Many individuals do not know where to turn when an allegation of misconduct has been made against them and a New York Justice Center investigation is opened. As these investigations may potentially ban you from working with special needs clients in the future and/or result in a criminal charge being brought against you, it is essential to have a strong advocate who can defend you and navigate the process / criminal case. Our firm has been that strong advocate time and time again for several of our clients.
New York Justice Center’s Role:
The New York Justice Center is authorized to investigate all reports of abuse and neglect, pursue administrative sanctions against staff found responsible for misconduct and its Special Prosecutor/Inspector General shares jurisdiction with local district attorneys to prosecute criminal offense allegations.
The Hearing Process:
As you are reading this page, it is safe to assume that either you or someone you know is under investigation or has already received a substantiated finding notice from the New York Justice Center. A substantiated report is a report of findings made after a report of abuse or neglect is investigated. This document contains a determination that there is a preponderance of evidence to support the allegation of abuse or neglect, the category and type of abuse or neglect that is substantiated, and the name of a specific individual or provider that is responsible for such act or acts of abuse or neglect. It is important to note that each category ranks in severity, with category one (1) being the most severe. In addition, each category carries separate consequences.
Upon receipt of a substantiated report, it is extremely important that you contact our office immediately as you are afforded only thirty (30) days to request an appeal. Thereafter, you may no longer have the opportunity to be heard. A free consultation will promptly be scheduled for you to sit with our team and go over the facts and circumstances surrounding your case. Thereafter, our firm will begin building your defenses and submit a comprehensive appeals request. In this request, we will provide documentary evidence where possible and legal arguments which further support why the substantiated finding should be amended to unsubstantiated and the record sealed. Upon the New York Justice Center’s receipt of our request, a formal review will be conducted. At this point a decision will either be made to uphold the substantiated finding or to amend the finding to unsubstantiated, sealing and closing the case.
Should the finding be upheld, we will be afforded the opportunity to have a hearing and make further arguments before an assigned Administrative Law Judge. At the hearing our firm will have the right to submit documents for the Administrative Law Judge to consider, have witnesses testify on your behalf, examine the Justice Center witnesses, and review/challenge any documents the Justice Center offers into evidence. The Administrative Law Judge will then consider all the evidence presented and make a recommended decision that will be reviewed by the Executive Director of the Justice Center.
If the Executive Director finds that the Justice Center met its burden to prove that you committed the acts alleged and the correct category level was assigned, then the report is upheld and a record of the finding remains substantiated against you in the Vulnerable Persons Central Register.
If the Executive Director finds that the Justice Center met its burden to prove that you committed the acts alleged but an incorrect category level was assigned, then the report is upheld, a record of the finding remains substantiated against you in the Vulnerable Persons Central Register with the new category level assigned.
If the Executive Director finds that the Justice Center did not meet its burden to prove that you committed the acts alleged, then the report is not upheld and the finding is unsubstantiated and the record sealed. As stated above, if we are successful in winning the appeal, the substantiated finding will be overturned and made unsubstantiated, sealing your case. However, in the event that a category is assigned to you, varying consequences can result which our firm can explain to you. The Justice Center’s determination is final and not subject to further administrative review. We do, however, have the right to challenge the determination in court through an Article 78 proceeding.
The process can be overwhelming, we know, but rest assured, our firm will be Your Sword & Shield every step of the way. Through multiple cases involving the New York Justice Center, our firm has the unique tools and extensive experience to represent you. Furthermore, in the worst-case scenario that you are charged criminally, our office can also appear on your behalf and defend your liberty. Should you be the subject of a New York Justice Center investigation or claim, please do not hesitate to contact our firm. Consultations are always FREE and our rates remain competitive. We look forward to speaking with you and
getting you the justice, you deserve!
"Mr. Fried and his staff were impeccably professional and knowledgeable. They were patient and answered all of my questions, and I received prompt responses to all calls and emails. I also appreciate how well they explained the legal proceedings of my case to me. Thanks to their efforts, my case was resolved with a favorable outcome. Overall, I am very pleased with the quality of service I've received and would absolutely recommend this firm."
— Y. Chun
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