Overview of the Justice Center for Bronx DD Family Support Conference May 22, 2014

2 Justice Center History and Intent

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 3

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 4

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 5 

State Oversight Agencies The Justice Center has jurisdiction over certain facilities and programs that are operated, licensed or certified by: 6

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. 7 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

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

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 9 67% individual/family receives services 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

10 Incident Reporting

Incident Reporting: Vulnerable Persons Central Register Hotline 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 Located just outside of Albany Experienced staff Web form available for some individuals who are mandated to report (TTY)

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 Incident Reporting 12 If an individual is in immediate danger, the caller will be instructed to contact their local law enforcement agency.

Incident Reporting (cont.) 13 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

What Happens After a Report is Made? 14 CLASSIFICATION INTAKE ASSIGNMENT A call center representative will collect information from the reporter and a case number is assigned. The call is recorded. The report is then triaged and classified. Reportable: -Significant incident -Abuse/neglect -Death -Financial Non-reportable: -General inquiry -Non-JC incident 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.

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. What should I expect if there is an incident of abuse or neglect involving my child? 15

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: Reports that are unsubstantiated are immediately sealed. An unsubstantiated finding does not preclude other consequences, including disciplinary action. What does substantiated and unsubstantiated mean? 16

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 Is dedicated to assisting with questions or concerns about allegations of abuse and neglect Contact: Dee Levy

What supports do crime victims receive? The Justice Center’s Individual and Family Support Coordinator: 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

19 Expectations of Providers

Covered Provider Requirements Report all incidents to the Justice Center Carry out investigations of abuse and neglect or significant incidents delegated to providers by State Oversight Agencies Check Staff Exclusion List for all potential job applicants and perform other required background checks Adhere to the Justice Center’s Code of Conduct Maintain records of staff training and Justice Center Code of Conduct attestations Comply with new disclosure and notification requirements related to abuse / neglect Comply with new Incident Review Committee requirements 20

1.Person-Centered Approach 2.Physical, Emotional and Personal Well-being 3.Respect, Dignity and Choice 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 21 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. Justice Center Code of Conduct TENETS OF THE CODE OF CONDUCT

Questions Report abuse or neglect: Information & Referral: General information line: