In September 2014, Governor Cuomo signed S.7232-A (Carlucci) / A.9605-A (Gunther) into law as Chapter 394 of the Laws of 2014.  Chapter 394 requires the Justice Center to develop protocols to ensure the safety of service recipients during interviews for abuse and neglect investigations.  As required by the law, these protocols were developed in consultation with the Justice Center’s Advisory Council and State Oversight Agencies.

The protocols codify what the Justice Center has already established in practice for Justice Center investigators; however, effective July 1, 2015, the protocols will apply to all investigations of abuse and neglect conducted by the Justice Center, State Oversight Agencies and facilities and provider agencies under the Justice Center’s jurisdiction.

Under these protocols, provider agencies will be required to notify personal representatives of service recipients who are identified as victims as well as those identified as potential witnesses.  Personal representatives will also be asked for additional information regarding the most effective ways to communicate with the service recipient to support the interview process.

Elements of the protocols:

  • Key terms
  • Process for notifications
  • Interview protocols
  • Training 
  • Implementation date

Citation:  NYS Executive Law §553(28)

Resources:

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