N.Y. Executive Law § 553: Powers and duties of the justice center

§ 553. Powers and duties of the justice center. The justice center

shall have the following powers and duties:

1. To create and establish the statewide vulnerable persons' central

register, as set forth in section four hundred ninety-two of the social

services law, which shall include, but not be limited to:

(a) establishing procedures for the timely response to, and effective

investigation of, allegations of reportable incidents that are accepted

by the statewide vulnerable persons' central register;

(b) establishing procedures for the notification of appropriate

persons and entities with respect to reports and findings of reportable

incidents;

(c) representing the state in all administrative hearings and other

administrative proceedings relating to discipline of state employees and

adjudication of individuals charged with having committed or found to

have committed abuse or neglect, as defined in subdivision eleven of

section four hundred eighty-eight of the social services law (for state

entities bound by collective bargaining, the disciplinary process

established through collective bargaining shall govern);

(d) identifying a process for a coordinated approach to avoid

duplication and provide for timely responses to allegations of

reportable incidents in dually licensed or co-located facilities and

provider agencies, which shall include designation of a lead agency

primarily responsible for carrying out the responsibilities of a

facility or provider agency pursuant to article eleven of the social

services law, including but not limited to incident management and

reporting, provided that in making any such designation or

re-designation of such lead agency, consideration shall be given to the

following factors: the proportion of services provided or recipients

served in the dually licensed or co-located facilities and provider

agencies pursuant to each license or certification granted by a state

oversight agency, the recommendations of the respective state oversight

agencies that granted such licensure or certification, and the

designation or re-designation that would best protect the health, safety

and welfare of vulnerable persons served by such facilities and provider

agencies; provided, further that once designated, a lead agency shall

only be re-designated as necessary to protect the health, safety and

welfare of vulnerable persons served by such facilities and provider

agencies;

(e) where applicable, establishing uniform procedures for character

and competence reviews of provider agencies initially, and upon renewal

of licenses and operating certificates requiring a review of performance

records regarding incident management, the role of the board of

directors in maintaining oversight over agency performance in this area,

and the management of reportable incidents affecting the safety of

vulnerable persons, including cases of systemic problems; and

(f) establishing training curricula for employers and employees who

provide care and treatment to vulnerable persons, and those who are in

supervisory positions with respect to such employees, regarding their

obligations to report, investigate and prevent reportable incidents.

Training and curricula shall address topics, including but not limited

to: (i) how to identify and report reportable incidents; (ii) the

prevention of abuse and neglect; (iii) the duty to report reportable

incidents; (iv) how to adhere to applicable codes of conduct; (v) the

disciplinary process and employees' rights pursuant to this article; and

(vi) how supervisory staff and management can promote compliance with

this article by new and existing employees. Such training, which shall

be given on a periodic basis, shall include, but not be limited to, live

training and supplemental courses accessible via the internet. Prior to

implementation of this article, the justice center shall provide

adequate interactive training, which shall include live training to the

extent practicable. Employees may call the hotline established pursuant

to subdivision two of section four hundred ninety-two of the social

services law, and upon inquiry, be given advice and assistance in

complying with their obligations and duties pursuant to this article.

2. To maintain a central repository for data relating to the

investigation of all reportable incidents;

3. To establish procedures for review of reportable incidents, to

identify preventive and corrective actions and to develop and implement

such actions and plans of improvement subject to the requirements of any

federal oversight entity;

4. To develop standards and training curricula for investigators who

will be assigned to investigate reportable incidents involving

vulnerable persons, and to provide periodic training to such

investigators. Such standards, curricula and training shall address

topics including, but not limited to: (a) how to identify and

investigate reportable incidents; (b) the duty to report reportable

incidents; (c) the requirements of all codes of conduct; (d) all

applicable disciplinary processes; (e) protocols and procedures pursuant

to subdivision twenty-eight of this section; and (f) employees' rights

pursuant to this article;

5. To review and evaluate the criminal history information for any

person applying to be an employee, volunteer or consultant for whom a

criminal background check is required by law as a condition of

employment at any facilities or provider agencies as defined in

subdivision four of section four hundred eighty-eight of the social

services law that are operated, licensed or certified by the office of

mental health, the office for people with developmental disabilities and

the office of children and family services. Such review and evaluation

shall include but not be limited to a requirement that the applicant

sign a sworn statement whether, to the best of his or her knowledge, he

or she has ever been convicted of a crime in this state or any other

jurisdiction;

6. To conduct periodic orientation, training and informational

programs upon appointment or reappointment, and as otherwise needed, to

assist the members of the boards of visitors of mental hygiene

facilities to fulfill their responsibilities pursuant to law;

7. (a) To visit, inspect and appraise the management of facilities or

provider agencies as defined in subdivision four of section four hundred

eighty-eight of the social services law providing services to vulnerable

persons, and residential schools or facilities located outside of New

York state that are at that time serving any residents of the state of

New York as set forth in subdivision five of section four hundred ninety

of the social services law, with specific attention to the safety,

security and quality of care provided to patients and residents;

(b) To provide staff and other necessary assistance upon request to

boards of visitors of department of mental hygiene facilities in

performing their duties pursuant to law;

(c) To receive and review periodic and annual reports of the boards of

visitors of each department of mental hygiene facility;

(d) To place such members of its staff as it deems appropriate as

monitors in any facility or provider agency as defined in subdivision

four of section four hundred eighty-eight of the social services law

which, in the judgment of the executive director, presents an imminent

danger to the health or safety of the patients, residents or employees

of such facility;

8. To accept, as agent of the state, any grant, including federal

grants, or any gift for any of the purposes of this article. Any moneys

so received may be expended by the justice center to effectuate any

purpose of this article, subject to the same limitations as to approval

of expenditures and audit as are prescribed for state moneys

appropriated for the purposes of this article;

9. To enter into contracts with any person, firm, corporation,

municipality or governmental agency for the performance of functions

authorized by law;

10. To administer an adult home and residence for adults resident

advocacy program to assist residents, who have at any time received or

are receiving services from a mental hygiene provider, of adult homes

and residences for adults, as defined in section two of the social

services law, where at least twenty-five percent or twenty-five

residents, whichever is less, have at any time received or are receiving

services from a mental hygiene provider which is licensed, operated or

funded by the office of mental health or office for people with

developmental disabilities, in understanding their legal rights, and to

promote and protect the rights of such residents.

11. To advise and assist vulnerable persons and individuals with

disabilities, family members, advocates, service providers and community

organizations in the formation of strategies to identify and meet the

needs of vulnerable persons and individuals with disabilities for

services, supports and advocacy;

12. To advise and assist the governor and public and private entities

in the development and implementation of state policies which meet the

needs of vulnerable persons and individuals with disabilities in a

manner that is respectful of the rights and choices of vulnerable

persons and individuals with disabilities;

13. To serve as a clearinghouse for information relating to services,

supports and advocacy for vulnerable persons and individuals with

disabilities and provide a statewide system of information and referral

to link persons seeking information and assistance with public and

private sector services, supports and advocacy which may be appropriate

to meet their needs;

14. To advise and assist the governor, state agencies, vulnerable

persons, individuals with disabilities and public and private sector

entities in the design and implementation of initiatives to increase

access to technology related assistance for vulnerable persons and

individuals with disabilities;

15. To administer the surrogate decision-making committee program, as

authorized pursuant to article eighty of the mental hygiene law;

16. To stimulate community interest in the problems experienced by

vulnerable persons and individuals with disabilities and promote public

awareness of resources available to such persons and individuals;

17. To advise and assist political subdivisions of the state in the

development of local programs for vulnerable persons and individuals

with disabilities;

18. To advise and assist educational institutions in the state in the

development of courses of study for persons engaged in public and

private programs for vulnerable persons and individuals with

disabilities;

19. To conduct or cause to be conducted such studies of the needs of

vulnerable persons and individuals with disabilities as may be

appropriate;

20. To do all other things necessary to carry out its functions,

powers and duties set forth in this article;

21. To receive and review reports required pursuant to section 16.19

of the mental hygiene law and take any action as required by law. The

justice center also shall assist the commissioner of the office for

people with developmental disabilities in developing and preparing

recommendations required by paragraph three of subdivision (d) of

section 16.19 of the mental hygiene law for submission to the governor,

temporary president of the senate and speaker of the assembly;

22. To prepare and disseminate an educational pamphlet, and serve as

an information clearinghouse, on the rights of parents and legal

representatives and advocates to access records and reports relating to

patient care and treatment and all other relevant documents from

programs and facilities that are licensed, certified or operated by the

offices of mental health, people with developmental disabilities,

alcoholism and substance abuse services, and children and family

services, and the department of health and the state education

department. Such pamphlet shall include a discussion of how to appeal a

decision denying a requested record or report;

23. To consult with the commissioner of education regarding the

promulgation of rules and regulations requiring that every school bus

driver and school bus attendant serving students with disabilities

receive training and instruction relating to the understanding of and

attention to the special needs of such students pursuant to subdivision

one of section thirty-six hundred fifty of the education law and

subdivision four of section twelve hundred twenty-nine-d of the vehicle

and traffic law;

24. To monitor and make recommendations regarding the quality of care

provided to incarcerated individuals with serious mental illness,

including those who are in a residential mental health treatment unit or

segregated confinement in facilities operated by the department of

corrections and community supervision, and oversee compliance with

paragraphs (d) and (e) of subdivision six of section one hundred

thirty-seven, and section four hundred one of the correction law. Such

responsibilities shall be carried out in accordance with section four

hundred one-a of the correction law;

25. (a) To make a preliminary determination whether matters referred

to its attention, warrant investigation and, if so, conduct an

investigation of such scope and duration as it deems necessary and

proper;

(b) Make findings concerning such matters referred to its attention

and, where it deems appropriate, make a report and recommendations,

which shall be provided to the commissioner and to the director of the

facility involved. Such commissioner and director shall each make a

written response, within ninety days of receipt of such report, of

action taken regarding each of the recommendations in the report;

26. To review the cost effectiveness of mental hygiene programs and

procedures provided for by law with particular attention to efficiency,

effectiveness and economy in the management, supervision and delivery of

such programs. Such review may include but is not limited to: (a)

determining reasons for rising costs and possible means of controlling

them; (b) analyzing and comparing expenditures in mental hygiene to

determine the factors associated with variations in costs; and (c)

analyzing and comparing achievements in selected samples to determine

the factors associated with variations in program success and their

relationship to mental hygiene costs; and

27. In its discretion, to review the policies and practices relating

to the prevention of abuse or neglect in facilities or provider

agencies, including staffing patterns of various service models and the

supervision required to help ensure the safety of service recipients.

28. To carry out investigations by observing critical protocols and

procedures to ensure the safety of a vulnerable person or persons in

light of their clinical, personal considerations and the need for the

timely completion of an effective investigation. Such protocols and

procedures shall be developed by the justice center in consultation with

the advisory council established pursuant to section five hundred

sixty-one of this article and the appropriate state agency. Protocols

and procedures developed jointly by the director of the justice center

and the respective state oversight agency shall be considered final upon

agreement between the director and any such commissioner and shall not

depend on a final agreement between the director of the justice center

and all affected agency commissioners. Such protocols and procedures

shall include:

(a) In the event that it is necessary to obtain information in the

course of an investigation from a vulnerable person, protocols and

procedures shall be established for ascertaining whether or not

interviewing such person is clinically contraindicated prior to such

interview taking place. Nothing in this subdivision shall be construed

to require a formal clinical assessment prior to interviewing a

vulnerable person.

(i) For those vulnerable persons subject to an interview, the justice

center shall develop appropriate procedures and protocols to ensure that

any interview is conducted safely and in a timely fashion in light of

relevant clinical, behavioral and other facts relating to the

individual's disability, safety and wellbeing. Such protocols and

procedures shall also recognize any ability the vulnerable person may

have to advocate on his or her own behalf by providing information to

facilitate an investigation to enhance his or her own safety and

wellbeing and the safety and wellbeing of others.

(ii) In the event that an interview is clinically contraindicated,

despite the provision of appropriate procedures and protocols, including

special accommodations for effectively and safely obtaining timely

information in light of the person's clinical characteristics such as

the presence of a personal representative as defined in section four

hundred eighty-eight of the social services law, the vulnerable person

shall be exempt from such interview. However, the justice center may

determine not to grant such exemption if, in accordance with protocols

and procedures developed pursuant to this section, it determines that

there exists an overriding health and safety need to proceed with an

interview of the vulnerable person and provided that the justice center

takes necessary means to protect such vulnerable person's health, safety

and wellbeing during such interview.

(b) Procedures to inform a vulnerable person and/or their personal

representative of the protocols used in an interview and that such

interview is voluntary. Further, if applicable as determined by the

justice center, the vulnerable person shall be informed that any search

of the vulnerable individual's person or property shall also be done

voluntarily. Such procedures shall include:

(i) Appropriate notification to a vulnerable person as to what to

expect in an interview;

(ii) An appropriate means of interviewing a vulnerable person given

the limitations such individual may have in comprehending questions as

well as given linguistic and cultural barriers to such understanding;

(iii) Appropriate notification, when at all advisable given the nature

of an investigation to a personal representative that a vulnerable

person shall be questioned or subject to an interview and to enable such

personal representative to provide any information which they believe is

necessary to protect the individual;

(iv) Procedures for determining under what circumstance a personal

representative shall accompany an individual with a disability or a

vulnerable person during an interview.

(c) Procedures to facilitate the preparation of pertinent information,

including clinical information, necessary to safely conduct an

investigation pursuant to this section, including timely notification by

the justice center to the appropriate administrative personnel of the

agency serving such vulnerable person that such information will be

required. Such information shall be readily available to the justice

center on a form it prescribes prior to any contact between the justice

center and such individual.