NY Exec L § 553 (2021)
2021 New York Laws EXC - Executive Article 20 - Protection of People With Special Needs 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.