Pursuant to Executive Orders 202.8, issued on March 20, 2020, 202.14 issued on April 7, 2020, 202.28 issued on May 7, 2020, 202.38 issued on June 6, 2020, 202.48 issued on July 6, 2020, 202.55 issued on August 5, 2020, 202.60 issued on September 4, 202 and 202.67 issued on October 4, 2020 all limitation periods or filing deadlines pursuant to the Justice Center’s Rules of Procedure under this State’s Protection of People with Special Needs Act, the Administrative Procedure Act, or Part 700 of the New York Code, Rules and Regulations, are tolled from March 20, 2020 through November 3, 2020. This means that, for purposes of computing the due dates for all filings or any other deadline associated with the Justice Center’s Administrative Appeals process, the days between March 20, 2020 and November 3, 2020, shall not be counted.
The subjects of a substantiated finding of abuse or neglect have the right to appeal the finding. They can do so by filing a Request for Amendment. Eligible individuals will have received a Report of Substantiated Findings letter for a Category 1, Category 2, or Category 3 offense. Providers who have received a Report of Substantiated Findings letter for a Category 4 offense are also eligible.
All appeals must be filed within 30 calendar days of the date on the letter. You should fill out the Request for Amendment form and submit it to the Justice Center. If you miss the deadline, you can request a late appeal due to extraordinary circumstances. Your request should include:
- a statement of the extraordinary circumstance(s) causing the late request
- any supporting documentation
Letters can be sent to the Justice Center's Administrative Appeals Unit by email at: [email protected] or by mail to:
Administrative Appeals Unit
Justice Center for the Protection of People with Special Needs
161 Delaware Avenue
Delmar, NY 12054
Upon receipt of a request, the Justice Center reviews the investigative file, the substantiated report, the request for amendment and any additional information provided by you.
The agency will determine whether there is a preponderance of the evidence to uphold the finding and, if so, that the proper category level was assigned. Preponderance of the evidence means that a review of the evidence shows that the allegation of abuse and/or neglect was more likely than not to have occurred.
If the report of abuse or neglect is unsubstantiated, you will receive an Administrative Appeals Unit Notice of Administrative Review Determination - Unsubstantiated letter in the mail and the report will be sealed.
If the report of abuse or neglect is upheld, you will receive an Administrative Appeals Unit Notice of Administrative Review Determination - Substantiated letter in the mail and your case moves on to a pre-hearing and hearing.
Withdraw a Request
At any time, a subject or provider can choose to withdraw a request for appeal. This can be done one of two ways:
- Complete and submit the Withdraw Request for Amendment form
- Submit a written request by mail or email to the Administrative Appeals Unit