Justice Center for the Protection of People with Special Needs

Agency Web Site: https://www.justicecenter.ny.gov/

Mission

The Justice Center for the Protection of People with Special Needs (Justice Center) is committed to supporting and protecting the health, safety, and dignity of all people with special needs and disabilities through advocacy of their civil rights, prevention of mistreatment, and investigation of all allegations of abuse and neglect so that appropriate actions are taken.

Organization and Staffing

The Justice Center has an authorized staffing level of 420 FTEs, with responsibility for two major program areas: the call center and investigations. The agency also has a legal team and staff that work in a variety of program areas including advocacy, training, and general administration. To support the investigative program, the Justice Center has prosecutorial jurisdiction to bring criminal charges in courts across the State. Additionally, the agency’s responsibilities include maintaining a Staff Exclusion List of people who are prohibited from working with these vulnerable populations.

Budget Highlights

The FY 2022 Executive Budget recommends nearly $58 million in new appropriations. This represents a decrease of approximately $0.6 million from FY 2021 and is based on the anticipated agency operating costs.

To protect the health and safety of vulnerable individuals in the State’s care, the Justice Center has primary responsibility for receiving, investigating and/or reviewing abuse and neglect allegations at certain facilities and programs that are operated, certified, or licensed by the following six agencies: Office of Mental Health (OMH), Office for People with Developmental Disabilities (OPWDD), Office of Addiction Services and Supports (OASAS), Department of Health (DOH), Office of Children and Family Services (OCFS), and the State Education Department (SED). The Justice Center is responsible for ensuring the safety and well-being of the approximately one million adults and children who, due to physical or intellectual disabilities, or the need for services or placement, are receiving care from one of approximately 3,500 facilities or service providers overseen by the six State agencies.

Program Highlights

The Justice Center program highlights include the following:

Call Center

The agency’s call center operates 24 hours a day, seven days a week to receive reports of allegations of abuse and neglect. When a caller makes a report, the call center representative enters all details of the incident into an automated case management system, the Vulnerable Persons’ Central Registry (VPCR). Serious abuse and neglect reports and deaths are referred for investigation by the Justice Center, with lesser offenses delegated to the appropriate State Oversight Agency (SOA) listed above for investigation.

Investigations

The Justice Center investigates allegations of abuse and neglect against vulnerable populations served by programs operated, licensed or certified by the six SOAs. Once a report is made to the Justice Center, two types of cases can be created: administrative and criminal. An administrative investigation is conducted in all cases that have an allegation of abuse and neglect, while a criminal investigation is conducted in all cases that have an allegation of potential criminal offense. In addition, local District Attorneys are notified of every allegation of criminal abuse and neglect reported to the Justice Center.

Investigations are conducted by the Justice Center, the SOA, or the provider depending on the severity and setting of the allegation. Every investigation is reviewed by the Justice Center once complete, regardless of what entity conducts it. Every allegation reported to the Justice Center is either deemed to be substantiated or unsubstantiated at the conclusion of the review process.

Prosecutions

In criminal cases, the Justice Center collaborates with State Police, local law enforcement agencies and District Attorneys to pursue prosecution to the extent allowed by the law. The Justice Center also has a Special Prosecutor/Inspector General (SPIG) who can bring criminal charges in courts across the State. The SPIG is not intended to replace local law enforcement but provides additional resources to existing law enforcement agencies and District Attorneys in investigating and prosecuting cases of abuse and neglect involving people with special needs.

Raise the Age (RTA)

The Justice Center’s operations have continued to increase as a result of the RTA initiative and the placement of juveniles ages 16-17 in OCFS operated programs. Additional funding will continue to be made available through a centralized RTA appropriation.

Note: Most recent estimates as of 01/19/2021