WHAT HAPPENS AFTER YOU REQUEST A HEARING

WHAT HAPPENS AFTER YOU REQUEST A HEARING

After you request a hearing to correct the report made against you, before the State will schedule a formal hearing, it will conduct an administrative review.

WHAT HAPPENS AT THIS REVIEW?

A lawyer who works for the State will review all documents and will decide two questions:

1) whether the act you are accused of is found to be supported by a fair preponderance of the evidence; and if so

2) whether the act is relevant and reasonably related to your working with children.

CAN YOU PRESENT DOCUMENTS OR
STATEMENTS TO SHOW THAT THE
ALLEGATIONS AGAINST ME
ARE NOT TRUE?

Yes you can! Even if the allegations may be true, you can say that they are not relevant to your working with children. But you must do so immediately after the State allows you a hearing. You can provide:

1) a statement, preferably notarized, of your explanation as to what happened.

If you decide to provide a statement it is strongly recommended that the statement be reviewed by an attorney.

2) a notarized statement from witnesses you may have to the incident; or

3) any other documents or evidence that would support your claim that the allegations are not true.

CAN YOU ALSO PRESENT DOCUMENTS TO SHOW
THAT THE ALLEGATIONS ARE NOT
RELEVANT TO WORKING WITH CHILDREN?

Yes you can. Even though the allegations may be true, you can show that the allegations are not relevant to your working with children. The following are the types of documents or evidence you may present:

1) certificates or evidence of completion of programs such as parenting classes, counseling, self help, alcohol and drug rehabilitation programs or any other evidence that shows that you have addressed and corrected the problem;

2) documents or statements that you have successfully worked with children in the past, such as at a day care, at a school or any other job where you have worked with children. A letter describing how you worked with children from your prior employer or from a fellow employee.

3) statements or letters from friends, neighbors, school official or pediatrician regarding their observation of how you cared for or interacted with children.

4) any other evidence or documents that would show:

A. that the act was isolated;

B. that the act is unlikely to be repeated;

C. nature of any injury to the child, i.e., whether serious, minor or none;

D. any other evidence or documents that the allegations are no longer relevant to your working with children.

For a complete list of the factors that are considered which show that the allegations are not relevant to working with children, CLICK HERE.

WHEN AND WHERE SHOULD I PROVIDE THIS INFORMATION?

If you wish to have your documents considered at the administrative review these documents must be provided together with, or at about the same time as, your request for a hearing.

You should mail your documents to:
New York State Office of Children and Family Services
State Central Register
P. O. Box 4480
Albany, New York 12204-0480
Attention: Linda A. Joyce, Acting Director

WHAT HAPPENS IF YOUR REQUEST TO CORRECT
YOUR REPORT IS DENIED ADMINISTRATIVELY?

If your request is denied by the administrative review your case is then referred to the Bureau of Special Hearings which will schedule a hearing and let you know in advance the time and place where the hearing will take place. To find our what happens at the hearing CLICK HERE.