Responses to questions from COFCCA received August 26, 2013
- How will the appeal process work?
The Justice Center is required by law to establish a process by which persons found to have a substantiated case of abuse or neglect may appeal such a finding. All subjects of a substantiated report of abuse or neglect will be notified by the Justice Center about the right to appeal and the procedure by which he or she may challenge the determination that a report is substantiated. A written request for amendment of the substantiated report of abuse or neglect must be submitted to the Justice Center within 30 days and, once received, will be reviewed by the Justice Center administrative appeals unit. The appeals process is described in Justice Center regulations (14 NYCRR 700) which are posted on the Justice Center website: www.justicecenter.ny.gov.
2. When does the Justice Center assign the level of the allegation (1 - 4)? When the incident is called in or at the conclusion of the investigation?
The Justice Center assigns the category of findings at the conclusion of the investigation.
3. How will the Justice Center let us know of the conclusion of an investigation? Who will they call?
The Justice Center will send written notification of findings of the investigation to the provider, the State Oversight Agency, the subject(s) named in the investigation, as well as vulnerable person(s), and/or their guardians at the conclusion of an investigation into an incident of abuse or neglect.
4. When will they put someone on the SEL? After the appeal process or immediately upon completion of an investigation?
All subjects of a substantiated report of category one abuse or neglect will be placed on the SEL on a pending status once the allegation is substantiated. If the allegation is substantiated upon completion of the appeals process, the person will be placed on the SEL permanently.
5. When would we fire a founded person? After appeal? Or before?
Once the investigation is completed and the Justice Center has determined that the allegation has been substantiated, the provider will be notified and may take any employment action it determines to be appropriate and that is consistent with any applicable collective bargaining agreement.
6. If the Justice Center conducts an investigation, and the conclusion is unfounded, would we then conduct our own investigation for process learnings? Or not because by then too much time will have elapsed?
If the Justice Center conducts the investigation, it will conclude the investigation by determining whether the allegation is substantiated or unsubstantiated. A provider may conduct its own investigative activities after the Justice Center investigation has concluded. The Justice Center will provide recommendations to providers to prevent future incidents or address any deficiencies uncovered as part of the investigation whenever warranted for both substantiated and unsubstantiated allegations.
7. At what point can we begin our internal investigation?
If the Justice Center takes the case, the agency should not interfere with the Justice Center investigation, and should await the final report from the Justice Center. However, the agency should take all actions necessary to ensure the health and safety of the people receiving services and staff they employ.
8. Are there regional Justice Center reps for all regions of the state?
The Justice Center will have regional offices throughout the State.
9. What are the Justice Center expectations of us investigating significant events?
Providers are expected to conduct thorough investigations and report findings to the relevant state oversight agency and the Justice Center in a timely manner.
10. Do we have to report fights between 2 clients? We have heard conflicting answers – yes, all should be reported and no, only if it is something that could have reasonably been avoided.
Significant incidents include peer-to-peer altercations when the incident could reasonably be prevented and the incident represents potential for harm to the health safety or welfare of the service recipient(s), including actions of a nature that if they were committed by a custodian, would be classified as abuse. The Justice Center is working with state oversight agencies to provide more specific guidance and regulations that will be consistent across service systems.
11. Are we being instructed to call the police for all OCFS incidents?
No. There have been no changes regarding when providers should contact law enforcement. Providers should continue to contact the police whenever they suspect a crime may have been committed.
12. Do Contractors and pediatricians in the community need to sign the Code of Conduct? (e.g. TFC Medical providers)
According to the statute (SSL §488(2)), all custodians are required to sign the Code of Conduct. A custodian is defined as a director, operator, employee or volunteer of a facility or provider agency; or a consultant or an employee or volunteer of a corporation, partnership, organization or governmental entity which provides goods or services to a facility or provider agency pursuant to contract or other arrangement that permits such person to have regular and substantial contact with individuals who are cared for by the facility or provider agency.
13. What are the rights of an accused person?
The Protection of People with Special Needs Act does not reduce any rights granted under a collective bargaining agreement. If an allegation is substantiated, the subject of the report may appeal the finding. The appeals process is briefly described in the answer to question 1 above and is described in Section 700 to Title 14 of NYCRR regarding the adjudication process for substantiated cases of abuse and neglect. These regulations are available on the Justice Center website: http://www.justicecenter.ny.gov/regulations-guidance/regulations/adopted/aapscan.
14. What is a clear definition of an improper restraint for reporting to the Justice Center? What about a restraint for which we do not have a Dr. order, but an RN on site?
Providers must follow the appropriate state oversight agency regulations regarding the use of restraints. Restraints that are not in compliance with regulations should be reported to the Vulnerable Persons Central Register at the Justice Center.
15. Who can we call at the Justice Center for obtaining answers to our questions like these? Do they have a directory of key staff and contact information?
General Information about the Justice Center Justice Center Main Number at 518-549-0200
Staff Exclusion List (SEL) Form questions http://www.justicecenter.ny.gov/investigations-prosecution/sel/management
Criminal Background Check (CBC) Email to submit questions:
Reporting Deaths http://www.justicecenter.ny.gov/investigations-prosecution/vcpr/report-death/guidance
To request assignment/ classification review of incidents reported to Justice Center Email to submit request:
SCR Checks requests: Email to submit request:
Disability Related Programs / Services Justice Center Information & Referral line at 1-800-624-4143
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