§ 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.