April 07, 2015

CEA Meeting Minutes 4/7

I. Introductions
II. Presentation by Davin Robinson and Kelly O’Connor on the functions and responsibilities of the Justice Center
a. The Justice Center is a state agency that was created by the Protection of People with Special Needs Act
i. The intention of the Justice Center is to protect individuals with disabilities from abuse and neglect by service providers
1. Deal with incident reporting, investigation, and prevention
2. Have a Vulnerable Persons Central Register (VPCR) hotline              (1-855-373-2122)
a. Receive hotline calls from mandated reporters, victims, concerned citizens, etc.
ii. Establishes consistent definitions of abuse and neglect
iii. Categories of abuse and neglect – category 1 is the most severe
1. Most allegations of abuse the Justice Center receives are category 3
2. These categories provide guidelines for termination and discipline for custodians
b. Oversees the Department of Health (DOH), Office for People with Developmental Disabilities (OPWDD), Office of Alcoholism and Substance Abuse Services (OASAS), and the State Education Department (SED)
1. Nursing homes and home care agencies are not under jurisdiction
c. All custodians in state operated, licensed, or certified facilities are under the jurisdiction of the Justice Center
i. Anyone who has regular and substantial contact with individuals with disabilities through an agency must sign the Justice Center code of conduct
d. Reportable Incidents
i. The Justice Center hotline workers are not first responders
1. If the call fits within the jurisdiction of the Justice Center, an investigator with make contact with the provider agency within 24 hours
2. If the call does not fit, the Justice Center will make the appropriate referral for the caller
ii. The law requires anyone who witnessed the event to make a call
1. Risk of injury
2. Reasonable cause to believe there was abuse or neglect
3. Discovery- witnessing or being told information
4. Even if the allegation of abuse is known to be false, the incident should still be reported
iii. Types of incidents:
1. Physical abuse
2. Sexual abuse
3. Psychological/emotional abuse
4. Deliberate misuse of restraint or seclusion
a. Includes chemical restraints
5. Neglect
6. Aversive conditioning
7. Obstruction
e. Investigations
i. The Justice Center has some investigators who are sworn officers, but they work closely with local law enforcement agencies on cases
a. All reports made to the Justice Center are recorded and investigators have access to the recordings
ii. Should there be an investigation, the agency will receive a copy of the report upon completion of the investigation by the Justice Center
1. A corrective action plan must be submitted by the agency
iii. Individuals who are found responsible for serious or repeated acts of abuse or neglect as defined by law are put onto a Staff Exclusion List (SEL)
a. Individuals on this list are prohibited from being hired by any facility or provider agency licensed or certified by a State Oversight Agency that serve people with special needs
b. Agencies under the Justice Center jurisdiction have access to this list
f. There were 85,000 reports to the VPCR, 40% of those calls were taken by the Justice Center
1. No penalty for over reporting
g. There is a mobile app available for mandated reporters for Android
h. Forms and guidance are available on the Justice Center website: www.justicecenter.ny.gov
i. Future direction:
i. Abuse prevention: checklist to examine policies and procedures for abuse
ii. Create a vulnerable persons task force
iii. Crime Victims Week: April 19-25th
iv. Outreach to providers and law enforcement
III. CEA Announcements
a. The Dementia Care Symposium is sold out
b. Erie County Coalition Against Family Violence meeting 4/10 at 9am
c. Southtowns Coalition meeting on 4/14
d. Catholic Charities is holding domestic violence victims support classes on Thursdays from 5:30-7 in Kenmore
e. SAFE Trainings are being scheduled: contact Kathy if you want a training for your organization
f. Please take the time to fill out the brief survey for New York’s White House Conference on Aging
g. World Elder Abuse Day is 6/15
i. Accepting nominations for the exceptional service award
h. Meals on Wheels is holding a flower sale (hanging baskets, flats, pots)
i. Contact them if interested
i. Next meeting is 5/5 at Meals on Wheels