Bronx DD Family Support Conference May 22 2014 2 Justice Center History and Intent Key Drivers T hat Led to the Justice Center Inconsistent laws rules regulations requirements and standards across service systems ID: 435001
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Slide1
Overview of the Justice Center for
Bronx DD Family Support Conference
May 22, 2014Slide2
2
Justice Center History and IntentSlide3
Key Drivers
That Led to the Justice CenterInconsistent 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 needsLimited capacity for statewide oversight
No ability to identify and predict future areas of risk
3Slide4
Key Elements of the
Protection of People with Special Needs ActCreates the Justice Center
Creates consistent definitions of abuse
and
neglect
Provides for
proportional
and
progressive discipline
including
termination, for staff responsible for abuse or neglectStrengthens penal laws
4Slide5
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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Slide6
State Oversight Agencies
The Justice Center has jurisdiction over certain facilities and programs that are operated, licensed or certified
by:
6Slide7
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.
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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.
MissionSlide8
Justice Center Regions
Region 1: Acting Assistant Chief Michaeleen Campbell 518-795-5684Region 2: Assistant Chief Mike Daly 518-795-4070
Region 3: Assistant Chief Mark Case
518-925-3390
Region
4
:
Assistant Chief Tony Ryan
518-549-03708Slide9
Justice Center Advisory Council
Provides guidance to the Justice Center in the development of policies, programs and regulationsComprised 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 jurisdictionSlide10
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Incident ReportingSlide11
Incident Reporting: Vulnerable Persons Central Register
HotlineVulnerable Persons Central Register (VPCR) – reporting and incident management 24/7
Translations service availableAnyone 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
11
1-855-373-2122
1-855-373-2123 (TTY)Slide12
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.Slide13
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
FinancialSlide14
What Happens After a Report is Made?
14CLASSIFICATION
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. Slide15
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?
15Slide16
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?
16Slide17
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
518-549-0200
supportcoordinator@justicecenter.ny.gov
17Slide18
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
18Slide19
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Expectations of ProvidersSlide20
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
20Slide21
Person-Centered
ApproachPhysical, Emotional and Personal Well-beingRespect, Dignity and
ChoiceSelf-Determination
Relationships
Advocacy
Personal Health Information and
Confidentiality
Non-discrimination
Integrity, Responsibility and Professional
Competency
Reporting
Requirement
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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 CONDUCTSlide22
Questions
www.justicecenter.ny.gov Report abuse or neglect: 1-855-373-2122Information & Referral: 1-800-624-4143
General information line: 1-518-549-0200
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