Overview of the Justice Center forBronx DD Family Support Conference

May 22, 2014

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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 theProtection 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 AgenciesThe Justice Center has jurisdiction over certain facilities and programs

that are operated, licensed or certified by:

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VisionPeople 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

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Justice Center Regions

Region 1: Acting Assistant Chief Michaeleen Campbell 518-795-5684Region 2: Assistant Chief Mike Daly 518-795-4070Region 3: Assistant Chief Mark Case 518-925-3390Region 4: Assistant Chief Tony Ryan 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

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

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Incident Reporting

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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

1-855-373-21221-855-373-2123 (TTY)

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• 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

• 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?

CLASSIFICATIONINTAKE 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- FinancialNon-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.

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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?

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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?

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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

• Is dedicated to assisting with questions or concerns about allegations of abuse

and neglect

Contact: Dee Levy 518-549-0200supportcoordinator@justicecenter.ny.gov

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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 518-549-0200supportcoordinator@justicecenter.ny.gov

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Expectations of Providers

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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

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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

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

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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