Justice Center Updates COFCCA Hudson Valley Meeting June 13, 2016

Topics Incident Report Data Case Closure Timeliness Right to Counsel Proposed 72 Hour Review of Allegations Prevention of Abuse and Neglect

Incident Report Data

Incidents Reported to the Justice Center by Type

Substantiated Abuse and Neglect Cases by Category 2015 Approximately 30% of abuse and neglect allegations are substantiated

Case Closure Timeliness

Investigative Case Closure Initiative Purpose: reduce cycle time of investigations Establishment of Clear Performance Expectations and Assessments Improved Initial Classification of Allegations Prompt Initiation of Investigation Targeted Resource Allocation Enhancements to VPCR, Business Intelligence Reporting and WSIR As a result, we have brought down the case cycle time from 119 days (statewide average) to 85 days. Some regions of the state are less than that.

Questions about ongoing Justice Center Investigations: Contact Region Assistant Chief Contacts: Region 1 -- Acting Assistant Chief Michaeleen Donahue 518-549-0388 Region 2 -- Assistant Chief Mike Daly 315-570-2006 Region 3 -- Assistant Chief Mark Case 518-925-3390 Region 4 -- Assistant Chief Sal Salerno 516-490-1026

Right to Counsel

New Right to Counsel Protocols Final Protocol not yet fully implemented General Rule: Justice Center will allow any suspect or witness to have counsel present, if they request it. Caveat: Except, in non-criminal case, if a collective bargaining agreement (CBA) provides for either counsel or a union representative, Justice Center will follow the rights set forth in the CBA. The Justice Center will take steps to ensure that suspects or witnesses are aware of any conflicts that the counsel representing them may have.

Understanding Your “Status” in a Justice Center Investigation Suspect in a criminal investigation: The investigator will notify you of that status You will be told/asked to confirm that you have appeared “voluntarily” for questioning. Suspect in an administrative investigation (e.g., a non-criminal investigation): You will receive a “suspect notification” letter stating that you are being considered a subject in an administrative investigation Witness in either a criminal or administrative investigation: No Letter No notification that the interview is voluntary If in doubt, ask the investigator

Proposed 72-Hour Review of Allegations

Purpose More accurately classify allegations reported to the Justice Center Establish a protocol for obtaining information quickly, in order to assist in making classification decisions Note: Even before this protocol goes into effect, the Justice Center’s Triage Unit tries to work with providers if there are questions about the proper classification of a report based on the information reported by the caller. Re-classification decisions (abuse/neglect to a significant incident) typically must be made within 24-48 hours. A significant incident can be re-classified to abuse/neglect at any time if the evidence/facts warrant a reclassification.

Protocols May Include Short delay in classifying a reported allegation to obtain additional information/documentation Designation of point of contact at provider to provide additional information in a timely manner Process for ensuring timely notification of initial report so provider can implement protective action plan for service recipient Guidance and criteria, jointly agreed upon by the Justice Center and the relevant State Oversight Agency, for the types of reports that may be subject to the 72-hour assessment protocol

Examples May Include Frequent callers Medication issues Clinical decisions (giving medications over objection) Refusing to give medications (drug-seeking) Staff sleeping on duty Psychological abuse

Preventing Abuse

Prevention Code of Conduct Spotlight on Prevention Abuse Prevention Resource Center http://www.justicecenter.ny.gov/spotlight-prevention/home

Self-Assessment for an Abuse-Free Environment Voluntary self-assessment of risk Help to identify corrective and preventive actions to address conditions which cause or contribute to the occurrence of abuse and neglect Includes resources to mitigate risk of abuse http://www.justicecenter.ny.gov/abuse-prevention- resources  

Justice Center Code of Conduct Awards 2016 - Call for Nominations! Award will recognize four dedicated custodians in NYS who provide direct support to people with special needs, and demonstrate a strong commitment to the provisions of the Code of Conduct. All custodians (including volunteers) who sign the Code of Conduct are eligible. Anyone can nominate a custodian by the deadline of July 22, 2016. Nomination forms are available at: https://www.justicecenter.ny.gov/2016-coc-award-nominations

Submit your recommendations to: prevention@justicecenter.ny.gov Prevention (con’t) How can we prevent abuse? Can you recommend a useful training, website or resource? Submit your recommendations to: prevention@justicecenter.ny.gov

Contact Information Report Abuse or Neglect: 1-855-373-2122 Information and Referral: 1-800-624-4143 Individual Family & Support Unit: 1-800-624-4143 Other Questions: 518-549-0200 www.justicecenter.ny.gov