If you’ve been indicated for child neglect and your name appears in the New York State Central Register (SCR), you may be wondering whether you can have that report sealed or amended. For many, this record can create serious barriers to employment—especially in child-related professions. At The Gilmer Law Firm, PLLC, we regularly represent individuals seeking to remove or seal these records through the administrative hearing process.
Here’s what you need to know—especially if a Family Court has already made a finding of neglect against you.
📜 The Legal Basis: Social Services Law § 422(5)(c)
The sealing process is governed by New York Social Services Law § 422(5)(c). This statute permits individuals to request that an indicated report be sealed or amended if the report is “not relevant and reasonably related to the subject’s current ability to provide care for children.”
However, if there was a Family Court finding of neglect or abuse, that issue cannot be challenged again in the administrative proceeding due to the legal doctrine of res judicata.
🧾 The Two-Prong Legal Test for Sealing an Indicated Report
1. Did abuse or neglect occur?
If a Family Court has already issued a final neglect or abuse finding under Article 10, that determination is binding. Under res judicata, administrative law judges are prohibited from reconsidering that issue. You cannot relitigate the Family Court finding during the SCR sealing process.
2. Is the report relevant and reasonably related to your current ability to care for children?
This is the part of the process where your case can be most effective.
Unlike the first prong, the second prong evaluates your current parenting capacity and the relevance of the past incident today. The administrative law judge will consider your insight, progress, and evidence of rehabilitation.
🔍 What Factors Does OCFS Consider?
The New York State Office of Children and Family Services (OCFS) has outlined a set of ten non-exclusive factors that may be considered in assessing whether a past incident is relevant and reasonably related to your current ability to care for children. While OCFS does not publish an official complete list, key factors typically considered in the R&R (Relevance and Reasonableness) Review include:
- The seriousness of the incident.
- The time elapsed since the incident occurred.
- The nature and extent of injury or harm to the child.
- The circumstances surrounding the incident.
- The age of the subject at the time of the incident.
- The age of the child at the time of the incident.
- The time since the last Child Protective Services (CPS) report.
- The number of prior or subsequent indicated CPS reports.
- Whether the allegations involve serious physical injury or sexual abuse.
- Evidence of the subject’s rehabilitation, including treatment, counseling, and service completion.
These factors allow the judge to assess whether the subject of the report continues to pose a risk to children or whether the report is no longer reflective of the subject’s current parenting ability.
✅ Practical Strategy: What You Should Focus On
Rather than disputing the original finding—which cannot be revisited—focus your efforts on presenting compelling evidence of:
- Growth and insight since the incident
- Completion of mandated or voluntary services (parenting classes, therapy, etc.)
- Stable lifestyle and emotional maturity
- Strong, signed reference letters from employers, professionals, or community leaders
- Lack of recent CPS involvement and no new indicated reports
Demonstrating rehabilitation and accountability is key to persuading the judge that the incident no longer bears relevance to your ability to care for children today.
⚠️ Common Pitfalls to Avoid
- Trying to relitigate the Family Court case: This will likely be seen as a lack of insight.
- Submitting unsigned or vague reference letters: These carry little weight.
- Failing to acknowledge responsibility: Humility and accountability build credibility.
- Ignoring the OCFS Ten Factors: Judges will weigh them, so your documentation should directly or indirectly address them.
📞 Need Help Preparing for an SCR Hearing?
If you’re seeking to seal an indicated SCR report after a Family Court neglect finding, it’s essential to understand how Social Services Law § 422 and the OCFS Ten Factors apply to your case. A well-prepared narrative focused on rehabilitation and parenting capacity can make all the difference.
📍 Contact The Gilmer Law Firm, PLLC at
15 Metrotech Center, 7th Floor, Brooklyn, NY
📧 Email: gilmerlawfirmpllc@gmail.com
Let us help you present the strongest possible case—built on truth, growth, and readiness to move forward
