If you’ve been indicated for child abuse or neglect in New York and are seeking to seal your record on the State Central Register (SCR), it’s critical to understand the two-prong test used in administrative hearings. While much attention is often paid to the first prong—whether abuse or neglect occurred—many people fail to appreciate the vital importance of the second prong: whether the incident is “relevant and reasonably related” to your ability to care for children or foster children.
At The Law Office of George M. Gilmer, PLLC, for almost 25 years we have successfully represented clients at administrative hearings by focusing on what matters most: insight, rehabilitation, and proof of progress.
Understanding the Two-Prong Test Under Social Services Law § 422
To determine whether your SCR record should be sealed, an administrative law judge applies a two-part analysis:
- Did the abuse or neglect occur?
- Is the incident relevant and reasonably related to your current ability to care for children or foster children?
If there has already been a neglect finding in Family Court—either through trial or by accepting responsibility under Family Court Act § 1051(a)—then the first prong has been conclusively determined. This means you cannot re-litigate whether the event occurred. The Family Court ruling is binding, and the principle of res judicata applies.
In that case, your only pathway to sealing your record is to prevail on the second prong.
What Does “Relevant and Reasonably Related” Mean?
This phrase refers to whether the underlying conduct poses a current risk to the care of children. Even if neglect occurred in the past, the court must assess whether the incident is still relevant to your present-day fitness to supervise, care for, or be around children.
The following factors can influence that decision:
- Completion of Services: Parenting classes, domestic violence programs, anger management, or therapy required in your dispositional order.
- Insight and Remorse: Demonstrating that you understand what happened and have grown from it.
- Reference Letters: Signed and credible letters from professionals, employers, therapists, and members of your community.
- Time Elapsed: The longer it’s been since the incident, the more likely a judge may see it as no longer relevant.
- No Recurrence: A clean record and stability since the incident help show that the issue is not ongoing.
Why Insight Matters More Than Denial
Many clients instinctively want to deny that neglect occurred, but in most cases where Family Court has already ruled, this strategy is counterproductive. Continuing to deny the incident happened undermines your credibility and suggests that you lack the insight necessary to demonstrate growth.
In contrast, clients who say, “I made a mistake. I completed services. I’ve learned from it and it won’t happen again,” are far more likely to succeed. The judge isn’t just looking for excuses—they’re looking for proof of transformation.
What If ACS Doesn’t Contest Your Sealing Request?
In some cases, ACS may choose not to contest the second prong. While that’s helpful, it’s not a guarantee. The judge must still make an independent determination that the incident is no longer relevant or reasonably related to your ability to care for children.
This is where having a skilled attorney can make all the difference.
A Strategic, Balanced Approach
Sometimes, you may be in a unique situation where there is no prior Family Court neglect finding, or the case was closed without a 1051(a) disposition. In those cases, you can contest both prongs at the administrative hearing. However, this approach can be tricky, as it may appear contradictory to argue that neglect didn’t occur while also stating that you learned from the experience.
An experienced attorney can navigate that tension and guide you through a strategy that protects your credibility while maximizing your chances of success.
The Role of Legal Counsel in SCR Hearings
Winning on the second prong isn’t just about telling your side—it’s about telling it the right way. At The Law Office of George M. Gilmer, we work with our clients to:
- Review and strengthen their reference letters
- Ensure compliance with any services or programs
- Prepare compelling testimony that demonstrates growth and insight
- Develop a cohesive legal strategy tailored to the facts of your case
Judges want to know one thing: Will this ever happen again? Your attorney’s job is to help you answer that question in a way that convinces the Judge you are no longer a risk to children.
Final Thoughts
If your SCR record is holding you back, don’t go it alone. Contact George M. Gilmer, Esq. today to schedule a consultation. We will review your case and develop a strategy to help you win your hearing—even if a prior Family Court has already found neglect.
A second chance starts with a strong showing on the second prong.
