§ 553 — Powers and duties of the justice center

New York § 553

• Jurisdiction: New York
• Law EXC: Executive
• Art. 20: Protection of People With Special Needs

Text

§ 553. Powers and duties of the justice center. The justice center\nshall have the following powers and duties:\n 1. To create and establish the statewide vulnerable persons' central\nregister, as set forth in section four hundred ninety-two of the social\nservices law, which shall include, but not be limited to:\n (a) establishing procedures for the timely response to, and effective\ninvestigation of, allegations of reportable incidents that are accepted\nby the statewide vulnerable persons' central register;\n (b) establishing procedures for the notification of appropriate\npersons and entities with respect to reports and findings of reportable\nincidents;\n (c) representing the state in all administrative hearings and other\nadministrative proceedings relating to discipline of state employees and\nadjudication of individuals charged with having committed or found to\nhave committed abuse or neglect, as defined in subdivision eleven of\nsection four hundred eighty-eight of the social services law (for state\nentities bound by collective bargaining, the disciplinary process\nestablished through collective bargaining shall govern);\n (d) identifying a process for a coordinated approach to avoid\nduplication and provide for timely responses to allegations of\nreportable incidents in dually licensed or co-located facilities and\nprovider agencies, which shall include designation of a lead agency\nprimarily responsible for carrying out the responsibilities of a\nfacility or provider agency pursuant to article eleven of the social\nservices law, including but not limited to incident management and\nreporting, provided that in making any such designation or\nre-designation of such lead agency, consideration shall be given to the\nfollowing factors: the proportion of services provided or recipients\nserved in the dually licensed or co-located facilities and provider\nagencies pursuant to each license or certification granted by a state\noversight agency, the recommendations of the respective state oversight\nagencies that granted such licensure or certification, and the\ndesignation or re-designation that would best protect the health, safety\nand welfare of vulnerable persons served by such facilities and provider\nagencies; provided, further that once designated, a lead agency shall\nonly be re-designated as necessary to protect the health, safety and\nwelfare of vulnerable persons served by such facilities and provider\nagencies;\n (e) where applicable, establishing uniform procedures for character\nand competence reviews of provider agencies initially, and upon renewal\nof licenses and operating certificates requiring a review of performance\nrecords regarding incident management, the role of the board of\ndirectors in maintaining oversight over agency performance in this area,\nand the management of reportable incidents affecting the safety of\nvulnerable persons, including cases of systemic problems; and\n (f) establishing training curricula for employers and employees who\nprovide care and treatment to vulnerable persons, and those who are in\nsupervisory positions with respect to such employees, regarding their\nobligations to report, investigate and prevent reportable incidents.\nTraining and curricula shall address topics, including but not limited\nto: (i) how to identify and report reportable incidents; (ii) the\nprevention of abuse and neglect; (iii) the duty to report reportable\nincidents; (iv) how to adhere to applicable codes of conduct; (v) the\ndisciplinary process and employees' rights pursuant to this article; and\n(vi) how supervisory staff and management can promote compliance with\nthis article by new and existing employees. Such training, which shall\nbe given on a periodic basis, shall include, but not be limited to, live\ntraining and supplemental courses accessible via the internet. Prior to\nimplementation of this article, the justice center shall provide\nadequate interactive training, which shall include live training to the\nextent practicable. Employees may call the hotline established pursuant\nto subdivision two of section four hundred ninety-two of the social\nservices law, and upon inquiry, be given advice and assistance in\ncomplying with their obligations and duties pursuant to this article.\n 2. To maintain a central repository for data relating to the\ninvestigation of all reportable incidents;\n 3. To establish procedures for review of reportable incidents, to\nidentify preventive and corrective actions and to develop and implement\nsuch actions and plans of improvement subject to the requirements of any\nfederal oversight entity;\n 4. To develop standards and training curricula for investigators who\nwill be assigned to investigate reportable incidents involving\nvulnerable persons, and to provide periodic training to such\ninvestigators. Such standards, curricula and training shall address\ntopics including, but not limited to: (a) how to identify and\ninvestigate reportable incidents; (b) the duty to report reportable\nincidents; (c) the requirements of all codes of conduct; (d) all\napplicable disciplinary processes; (e) protocols and procedures pursuant\nto subdivision twenty-eight of this section; and (f) employees' rights\npursuant to this article;\n 5. To review and evaluate the criminal history information for any\nperson applying to be an employee, volunteer or consultant for whom a\ncriminal background check is required by law as a condition of\nemployment at any facilities or provider agencies as defined in\nsubdivision four of section four hundred eighty-eight of the social\nservices law that are operated, licensed or certified by the office of\nmental health, the office for people with developmental disabilities and\nthe office of children and family services. Such review and evaluation\nshall include but not be limited to a requirement that the applicant\nsign a sworn statement whether, to the best of his or her knowledge, he\nor she has ever been convicted of a crime in this state or any other\njurisdiction;\n 6. To conduct periodic orientation, training and informational\nprograms upon appointment or reappointment, and as otherwise needed, to\nassist the members of the boards of visitors of mental hygiene\nfacilities to fulfill their responsibilities pursuant to law;\n 7. (a) To visit, inspect and appraise the management of facilities or\nprovider agencies as defined in subdivision four of section four hundred\neighty-eight of the social services law providing services to vulnerable\npersons, and residential schools or facilities located outside of New\nYork state that are at that time serving any residents of the state of\nNew York as set forth in subdivision five of section four hundred ninety\nof the social services law, with specific attention to the safety,\nsecurity and quality of care provided to patients and residents;\n (b) To provide staff and other necessary assistance upon request to\nboards of visitors of department of mental hygiene facilities in\nperforming their duties pursuant to law;\n (c) To receive and review periodic and annual reports of the boards of\nvisitors of each department of mental hygiene facility;\n (d) To place such members of its staff as it deems appropriate as\nmonitors in any facility or provider agency as defined in subdivision\nfour of section four hundred eighty-eight of the social services law\nwhich, in the judgment of the executive director, presents an imminent\ndanger to the health or safety of the patients, residents or employees\nof such facility;\n 8. To accept, as agent of the state, any grant, including federal\ngrants, or any gift for any of the purposes of this article. Any moneys\nso received may be expended by the justice center to effectuate any\npurpose of this article, subject to the same limitations as to approval\nof expenditures and audit as are prescribed for state moneys\nappropriated for the purposes of this article;\n 9. To enter into contracts with any person, firm, corporation,\nmunicipality or governmental agency for the performance of functions\nauthorized by law;\n 10. To administer an adult home and residence for adults resident\nadvocacy program to assist residents, who have at any time received or\nare receiving services from a mental hygiene provider, of adult homes\nand residences for adults, as defined in section two of the social\nservices law, where at least twenty-five percent or twenty-five\nresidents, whichever is less, have at any time received or are receiving\nservices from a mental hygiene provider which is licensed, operated or\nfunded by the office of mental health or office for people with\ndevelopmental disabilities, in understanding their legal rights, and to\npromote and protect the rights of such residents.\n 11. To advise and assist vulnerable persons and individuals with\ndisabilities, family members, advocates, service providers and community\norganizations in the formation of strategies to identify and meet the\nneeds of vulnerable persons and individuals with disabilities for\nservices, supports and advocacy;\n 12. To advise and assist the governor and public and private entities\nin the development and implementation of state policies which meet the\nneeds of vulnerable persons and individuals with disabilities in a\nmanner that is respectful of the rights and choices of vulnerable\npersons and individuals with disabilities;\n 13. To serve as a clearinghouse for information relating to services,\nsupports and advocacy for vulnerable persons and individuals with\ndisabilities and provide a statewide system of information and referral\nto link persons seeking information and assistance with public and\nprivate sector services, supports and advocacy which may be appropriate\nto meet their needs;\n 14. To advise and assist the governor, state agencies, vulnerable\npersons, individuals with disabilities and public and private sector\nentities in the design and implementation of initiatives to increase\naccess to technology related assistance for vulnerable persons and\nindividuals with disabilities;\n 15. To administer the surrogate decision-making committee program, as\nauthorized pursuant to article eighty of the mental hygiene law;\n 16. To stimulate community interest in the problems experienced by\nvulnerable persons and individuals with disabilities and promote public\nawareness of resources available to such persons and individuals;\n 17. To advise and assist political subdivisions of the state in the\ndevelopment of local programs for vulnerable persons and individuals\nwith disabilities;\n 18. To advise and assist educational institutions in the state in the\ndevelopment of courses of study for persons engaged in public and\nprivate programs for vulnerable persons and individuals with\ndisabilities;\n 19. To conduct or cause to be conducted such studies of the needs of\nvulnerable persons and individuals with disabilities as may be\nappropriate;\n 20. To do all other things necessary to carry out its functions,\npowers and duties set forth in this article;\n 21. To receive and review reports required pursuant to section 16.19\nof the mental hygiene law and take any action as required by law. The\njustice center also shall assist the commissioner of the office for\npeople with developmental disabilities in developing and preparing\nrecommendations required by paragraph three of subdivision (d) of\nsection 16.19 of the mental hygiene law for submission to the governor,\ntemporary president of the senate and speaker of the assembly;\n 22. To prepare and disseminate an educational pamphlet, and serve as\nan information clearinghouse, on the rights of parents and legal\nrepresentatives and advocates to access records and reports relating to\npatient care and treatment and all other relevant documents from\nprograms and facilities that are licensed, certified or operated by the\noffices of mental health, people with developmental disabilities,\nalcoholism and substance abuse services, and children and family\nservices, and the department of health and the state education\ndepartment. Such pamphlet shall include a discussion of how to appeal a\ndecision denying a requested record or report;\n 23. To consult with the commissioner of education regarding the\npromulgation of rules and regulations requiring that every school bus\ndriver and school bus attendant serving students with disabilities\nreceive training and instruction relating to the understanding of and\nattention to the special needs of such students pursuant to subdivision\none of section thirty-six hundred fifty of the education law and\nsubdivision four of section twelve hundred twenty-nine-d of the vehicle\nand traffic law;\n 24. To monitor and make recommendations regarding the quality of care\nprovided to incarcerated individuals with serious mental illness,\nincluding those who are in a residential mental health treatment unit or\nsegregated confinement in facilities operated by the department of\ncorrections and community supervision, and oversee compliance with\nparagraphs (d) and (e) of subdivision six of section one hundred\nthirty-seven, and section four hundred one of the correction law. Such\nresponsibilities shall be carried out in accordance with section four\nhundred one-a of the correction law;\n 25. (a) To make a preliminary determination whether matters referred\nto its attention, warrant investigation and, if so, conduct an\ninvestigation of such scope and duration as it deems necessary and\nproper;\n (b) Make findings concerning such matters referred to its attention\nand, where it deems appropriate, make a report and recommendations,\nwhich shall be provided to the commissioner and to the director of the\nfacility involved. Such commissioner and director shall each make a\nwritten response, within ninety days of receipt of such report, of\naction taken regarding each of the recommendations in the report;\n 26. To review the cost effectiveness of mental hygiene programs and\nprocedures provided for by law with particular attention to efficiency,\neffectiveness and economy in the management, supervision and delivery of\nsuch programs. Such review may include but is not limited to: (a)\ndetermining reasons for rising costs and possible means of controlling\nthem; (b) analyzing and comparing expenditures in mental hygiene to\ndetermine the factors associated with variations in costs; and (c)\nanalyzing and comparing achievements in selected samples to determine\nthe factors associated with variations in program success and their\nrelationship to mental hygiene costs; and\n 27. In its discretion, to review the policies and practices relating\nto the prevention of abuse or neglect in facilities or provider\nagencies, including staffing patterns of various service models and the\nsupervision required to help ensure the safety of service recipients.\n 28. To carry out investigations by observing critical protocols and\nprocedures to ensure the safety of a vulnerable person or persons in\nlight of their clinical, personal considerations and the need for the\ntimely completion of an effective investigation. Such protocols and\nprocedures shall be developed by the justice center in consultation with\nthe advisory council established pursuant to section five hundred\nsixty-one of this article and the appropriate state agency. Protocols\nand procedures developed jointly by the director of the justice center\nand the respective state oversight agency shall be considered final upon\nagreement between the director and any such commissioner and shall not\ndepend on a final agreement between the director of the justice center\nand all affected agency commissioners. Such protocols and procedures\nshall include:\n (a) In the event that it is necessary to obtain information in the\ncourse of an investigation from a vulnerable person, protocols and\nprocedures shall be established for ascertaining whether or not\ninterviewing such person is clinically contraindicated prior to such\ninterview taking place. Nothing in this subdivision shall be construed\nto require a formal clinical assessment prior to interviewing a\nvulnerable person.\n (i) For those vulnerable persons subject to an interview, the justice\ncenter shall develop appropriate procedures and protocols to ensure that\nany interview is conducted safely and in a timely fashion in light of\nrelevant clinical, behavioral and other facts relating to the\nindividual's disability, safety and wellbeing. Such protocols and\nprocedures shall also recognize any ability the vulnerable person may\nhave to advocate on his or her own behalf by providing information to\nfacilitate an investigation to enhance his or her own safety and\nwellbeing and the safety and wellbeing of others.\n (ii) In the event that an interview is clinically contraindicated,\ndespite the provision of appropriate procedures and protocols, including\nspecial accommodations for effectively and safely obtaining timely\ninformation in light of the person's clinical characteristics such as\nthe presence of a personal representative as defined in section four\nhundred eighty-eight of the social services law, the vulnerable person\nshall be exempt from such interview. However, the justice center may\ndetermine not to grant such exemption if, in accordance with protocols\nand procedures developed pursuant to this section, it determines that\nthere exists an overriding health and safety need to proceed with an\ninterview of the vulnerable person and provided that the justice center\ntakes necessary means to protect such vulnerable person's health, safety\nand wellbeing during such interview.\n (b) Procedures to inform a vulnerable person and/or their personal\nrepresentative of the protocols used in an interview and that such\ninterview is voluntary. Further, if applicable as determined by the\njustice center, the vulnerable person shall be informed that any search\nof the vulnerable individual's person or property shall also be done\nvoluntarily. Such procedures shall include:\n (i) Appropriate notification to a vulnerable person as to what to\nexpect in an interview;\n (ii) An appropriate means of interviewing a vulnerable person given\nthe limitations such individual may have in comprehending questions as\nwell as given linguistic and cultural barriers to such understanding;\n (iii) Appropriate notification, when at all advisable given the nature\nof an investigation to a personal representative that a vulnerable\nperson shall be questioned or subject to an interview and to enable such\npersonal representative to provide any information which they believe is\nnecessary to protect the individual;\n (iv) Procedures for determining under what circumstance a personal\nrepresentative shall accompany an individual with a disability or a\nvulnerable person during an interview.\n (c) Procedures to facilitate the preparation of pertinent information,\nincluding clinical information, necessary to safely conduct an\ninvestigation pursuant to this section, including timely notification by\nthe justice center to the appropriate administrative personnel of the\nagency serving such vulnerable person that such information will be\nrequired. Such information shall be readily available to the justice\ncenter on a form it prescribes prior to any contact between the justice\ncenter and such individual.\n