Overview of the NYS Justice Center for the Protection of People with Special Needs NYS Care Management Coalition May 20, 2016

2 Topics The Justice Center and Our Partners Incident Reporting Outcomes of an Investigation

3 The Justice Center and Our Partners

4 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. 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. Mission

5 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

6 Justice Center Vulnerable Persons’ Central Register Consistent definitions of abuse and neglect Prevention and Advocacy Provides for proportional and progressive discipline of staff responsible for abuse or neglect The Protection of People with Special Needs Act

7 Justice Center Functions and Duties Prevention of individuals found responsible for egregious or repeated acts of abuse from working in human services Incident reporting, investigation, and prevention Consolidation of pre-employment checks Analysis of trends to predict and prevent abuse Advocate on behalf of people with disabilities and special needs Arrest and prosecution of crimes committed against people receiving services

8 State Oversight Agencies Office for People With Developmental Disabilities Office of Mental Health Office of Alcoholism and Substance Abuse Services Office of Children and Family Services Department of Health State Education Department

9 Incident Reporting

10 *State Oversight Agencies issued regulations defining incidents & reporting requirements. Reportable Incidents Abuse Neglect Significant incidents that have the potential to result in harm to the health, safety or welfare of a person receiving services *Incidents may be reportable even if a service recipient does not suffer actual harm

11 Who Must Report? Answer: Mandated Reporters. However, anyone who observes or becomes aware of a reportable incident may report (e.g., a family member, a member of the community).

12 Toll-free VPCR 24-Hour Hotline

13 Outcomes of an Investigation

14 Unsubstantiated Reports Reports that are unsubstantiated are immediately sealed. An unsubstantiated finding does not preclude other consequences, including disciplinary action.

15 Substantiated Reports 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.

16 Individuals on the Staff Exclusion List are prohibited from being hired by any state operated, certified or licensed agencies or providers that serve people with special needs. Category 1 Two Category 2 findings in 3 years are elevated to a Category 1 Staff Exclusion List

17 The subject of a substantiated report of abuse or neglect, regardless of the category of finding, has the right to challenge the findings within 30 days. For more information, please visit the Frequently Asked Questions for the Administrative Appeals Process available at Appeal Process

18 Contact Information Report Abuse or Neglect: Information and Referral: Individual Family & Support Services: General Questions: