Dear Friends and Colleagues:
I was very pleased to join nearly 700 individuals with developmental disabilities, family members, direct care professionals, advocates, and nonprofit providers as Governor Cuomo unveiled new legislation to establish the strongest standards and practices in the nation for protecting people receiving services and supports from OPWDD, the Department of Health, the Office of Mental Health, the Office of Children and Family Services, the Office of Alcoholism and Substance Abuse Services, and the State Education Department.
The governor’s proposed legislation will create a new Justice Center for the Protection of People with Special Needs, an initiative that will transform how the state protects over one million New Yorkers in state operated, certified, or licensed facilities and programs.
The Justice Center will have a special prosecutor and an inspector general for the protection of people with special needs who will investigate reports of abuse and neglect and prosecute allegations that rise to the level of criminal offenses. It will also include a 24/7 hotline run by trained professionals, a comprehensive statewide database that will track all reports of abuse and neglect, and a statewide register of workers who have committed serious acts of abuse who will be prohibited from ever working with people with disabilities or special needs.
There is no question: this legislation will never apply to the vast majority of professionals providing direct care who not only do exceptional work, but are among the most dedicated and committed people I have ever met. Time and again, I have been privileged to witness care providers who will stop at nothing to serve individuals with developmental disabilities. What this legislation will do is provide consistency across state agencies and ensure that the exceptions are held accountable and that direct care professionals are not portrayed unfairly and inaccurately.
Not only was the governor’s proposal developed, in part, as a result of your engagement and willingness to share ideas, concerns, and constructive criticisms, but, so too, have been the reforms we have adopted within OPWDD. Together, we have made significant progress and are restoring faith and trust in our service system. I cannot thank you often enough.
At the same time of my appointment last year, the governor appointed Clarence Sundram his special advisor on vulnerable persons. The governor’s legislation was developed, in part, from recommendations outlined in Mr. Sundram’s newly released report, The Measure of a Society: Protection of Vulnerable Persons in Residential Facilities Against Abuse and Neglect, which is available at www.governor.ny.gov/assets/documents/justice4specialneeds.pdf.
Other components and responsibilities of the proposed Justice Center include the following:
- An executive director, special prosecutor, and inspector general, and a substantial staff of trained investigators, lawyers, and administrators. The Justice Center’s law enforcement branch will have concurrent authority with district attorneys to prosecute abuse and neglect crimes committed against such persons.
- Creation of a statewide 24/7 hotline staffed by trained professionals to ensure that allegations of abuse are promptly reported to law enforcement and fully and effectively investigated.
- Development of a register of workers who have committed serious acts of abuse who will be prohibited rom ever being hired again in any position where they would work with people with disabilities or special needs.
- Representing the state at all disciplinary proceedings relating to substantiated allegations of abuse and neglect.
- Development of common standards for investigations and requirements to be used to train investigators.
- Development of a code of conduct containing the basic ethical standards to which all individuals working with people with special needs and disabilities would be required to subscribe and would be held accountable.
To learn more about the Justice Center, please visit www.Justice4SpecialNeeds.com.
Commissioner Burke
P.S. Communication is critical to our collective success, and OPWDD’s Facebook page is a great place for individuals, family members, employees, advocates, and other stakeholders to exchange thoughts and ideas. Please feel free to join the conversation.