If you have ever been indicated in the New York State Central Register (SCR), you already know the fear that comes with childcare-related background checks. People often hear a version of: ‘It stays on your record forever.’
The reality is more nuanced. New York law treats certain indicated maltreatment-only reports differently over time, including an eight-year rule that can change whether OCFS discloses an indicated report for childcare-related employment or licensing purposes.
This post explains (1) what the eight-year rule does, (2) what it does not do, and (3) when you still need to take action through an OCFS administrative appeal or an Article 78.
If you are new to this process, start with our overview: How to appeal an indicated ACS/CPS case in New York.
What the ‘8-year rule’ is (in plain English)
Under New York law, certain indicated reports that involve maltreatment (neglect) only may later be treated as not relevant and reasonably related (not R&R) to childcare employment and licensing – by operation of law – after eight years from the date of the indicated report.
The key statutory framework is in Social Services Law § 424-a and Social Services Law § 422.
OCFS has also published policy guidance implementing these reforms, including 21-OCFS-ADM-34 and 21-OCFS-LCM-13. (If you are litigating a borderline eligibility question, these memos can be helpful for framing the issue.)
NYC has also published plain-language explanations of these concepts, including in the Parents’ Guide to a Child Abuse Investigation and the LL1729A ‘Your Rights When a Case is Indicated’.
Important limitation: this is not the same as expungement
Even when disclosure rules change, an indicated SCR report may still be retained for a long period of time. The eight-year rule is best understood as a disclosure and clearance rule, not a magic eraser.
What the eight-year rule does NOT mean
- It does not automatically change history. It does not rewrite what ACS/LDSS recorded, and it does not create a court finding of innocence.
- It does not necessarily apply to every indicated report. The rule is generally discussed in connection with maltreatment-only (neglect) indications – not indications that include child abuse.
- It does not stop you from needing documents. You may still need your SCR and ACS record for employment questions, licensing files, immigration questions, or litigation.
- It does not mean employers have no discretion. Even when a report is disclosed, Social Services Law has provisions requiring agencies to document the reasons for hiring/approving someone with an indicated report.
For context on how OCFS uses the fair preponderance standard to sustain an indicated report in the first place, see: The fair preponderance standard.
How to tell if the eight-year rule might apply to your case
You cannot analyze the eight-year rule in the abstract. You need three pieces of information:
- The indication date. Eight years is counted from the date of the indicated report, not the date you requested an appeal.
- Whether the sustained allegation is maltreatment-only. If the sustained finding includes abuse, the disclosure rules can be different.
- Whether there are multiple indicated reports. A single old report can look different from a pattern.
If you do not already have your paperwork, consider starting with a records request and a careful review of what was actually sustained. If you are self-represented and want an educational overview, this SCR Pro Se Manual is a helpful starting point.
When you should still appeal – even if the eight-year rule exists
There are many situations where an OCFS appeal still matters, including:
- You are within eight years. The rule does not help you if you need clearance now.
- There is an abuse allegation (or the agency classified the allegation as abuse). Do not assume the rule applies.
- You need the report amended for personal or legal reasons. People seek amendments for licensing files, custody disputes, family reputation, and peace of mind.
- You have a Family Court history. There are strategy pitfalls when Family Court findings intersect with SCR sealing and disclosure; plan carefully.
If you are navigating the Family Court / SCR overlap, see: How to approach sealing an indicated SCR report after a Family Court neglect finding.
Practical next steps
- Gather every notice you have received from OCFS/SCR and ACS, and identify the indication date(s).
- Request and organize the record before your hearing date (or before deciding whether to litigate).
- If you are close to the eight-year mark, talk to counsel about whether to seek an amendment now or whether a not-R&R designation will address your immediate needs.
- If you are already in a childcare-related licensing process, do not leave the narrative to someone else – build a written packet that explains the facts, time elapsed, and rehabilitation.
For a general discussion of expungement and record consequences, see: How do you expunge an ACS case?.
Talk to a lawyer about your specific timeline and clearance goal
The eight-year rule is powerful, but it is not a substitute for case-specific strategy. If you need help reviewing your record, preparing an OCFS appeal, or mapping the best path to a not-R&R outcome, see our practice page here: OCFS defense and SCR hearings.
