

Prudentia, Aequitatis,
Temperantia, Fortitudo,
Gravitas, Pietas,
Dignitas, Virtus
Justice Center for the Protection of People with Special Needs
Generally, appeals and hearings in matters where the subjects (individuals or providers) of a substantiated finding of abuse or neglect desire to appeal the finding. “Subjects” such as Eligible individuals will have received a Report of Substantiated Findings letter for a Category 1, Category 2, or Category 3 offense; “Subjects” such as Eligible Providers are those who have received a Report of Substantiated Findings letter for a Category 4 offense.
Specifically, the appeal is filed requesting the Justice Center to review the investigative file, the substantiated report, the request for amendment and any additional information provided by subject. The agency will determine whether there is a preponderance of the evidence to uphold the finding and, if so, that the proper category level was assigned. (Preponderance of the evidence means that a review of the evidence shows that the allegation of abuse and/or neglect was more likely than not to have occurred.) If the report of abuse or neglect is unsubstantiated, the subject shall receive an Administrative Appeals Unit Notice of Administrative Review Determination - Unsubstantiated letter in the mail and the report will be sealed. However, If the report of abuse or neglect is upheld, the subject shall receive an Administrative Appeals Unit Notice of Administrative Review Determination - Substantiated letter in the mail and the case moves on to a pre-hearing and hearing.
The pre-hearing and hearing. After a substantiated report is upheld during the Administrative Appeal review, it moves into the pre-hearing phase. Several steps occur: (a) the date of a pre-hearing conference (conducted by telephone) shall be sent to all parties by mail from the Justice Center; (b) the pre-hearing conference is held and a hearing date is set; and (c) the hearing is held on the date chosen. At the hearing, the Justice Center must prove to the Administrative Law Judge, by a preponderance of the evidence, that: (a) the subject committed the act(s) of abuse or neglect as set forth in the Report of Substantiated Findings and (b) the acts constitute abuse or neglect and (c) if the acts are considered abuse and neglect the appropriate category level was assigned. We shall be able to: (i) submit documents for the Administrative Law Judge to consider; (ii) examine you or have witnesses testify on your behalf; (iii) examine the Justice Center witnesses; and (iv) review and challenge (through cross-examination) any documents the Justice Center offers into evidence.


