This page explains New York law on challenging an "indicated" report in the Statewide Central Register of Child Abuse and Maltreatment under Social Services Law 422(8) and 424-a. KOR Law LLP's family law practice defends clients in CPS investigations and in Family Court proceedings involving allegations of abuse or neglect. How a report becomes indicated in the first place is covered in what happens after Child Protective Services opens an investigation in New York.
What does "indicated" mean, and why does it matter?
For investigations begun on or after January 1, 2022, a report is indicated when CPS finds a fair preponderance of the evidence that the alleged abuse or maltreatment occurred; otherwise it is unfounded and legally sealed (SOS 422(5)(a)). Earlier investigations used the lower "some credible evidence" standard (422(5)(a)). An indicated record generally stays on the register until ten years after the youngest child named turns 18 (422(6)).
The practical effect is screening. Child care providers, foster and adoption agencies, and other provider and licensing agencies must ask OCFS whether an applicant or employee is the subject of an indicated report (SOS 424-a(1)). OCFS may tell them only if the conduct is "relevant and reasonably related" to the job or license, and an indication for maltreatment alone that is more than eight years old at the time of the inquiry is deemed not relevant (424-a(1)(e)). The register is a separate system from private background checks, which are governed by consumer reporting law; see whether New York has its own credit reporting law.
How does the challenge work, step by step?
- Read the notice. CPS must notify the subjects of a report in writing of its existence and of their amendment rights (SOS 424(6)(a)).
- Request amendment within 90 days. The request goes to OCFS at any time after the investigation ends, but no later than 90 days after you are notified that the report is indicated (SOS 422(8)(a)(i)).
- OCFS gathers the file. It requests the CPS records, which CPS must send within 20 working days, including any related petition or court order (422(8)(a)(ii)).
- Administrative review. Within 15 working days of receiving the file, OCFS decides whether a fair preponderance supports the finding and whether the conduct could be relevant to child care employment or licensing (422(8)(a)(ii)).
- Pause for Family Court, if needed. If an Article 10 case on the same allegations is pending, the request is stayed until that case is decided (422(8)(a)(ii)).
- Fair hearing. If OCFS does not amend the record within 90 days of your request, it schedules a fair hearing, where CPS has the burden of proof (422(8)(b)).
- Court review. A final OCFS determination can be challenged in Supreme Court in a CPLR article 78 proceeding, as in Matter of Woodley v Poole, 226 AD3d 461 (1st Dept 2024).
What should the request focus on?
The statute frames the question narrowly. The fair hearing decides whether the record should be amended because it is "inaccurate" or is being kept in a way that is inconsistent with the law (SOS 422(8)(a)(i)), and the core issue is whether the subject was shown by a fair preponderance of the evidence to have committed the acts that led to the indication (422(8)(a)(iv)). A useful request therefore addresses each allegation with documents and witnesses, points out gaps in the CPS record, and, where relevant, explains why the conduct is not related to child care employment or licensing. OCFS reviews the full CPS file, including any related petition or court order, so the request should anticipate what that file shows (422(8)(a)(ii)).
What can the review or hearing decide?
| Finding | Result | Source |
|---|---|---|
| No fair preponderance of the evidence | Report amended to unfounded, then legally sealed | SOS 422(8)(a)(iii), (c)(i), (e) |
| Fair preponderance, but not relevant to child care employment or licensing | OCFS may not disclose the report to provider or licensing agencies; hearing still available on whether the acts occurred | SOS 422(8)(a)(iv) |
| Fair preponderance and relevant | Fair hearing on both questions; the report can be disclosed on inquiry if upheld | SOS 422(8)(a)(v), (c)(ii) |
How does a Family Court case affect the hearing?
Strongly. If Family Court finds that you committed abuse or neglect on an allegation in the report, there is an irrebuttable presumption at the fair hearing that the allegation is substantiated (SOS 422(8)(b)(ii)(A)). If CPS withdraws the petition with prejudice, the court dismisses it, or the court rules in your favor on the merits, there is an irrebuttable presumption that the allegation has not been proven (422(8)(b)(ii)(B)).
Timing matters for older cases. In Woodley, the First Department upheld OCFS's position that the presumption for favorable Family Court outcomes, added effective January 1, 2022, did not apply where OCFS had completed its administrative review before that date (226 AD3d 461). A finding can also matter in a custody dispute: a register report is admissible in a custody or visitation case only if the investigation found some credible evidence, and a finding deleted on review is not admissible (DRL 240(1-a)). How custody orders are revisited is covered in how to change a custody order in New York.
What changes the answer?
- When the investigation began. The standard is a fair preponderance for investigations begun on or after January 1, 2022 (SOS 422(5)(a)).
- Whether you met the 90-day window. The amendment request has a firm outside date (422(8)(a)(i)).
- A later employer inquiry. If you never requested amendment and a provider agency later asks about you, OCFS must review the report then, and you can request a fair hearing if it upholds the finding (SOS 424-a(1)(e)(ii) to (v)).
- The Family Court outcome. Findings and dismissals create irrebuttable presumptions (422(8)(b)(ii)).
- Abuse versus maltreatment. The eight-year rule applies only to maltreatment-only indications (424-a(1)(e)).
- Good cause. The OCFS commissioner may amend any record at any time on good cause shown, with notice (422(6)).
For example: a day care worker's indicated report
For example, imagine a parent in Queens who works at a licensed day care. (This is a made-up illustration, not a real client or result.) After a CPS investigation begun in 2025, she receives notice that a maltreatment report is indicated. A neglect petition on the same allegations is filed in Family Court.
She sends OCFS a written amendment request within 90 days of the notice, as SOS 422(8)(a)(i) requires. Because the Article 10 case is pending, OCFS stays the request (422(8)(a)(ii)). The Family Court later dismisses the petition. At the fair hearing, the dismissal creates an irrebuttable presumption that the allegation has not been proven (422(8)(b)(ii)(B)), and the record is amended to unfounded and legally sealed (422(8)(c)(i), (e)).
Common mistakes
- Missing the 90-day request window. It runs from notice that the report is indicated (SOS 422(8)(a)(i)).
- Treating the notice as informational. It is the trigger for your rights (SOS 424(6)(a)).
- Ignoring the Family Court case. Its outcome can decide the fair hearing (422(8)(b)(ii)).
- Arguing only that the report is unfair. The issues are evidence and relevance to employment (422(8)(a)(ii)).
- Assuming an old report will block every job. Maltreatment-only indications over eight years old are deemed not relevant (424-a(1)(e)).
- Confusing the register with a background report. Errors in private background reports are disputed differently; see how to dispute a credit report error and when you can sue under the FCRA.
What to do this week
- Find the notice that the report is indicated and calendar 90 days from the date you received it.
- Send a written amendment request to OCFS, and keep proof of when it was sent.
- Collect documents that answer each allegation, such as medical, school or work records.
- Get copies of any Family Court petition, order or dismissal.
- If you work in child care, education or health, note any pending applications or licenses.
- Speak with counsel before the administrative review or fair hearing.
Frequently asked questions
Who has the burden at the fair hearing?
The child protective service that investigated the report (SOS 422(8)(b)(ii)).
What if I missed the 90 days?
The request window has closed, but if a provider or licensing agency later inquires about you, OCFS must review the report and give you the chance to request a fair hearing if it upholds the finding (SOS 424-a(1)(e)(ii) to (v)).
Will an indicated report be used against me in a divorce?
It can be raised in custody disputes, subject to the admissibility rule in DRL 240(1-a). The overall sequence of a divorce is in how a divorce moves through the New York courts.
Does an indicated report change child support?
No. Support follows the statutory formula; see how child support is calculated in New York.
The incident happened at my workplace. Does my employer's own review matter?
It can be separate from the CPS process, and how an organization structures its own review affects confidentiality; see how privilege works in an internal investigation.
If the report is amended, is it erased?
An indicated report amended to unfounded is legally sealed and is released and expunged on the same terms as other unfounded reports (SOS 422(8)(e), (5)).