The New York State Justice Center for the Protection of People with Special Needs was implemented on June 30, 2013 with the intention of bringing consistency to reporting and investigating allegations of abuse. Mandated reporters are required to report allegations of Abuse/Neglect and Significant Incidents directly to the Justice Center. The phone number for the Justice Center is 1-855-373-2122, and the call center operates 24 hours a day, seven days a week.

 Care Design NY Care Managers are considered mandated reporters and are required to report incidents which occur under the auspices of a provider agency (e.g., a certified residence or day habilitation program) if the care manager cannot confirm that a provider agency has made that call.  The care manager will also alert the provider agency’s quality assurance program to ensure immediate protections are put in place and to initiate their incident management process. 

• paid staff is with the member when the incident occurred.
• paid staff was expected to have been with the member when the incident occurred.
• conditions of the facility caused or contributed to the incident.

If Care Design NY learns that a care manager is alleged to have been involved in a 624 incident (see the OPWDD brochure,  Learning About Incidents at https://opwdd.ny.gov/learning-about-incidents-brochure, for types of 624 incidents.), Care Design NY will report the incident to OPWDD and perform a thorough investigation, which will be reviewed by OPWDD.  Care Design’s Incident Review Committee will review the investigation and provide recommendations to CDNY administration for disciplinary action and training.  Care Design NY does not file reports with the Justice Center.  OPWDD Incident Management Unit reserves the right to assign their own investigator to any Incident that is filed to conduct an independent investigation.

Most of the incidents which Care Design NY reports to OPWDD are considered 625 Events/Situations.  (See the OPWDD brochure, Learning About Incidents at final-part-624-handbook-updated-with-memo-2_16_23.pdf (ny.gov) and  final_cheat_sheet_events-situations_2015_03_13.pdf (ny.gov) for types of 625 incidents.) These include events or situations that are not under the auspices of an agency, such as:

• If the incident occurred at the person’s home, and the person does NOT live in a residential setting. 
• The incident occurred in the community and the person was alone or with family or friends. 
• The incident occurred or may have involved agency personnel during the time he or she was acting under the supervision of a state agency other than OPWDD (e.g., non-residential school).
• Any event or situation that exclusively involves the family, friends, employers, or co-workers of an individual receiving services.
• Any report of neglect that is based on conditions in a private home, excluding a family care home.
• When there is police involvement and/or a crime has been committed.
• Injuries which require treatment beyond basic first aid.
• The death of an individual residing in a community setting (non-residential) unless the member was residing in a certified setting within 30 days of death.

If there is an allegation of abuse, neglect, or financial exploitation, or any crime has been committed against the member, the Care Manager is required to advise that law enforcement be notified.

Upon learning of any event/situation, the care manager is responsible to ensure that immediate protections are put in place.  

These immediate protections include but are not limited to making referrals to:

• Adult Protective Services or Child Protective Services (NYC: Administration for Children’s Services)
• Counseling Services
• Law Enforcement
• School (for therapy, residential placement)
• Family members
• Hospitals

The care manager may also:

• Assess and monitor the person supported.
• Educate the member regarding choices/options.
• Interview the member or others involved.
• Review documents.
• Make referrals.

Following a report, the care manager will request periodic updates regarding the event/situation to ensure immediate protections remain in place and to follow through on referrals made.

If you wish to review the organization’s full Incident Management Policy, you may contact your Care Manager to request an electronic version of the policy or upon written request, a paper copy will be provided to you.