Justice Center | birchhillchambers

Justice Center Appeals Representation

Professional Advocacy Before the

NYS Justice Center for the Protection of People with Special Needs

Birch Hill Chambers | Administrative & Regulatory Defense

At Birch Hill Chambers, we provide skilled and experienced representation for individuals and providers who are the subject of substantiated findings by the New York State Justice Center for the Protection of People with Special Needs. These findings—whether categorized as abuse or neglect—can have serious and lasting consequences on your professional licensure, employment eligibility, and reputation. Our team is dedicated to protecting your rights and securing a just outcome through every stage of the appeals process.

Who We Represent

We advocate on behalf of both Eligible Individuals and Eligible Providers who have received a Report of Substantiated Findings from the Justice Center. This includes:

Individuals found responsible for Category 1, 2, or 3 offenses.
Organizations or providers facing findings under Category 4.

Whether you are a direct care worker, supervisor, administrator, or facility operator, a substantiated finding can prevent future employment in the field or result in placement on the Staff Exclusion List (SEL). The stakes are high—and professional legal guidance is essential.

The Appeals Process: How We Help

Administrative Review

Once a request for amendment is filed, the Justice Center conducts an internal review of:

The investigative record
The substantiated report
The subject’s amendment request
Any additional evidence or supporting documentation

The standard is preponderance of the evidence—whether the alleged act of abuse or neglect is more likely than not to have occurred, and whether the appropriate Category level was assigned.

If the finding is unsubstantiated: The report is sealed, and the subject is notified in writing.
If the finding is upheld: The case proceeds to a pre-hearing conference and formal administrative hearing.

Pre-Hearing & Hearing

Birch Hill Chambers will manage all aspects of the pre-hearing phase, including:

Reviewing evidence and investigative records
Preparing legal arguments and documentation
Representing you in the pre-hearing conference (typically by telephone)

At the administrative hearing, the Justice Center bears the burden of proving:

That the subject committed the acts described in the substantiated report;
That the acts constitute abuse or neglect under New York law;
That the assigned Category is correct.

Our role is to challenge these assertions rigorously, ensuring procedural fairness and substantive justice.

What We Do for You

As your advocate, Birch Hill Chambers will:

Analyze and challenge the Justice Center’s findings
Prepare and submit legal documents, exhibits, and written arguments
Cross-examine Justice Center witnesses and dispute documentary evidence
Present witness testimony and documentation in your defense
Advocate strategically to reduce or overturn the substantiated finding

We bring clarity, confidence, and courtroom skill to a process that can otherwise feel overwhelming.

Why Choose Birch Hill Chambers

At Birch Hill Chambers, we understand the legal and professional challenges faced by those working in the health, education, and human services sectors. Our work is grounded in discretion, attention to detail, and a deep knowledge of the administrative and regulatory environment surrounding Justice Center proceedings.

Whether your goal is to amend the report, avoid SEL placement, or preserve your career, we provide the advocacy you need—when it matters most.

Schedule a Consultation

To discuss your case confidentially and learn how we can assist, contact Birch Hill Chambers today.
Let us help you move forward—strategically, professionally, and with purpose.

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