2020). · cites it 2× “The petitioner requested an amendment of the substantiated report, seeking to have the designations changed to unsubstantiated and the matter sealed ( see Social Services Law § 494). The petitioner's request was denied and the matter was referred for a hearing before an…”
Matter of Anonymous v. Molik, 141 A.D.3d 162 (N.Y. App. Div. 3d Dep't 2016). “When a report of abuse or neglect is substantiated by the Justice Center, the “subject” of the report has the right to request an amendment of the report and, if the request is denied in whole or in part, to a hearing before an administrative law judge to determine whether the…”
Matter of Williams v. New York State Just. Ctr. for The Prot. of People With Special Needs, 151 A.D.3d 1355 (N.Y. App. Div. 3d Dep't 2017). “After petitioner exercised her right to a hearing (see Social Services Law § 494; 14 NYCRR 700.6 [a]), the Justice Center adopted the Administrative Law Judge’s findings and recommended decision and denied petitioner’s request to amend and seal the substantiated report (see 14…”
Matter of Taylor v. Just. Ctr. for the Prot. of People with Special Needs, 182 A.D.3d 815 (N.Y. App. Div. 3d Dep't 2020). “for the Protection of People with Special Needs , 151 AD3d 1355, 1357 [2017]; see Social Services Law § 494 [1] [b]; 14 NYCRR 700.”
Matter of Kennedy v. State of New York Just. Ctr. for the Prot. of People with Special Needs, 204 A.D.3d 670 (N.Y. App. Div. 2d Dep't 2022). “The petitioner exercised his right to a hearing before an Administrative Law Judge ( see Social Services Law § 494). After the hearing, the Administrative Law Judge (hereinafter ALJ) found that the Justice Center proved, by a preponderance of the evidence, that the petitioner…”
Matter of Brownell v. New York State Just. Ctr. for the Prot. of People with Special Needs, 212 A.D.3d 998 (N.Y. App. Div. 3d Dep't 2023). “After petitioners' requests that the reports be amended to unsubstantiated were denied, the matters proceeded to a combined administrative hearing ( see Social Services Law § 494). Upon Norton's motion to dismiss the allegations against him as barred by the results of his…”
Matter of Anonymous v. New York State Just. Ctr. for the Prot. of People with Special Needs, 195 A.D.3d 1137 (N.Y. App. Div. 3d Dep't 2021). “Accordingly, petitioner's application is granted, respondent's determination is annulled and we remit the matter to respondent for the purpose of amending the findings to indicate the report as unsubstantiated ( see Social Services Law § 494). Garry, P.J., Lynch and Colangelo,…”
Joseph v. Nyack Hosp., 191 A.D.3d 1 (N.Y. App. Div. 2d Dep't 2020). · cites it 2× “" The article consists of sections addressing definitions (Social Services Law § 488); applicability (Social Services Law § 489); incident management programs (Social Services Law § 490); duty to report incidents (Social Services Law § 491); vulnerable persons' central register…”
Matter of Kelly v. New York State Just. Ctr. for The Prot. of People With Special Needs, 2018 NY Slip Op 3407 (N.Y. App. Div. 3d Dep't 2018). · cites it 3× “Respondent informed petitioner that after reviewing the evidence presented, it determined that a preponderance of the evidence supported a finding of abuse or neglect pursuant to Social Services Law § 494. The matter was referred to respondent's Administrative Hearings Bureau.”
Matter of Anonymous v. New York State Just. Ctr. for The Prot. of People With Special Needs, 2018 NY Slip Op 7996 (N.Y. App. Div. 3d Dep't 2018). · cites it 2× “Petitioner requested an amendment of the substantiated report, seeking to have the designation changed to unsubstantiated and the matter sealed ( see Social Services Law § 494). The request was denied and the matter was referred for a hearing before an Administrative Law Judge…”
Matter of Anonymous v. New York State Just. Ctr. for the Prot. of People With Special Needs, 2019 NY Slip Op 5364 (N.Y. App. Div. 3d Dep't 2019). · cites it 2× “" In the meantime, after respondent denied petitioner's request to amend the August 2015 report to "unfounded and/or unsubstantiated" ( see Social Services Law § 494 [1] [a]), the matter was referred for a hearing before an Administrative Law Judge (hereinafter ALJ).”
Matter of O'Grady v. Kiyonaga, 172 A.D.3d 1375 (N.Y. App. Div. 2d Dep't 2019). “The petitioner exercised her right to a hearing before an Administrative Law Judge ( see Social Services Law § 494; 14 NYCRR 700.6[a]).”
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