WELCOME TO THE NEW YORK STATE WIDE CENTRAL REGISTER OF CHILD ABUSE AND MALTREATMENT CLASS ACTION WEBSITE

This website has been established to explain the status of a class action lawsuit against the New York State Office of Children and Family Services (“OCFS”) which operates the New York Statewide Abuse and Maltreatment Register (“SCR” or the “Register”). The court has certified two classes. One class is referred to as the Finch Class and the other is referred to as Sub Class B. This website will explain whether you are a member of either class and will advise you of a partial settlement of the lawsuit which affects the members of Sub Class B.

1. ARE YOU A SUB CLASS B MEMBER WHO IS AFFECTED BY THIS PARTIAL SETTLEMENT ?

Since there are two classes of people in the Finch litigation, the settlement class is referred to as Sub Class B.

The Sub Class B Members are:

All subjects of indicated reports where, data maintained in CONNECTIONS and/or AIMS indicates that, between January 1, 2003 and December 31, 2007, either (1) the records regarding the Subject were changed to reflect entry of a determination after hearing of Waived or (2) the records regarding the Subject were changed to reflect entry of a determination after administative review or fair hearing of Withdrawn.

Thus, if you were told that you have been listed on the New York State Central Register of Child Abuse and Maltreatment and if you made a Request for a hearing and that Request was closed out or terminated (you never got your hearing) between 2003 and 2007 you are a Sub Class B Member.

2. WHAT IS THIS PARTIAL SETTLEMENT AGREEMENT ABOUT?

In early 2000 there were substantial backlogs in scheduling hearings that had been requested. Thousands of people were awaiting hearings that they had requested years earlier. During our investigation we discovered that sometime between January 1, 2003 and December 31, 2007 approximately 17,000 to 20,000 of these Requests for Hearings were closed out, without a hearing ever being held, by the SCR as either “withdrawn” or “waived”. (See link to Third Amended Complaint). We have now reached a partial settlement on behalf of those whose claims were wrongfully terminated.

Under the terms of the settlement, if you requested a hearing and your hearing was terminated as “waived” or “withdrawn” between 2003 and 2007, you may request to have your hearing request reopened. There were about 25,000 requests for hearings that were closed out in this way during the five-year period. Each one of these 25,000 people will receive a notice letter (the “Notice Letter”) of their right to request that their hearing be reopened. If a class member returns the Notice Letter responding that they want to have their hearing reopened, the circumstances of the closing of their original request will be reviewed. If the Register does not have records that show, by a written decision from an Administrative Law Judge, that the person did not show up for a scheduled hearing (waived) or the person requested to stop the hearing (withdrawn), a new hearing will be scheduled.

3. WHAT BENEFITS DO YOU RECEIVE AS A SUB CLASS B MEMBER?

A. What are the Rights you will Receive?

If you are a Class Member and you want your hearing request re-opened, you must return the Notice Letter within ninety days after you receive it. SCR will then review their records to see if you are entitled to the hearing.

Because of the number of people who are affected SCR will mail the Notice Letters over a fifteen-month period. Some people will get the Notice Letter sooner than others. After 15 months all Sub Class B Members will have received the Notice of their rights to ask that their hearing be reopened. If you have not received a Notice Letter you may contact us. (See contact information link).

B. If you never withdrew your request but the request was withdrawn by the employer or Agency to which you applied for a job or a license you have a right to a hearing.

Some of your Requests were closed out not by you, but by the SCR when the employer or agency told the Register that they were no longer interested in you as an applicant. The employer’s lack of interest was understandable as the clearance inquiry had been made years earlier (at the time you applied for the job or license) and the employer was unable to keep the job position open as the hearing was not scheduled until years later. ONLY YOU HAVE THE ABILITY TO WAIVE OR WITHDRAW YOUR RIGHTS.

Under the settlement if your review or hearing was closed out because an employer or agency said they were no longer interested in you as an applicant, you will get a new hearing.

The New York State Office of Child and Family Services has also agreed that in the future a request for a hearing will never be terminated just because the employer or licensing agency is no longer considering you for employment or licensure.

4. WHAT HAPPENS NEXT?

On February 2010, Judge Scheindlin granted preliminary approval of the settlement. A Fairness Hearing will be conducted to determine whether there should be final approval of this proposed partial Settlement Agreement.

A. What is the Fairness Hearing?

This is a hearing to assist the Court in determining whether the terms of the Settlement Agreement are fair to the Class as a whole and whether it should be approved by ths Court.

The Fairness Hearing will be held at:
On April 20, 2010 at 4:30 p.m.

Courtroom 15C
U.S. District Judge Shira A. Scheindlin
United States District Courthouse
500 Pearl Street
New York, New York 10007-1312

5. YOU HAVE THE RIGHT TO AGREE OR TO OBJECT TO THE PARTIAL SETTLEMENT

A. What if you agree with the Settlement Agreement, do you have to do anything?

If you agree with the terms of the settlement then you need not to anything at this time. Be sure however to respond to the Notice Letter that the New York State Office of Children and Family Services will send to you asking if you are still interested in having your request for a hearing re-opened.

B. What if You Wish to Object to the Settlement?

Any Class Member or other interested organization who wishes to object to the terms of this settlement must submit a written statement of any objections to the Court. A copy of such objection should be given to Class Counsel and also to the attorney for the New York State Office of Children and Family Services. The addresses of counsel are found in the link at right. This statement of objections must be submitted on or before April 12, 2010 and must include:

	a. the Class Member’s name, address and telephone number
	b. a statement setting forth the reason for the objection and
	c. a statement of whether you wish to speak at the Fairness Hearing.

Any attorney you retain will be at your expense. The attorney must, no later than April 12, 2010:

	a. identify him/herself in writing to the Court and
	b. submit in writing any objections and
	c. state if the attorney has a desire to speak at the Fairness Hearing.

6. HOW WILL CLASS COUNSEL MONITOR THE STATE’S COMPLIANCE WITH THE SETTLEMENT?

A. Class counsel will make sure the Notice Letters to the class members are sent.

B. Class counsel will randomly review records to make sure that a decision by SCR not to grant a new hearing is supported by documents in the file.

C. Class Counsel will make sure that those who are entitled to a hearing will have a hearing.

D. The Court will continue to have jurisdiction to insure that the New York State Office of Children and Family Services is complying with the terms of the Settlement Agreement.

E. The oversight by Class Counsel will be for up to three years after the settlement is finally approved by the Judge. If the New York State Office of Children and Family Services can show that it has substantially complied with the Settlement Agreement, then the oversight may end after two years.

7. ADDITIONAL IMPORTANT INFORMATION THAT AFFECTS YOUR RIGHTS

A. This notice summarizes the benefits of this partial settlement. It is important that you review the full terms by clicking on the Settlement Agreement link at the right.

B. If you are a Class Member and if the Court approves the Settlement Agreement, you will be bound by all of its terms. This means that you will not be able to bring your own separate lawsuit or other legal proceeding regarding the right to request a new hearing if during the period January 1, 2003 and December 31, 2007 the Request was terminated by the New York State Office of Children and Family Services as withdrawn or waived.

C. If you change your address or telephone number during the next 24 months, you must notify the Class Counsel of your new address or telephone number as soon as possible. Failure to keep Class Counsel informed of your address and telephone number may result in loss of your rights.

D. A class member is not entitled to any monetary award under the partial Settlement Agreement. Judge Shira A. Scheindlin has ruled that the State of New York is immune under the 11th Amendment of the United States Constitution for a damage award. Judge Scheindlin also decided that the State of New York’s employees named as defendants are also not liable for money damages under the legal principle of “qualified immunity.” (See 7/3/2007 Decision link.) Sub Class B Members are not entitled to any money from the State defendants.

8. WHO ARE THE CLASS REPRESENTATIVES AND WHO IS THE CLASS COUNSEL

A. Who are the Class Representatives?
The plaintiffs Barbara Finch, Carol Jordan and Barbara Ortiz will be acting as the class representatives.

B. Who are the Attorneys Representing the Class?
The attorney designated as counsel for the Class is:

Thomas Hoffman, Esq. of the Law Offices of Thomas Hoffman, P.C.,
250 West 57 Street, Suite 1020, New York, NY 10107
Tel. No. 212 974 1170

9. WHAT IS THE RECOMMENDATION OF CLASS COUNSELAND OF THE CLASS REPRESENTATIVES?

Class counsel a practicing attorney for nearly forty years has had extensive experience in Family Law and Civil Rights cases. (See link “Counsel Experience” and “Published Decisions”.)

Class Counsel has conducted an extensive investigation into the facts of the case. Class Counsel has also thoroughly studied the law applicable to the claims that were made. We asked for, received and reviewed over 10,000 documents in regard to the termination of Requests during the five-year (2003 - 2007) Sub Class B period. We also took the statements (depositions), under oath, of 19 State witnesses. This Settlement Agreement has been extensively negotiated over the last four months. In our view, the opportunity for approximately 25,000 people to have their hearing re-opened is a substantial benefit. The New York State Office of Chilldren and Family Services' agreement to never again close out a request for a hearing unless the person himself or herself has asked to do so is also very significant. Monitoring will allow Class Counsel to make sure that the New York State Office of Children and Family Services complies with all of the terms of the Settlement Agreement.
Class Counsel has concluded that the proposed Settlement Agreement is fair, reasonable and adequate, and is in the best interest of the class. Ms. Finch, Ms. Jordan and Ms. Ortiz have unanimously recommended that the Court approve the Settlement Agreement.

10. WHO IS PAYING THE ATTORNEYS’ FEES AND LITIGATION EXPENSES OF CLASS COUNSEL?

You will not pay any of the attorneys’ fees and expenses of the attorneys representing the class. Class counsel will request that the New York State Office of Children and Family Services pay the costs and legal fees. (If you hire your own attorney to represent you concerning this settlement, however, you will need to pay those fees and expenses).
The settlement is not an admission of wrongdoing or liability by the Defendants, who have denied wrongdoing and have asserted that they acted in accordance with all applicable laws.

11. HISTORY OF LITIGATION AND CURRENT STATUS OF OUTSTANDING ISSUES

This class action lawsuit was first filed by Barbara Finch, Barbara Ortiz and Carol Jordan (“Plaintiffs”) in the United States District Court in Manhattan on February 27, 2004.

The lawsuit was filed by the plaintiffs on their own behalf and on behalf of all others similarly situated. Under the law child care employers and licensing agencies must inquire as to whether job applicants are listed on the “New York Statewide Central Register of Child Abuse and Maltreatment”. Only people who are not listed on the Register receive a “clearance,” which is almost always necessary for obtaining a job with children. People listed on the register have a constitutional right to request a hearing to clear their names from the list. This right exists so that people wrongly placed on the register can regain their right to work with children. The lawsuit said that the New York Statewide Central Register of Child Abuse and Maltreatment was taking too long to schedule and to hold these name-clearing hearings. While waiting for a name-clearing hearing thousands of people listed on the Register could not receive a clearance and thus were unable to work with children or become foster parents.

The Plaintiffs had to wait years before their hearings were eventually scheduled. When Ms. Finch, Ms. Ortiz and Ms. Jordan eventually had hearings, each was exonerated. Our investigation found that 50 - 75% of people who eventually get a hearing are exonerated.

Plaintiffs asked the Hon. Shira A. Scheindlin, the United States Federal Judge deciding the outcome, to certify the case as a class action. On December 18, 2008, Judge Scheindlin did so and defined the members of the Finch Class as:

“all persons who are working or desire to work or to be licensed in child-related employment who, now and in the future, are listed on the Statewide Central Register of Child Abuse and Maltreatment as the subjects of indicated reports that were investigated and indicated by a designated investigative agency, and who have timely requested amendment of the indicated reports and whose requests for amendment have not been disposed of.”

(See 12/18/2008 Decision link)

Thus, if you are currently listed on the Statewide Register and have requested a hearing and have yet to receive the hearing, you are a member of this separate Finch class. According to the SCR it now takes approximately 8 - 10 months for hearings to be scheduled after a Request is made. While the current scheduling is better than it was, plaintiffs believe that the time it takes to schedule a hearing is still too long especially for those who need an SCR clearance in order to begin to work.

Although Judge Scheindlin has suggested 75 days as a reasonable time for a hearing to be scheduled for class members, a final decision has not been made. (See link 12/18/2008 Decision). We will keep you regularly informed of the status of this issue which is still in litigation. If you are listed on the Register, have asked for a hearing and are still waiting, please contact us by filing out the questionnaire we have provided on this website.

12.WHERE AND HOW DO YOU GET MORE INFORMATION ABOUT THE SETTLEMENT?

If you have any questions or need additional information about this Notice or the proposed Settlement Agreement you may contact us in either of the following ways:

By mail:
Thomas Hoffman, Esq., Law Offices of Thomas Hoffman, P.C.
250 West 57 St., Suite 1020, New York, N.Y. 10107
By telephone: Tel. No. 212 974 1170
By email: thoffman@thoffmanlaw.com

We hope you have found the website helpful. We will continue to update the website and advise you of current developments. Please contact us with any comments you may have.

Thank you for visiting us.

Thomas Hoffman
Class Counsel

If you are not sure if you are listed on the registry or if you want copies of your file you should make that request to:

New York State Office of Children and Family Services

State Central Register

P. O. Box 4480

Albany, New York 12204-0480

Attention: Ms. Jeanne Sample, Director

Please be sure to include your current address, date of birth and case number, if you know.