Transcript Justice Center Presentation - Bronx Developmental Disabilities

Overview of the Justice Center for
Bronx DD Family Support Conference
May 22, 2014
Justice Center History and Intent
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Key Drivers That Led to the Justice Center
• Inconsistent laws, rules, regulations, requirements and standards across
service systems
• No way to prevent staff who committed acts of abuse from getting
another job working with people with special needs
• Limited capacity for statewide oversight
• No ability to identify and predict future areas of risk
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Key Elements of the
Protection of People with Special Needs Act
•
Creates the Justice Center
•
Creates consistent definitions of abuse and neglect
•
Provides for proportional and progressive discipline including
termination, for staff responsible for abuse or neglect
•
Strengthens penal laws
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What does the Justice Center do?
• Incident Reporting, Investigation, and Prevention
• Prevents individuals found responsible for egregious or repeated
acts of abuse from working in human services
• Arrest and Prosecution of Crimes Committed against people
receiving services
• Consolidates pre-employment checks

• Analyzes trends to predict and prevent abuse
• Advocates on behalf of people with disabilities and special needs
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State Oversight Agencies
The Justice Center has jurisdiction over certain facilities and programs
that are operated, licensed or certified by:
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Vision
People with special needs shall be protected from abuse, neglect and
mistreatment. This will be accomplished by assuring that the state
maintains the nation’s highest standards of health, safety and dignity; and
by supporting the dedicated men and women who provide services.
Mission
The Justice Center is committed to supporting and protecting the health,
safety, and dignity of all people with special needs and disabilities through
advocacy of their civil rights, prevention of mistreatment, and investigation of
all allegations of abuse and neglect so that appropriate actions are taken.
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Justice Center Regions
Region 1: Acting Assistant Chief Michaeleen Campbell
Region 2: Assistant Chief Mike Daly
Region 3: Assistant Chief Mark Case
Region 4: Assistant Chief Tony Ryan
518-795-5684
518-795-4070
518-925-3390
518-549-0370
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Justice Center Advisory Council
• Provides guidance to the Justice Center in the development of policies,
programs and regulations
• Comprised of 30 members including service providers, people who have or
are currently receiving services, family members and advocates
• At least one-half of the members must be
individuals or parents or relatives of individuals
who are or have received services from programs
within the Justice Center’s jurisdiction
67%
individual/family
receives services
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Incident Reporting
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Incident Reporting: Vulnerable Persons
Central Register Hotline
1-855-373-2122
1-855-373-2123 (TTY)
•
Vulnerable Persons Central Register (VPCR) – reporting and incident management
•
24/7
•
Translations service available
•
Anyone can call, but the law requires certain people to report
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Located just outside of Albany
•
Experienced staff
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Web form available for some individuals who are mandated to report
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Incident Reporting
• Anyone can make a report but certain people,
called Mandated Reporters, are required by
law to report incidents to the Justice Center
• Mandated reporters include direct
support employees, clinicians,
administrative staff, and other human
service professionals who have regular
and substantial contact with people with
special needs
• If an individual is in immediate danger, the caller will be instructed to contact
their local law enforcement agency.
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Incident Reporting (cont.)
• Call center representatives record all details of the incident and classify reports of
alleged abuse and neglect. Reports are assigned a case number and are entered into an
automated case management system.
• By law, the Justice Center cannot release the name of the person(s) who made the report
to the hotline or the names of any person(s) who cooperated in the investigation
• Reportable incidents:
• Abuse and neglect
• Significant incidents that have the potential to result in harm to the health, safety or
welfare of a person receiving services (e.g. use of restraint when avoidable)
• Deaths
• Financial
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What Happens After a Report is Made?
INTAKE
A call center
representative will
collect information
from the reporter
and a case number is
assigned.
The call is recorded.
CLASSIFICATION
The report is then
triaged and classified.
Reportable:
- Significant incident
- Abuse/neglect
- Death
- Financial
Non-reportable:
- General inquiry
- Non-JC incident
ASSIGNMENT
The report is then
assigned to the
appropriate entity for
investigation.
The Justice Center
conducts
investigations for
serious abuse/neglect
incidents, financial
misconduct, and
deaths.
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What should I expect if there is an incident
of abuse or neglect involving my child?
At the time of reporting:
•
The SOA will be notified of an allegation of abuse or neglect.
•
The Justice Center will investigate serious incidents of abuse or neglect.
•
The parent/guardian will be notified of the existence of the report. This
communication usually comes from the SOA or the provider.
At the conclusion of the investigation:
•
Regardless of who does the abuse/neglect investigation, the findings are reviewed
by Justice Center investigations and counsel and each allegation must be
substantiated or unsubstantiated.
•
The parent/guardian will be notified of the determination in writing by the Justice
Center’s Office of General Counsel of the findings of an investigation.
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What does substantiated and
unsubstantiated mean?
Substantiated:
•
•
Reports may be substantiated if an abuse/neglect investigation determines that there is
a preponderance of evidence to support the allegation and a specific individual(s) is
responsible.
Substantiated reports of abuse or neglect are classified into one of four categories.
Unsubstantiated:
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Reports that are unsubstantiated are immediately sealed.
•
An unsubstantiated finding does not preclude other consequences , including
disciplinary action.
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What supports do individuals and
families receive?
The Justice Center’s Individual and Family Support Coordinator:
•
Works with people receiving services and/or family members
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Is dedicated to assisting with questions or concerns about allegations of abuse
and neglect
Contact: Dee Levy 518-549-0200
[email protected]
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What supports do crime victims receive?
The Justice Center’s Individual and Family Support Coordinator:
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Works with service recipients involved in criminal investigations that are
under the jurisdiction of the Justice Center’s Special Prosecutor / Inspector
General (SPIG)
•
Serves as a liaison with local crime victims advocates
•
Provides guidance to service recipient if required to appear as a witness or
file victim impact statement
•
Assists with Victim Compensation application process
Contact: Dee Levy 518-549-0200
[email protected]
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Expectations of Providers
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Covered Provider Requirements
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Report all incidents to the Justice Center
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Carry out investigations of abuse and neglect or significant incidents delegated to
providers by State Oversight Agencies
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Check Staff Exclusion List for all potential job applicants and perform other required
background checks
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Adhere to the Justice Center’s Code of Conduct
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Maintain records of staff training and Justice Center Code of Conduct attestations
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Comply with new disclosure and notification requirements related to abuse / neglect
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Comply with new Incident Review Committee requirements
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Justice Center Code of Conduct
The Code of Conduct must be signed by people who have regular and substantial contact
with individuals receiving services in the Justice Center’s jurisdiction.
1. Person-Centered Approach
2. Physical, Emotional and Personal Well-being
3. Respect, Dignity and Choice
TENETS OF THE
CODE OF CONDUCT
4. Self-Determination
5. Relationships
6. Advocacy
7. Personal Health Information and Confidentiality
8. Non-discrimination
9. Integrity, Responsibility and Professional Competency
10. Reporting Requirement
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Questions
www.justicecenter.ny.gov
Report abuse or neglect:
1-855-373-2122
Information & Referral:
1-800-624-4143
General information line:
1-518-549-0200
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