Notice to Mandated Reporters

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1 ATTACHMENT 2 N.Y.S. PROTECTION OF PEOPLE WITH SPECIAL NEEDS A CT NOTICE TO MANDATED R EPO R T ERS Justice Center Guidance - June 11, 2013 This Notice provides Mandated Reporters with an overview of their legal duties under the New York State Protection of People with Special Needs Act (the Act) to report Abuse, Neglect and Significant Incidents involving vulnerable persons to the Vulnerable Persons' Central Register (VPCR), a 24/7 hotline operated by the Justice Center for the Protection of People with Special Needs (Justice Center). The effective date of this new reporting requirement is June 30, 2013. WHAT ARE MANDATED REPORTERS REQUIRED TO REPORT? Effective June 30, 2013, Mandated Reporters have a legal duty to: Report to the Justice Center, by calling the VPCR at 1-855-373-2122, if they have reasonable cause to suspect abuse or neglect of a Vulnerable Person, including a child receiving residential services in a facility or provider listed below. Certain Mandated Reporters may also submit reports by completing a form available on the Justice Center website. Report all Significant Incidents to the Justice Center by calling the VPCR at 1-855-373-2122 or by completing the form on the Justice Center website. Call the Statewide Central Register of Child Abuse and Maltreatment if they have reasonable cause to suspect abuse or maltreatment of children in family and foster homes, and day care settings. Suspicion of child abuse or neglect in a day care setting, foster family boarding homes, or within a family home must continue to be reported to the Statewide Central Register of Child Abuse and Maltreatment at 1-800-635-1522. WHO ARE MANDATED REPORTERS? Mandated Reporters are (1) Custodians and (2) Human Service Professionals.
2 1. Custodians: Employees, volunteers, directors and operators of covered facilities and programs (please see list on Page 3), and External staff who have regular and substantial contact with the people being served. 2. Human Service Professionals: Child Care or Foster Care Worker; Chiropractor; Christian Science Practitioner; Coroner; Dental Hygienist; Dentist; District Attorney or Assistant District Attorney; Emergency Medical Technician; Hospital Personnel engaged in the admission, examination, care, or treatment of persons; Intern; Investigator employed in the office of the district attorney; any other Law Enforcement Official; Licensed Creative Arts Therapist; Licensed Marriage and Family Therapist; Licensed Mental Health Counselor; Licensed Occupational Therapist; Licensed Physical Therapist; Licensed Practical Nurse; Licensed Psychoanalyst; Licensed Speech/Language Pathologist/Audiologist; Medical Examiner; Mental Health Professional; Nurse Practitioner; NYS Office of Alcoholism and Substance Abuse - all persons credentialed by OASAS; Optometrist; Osteopath; Peace Officer; Physician; Podiatrist; Police Officer; Psychologist; Registered Nurse; Registered Physician's Assistant; Resident (medical); Social Services Worker; Social Worker; Surgeon, and School Official, including but not limited to: School Teacher, School Guidance Counselor; School Psychologist; School Social Worker; School Nurse; School Administrator; or other school personnel required to hold teaching or administrative license or certificate. WHAT TYPE OF INFORMATION SHOULD A MANDATED REPORTER BE PREPARED TO PROVIDE TO THE JUSTICE CENTER? Details regarding the victim(s), suspect(s) and witnesses(s). Details of the incident, including the date and time, location, description of incident and injury/impact to the victim. State agency responsible for oversight of the agency, facility and/or program. Name and address of the agency, facility and/or program. Confirmation that immediate protections are in place for the victim(s), if applicable. Any other information that may assist with the investigation or review of the incident. Note: Mandated Reporters are required to report to the VPCR even if they may not have all the information outlined above. WHEN IS REPORTING REQUIRED? Whenever a Mandated Reporter has reasonable cause to suspect a Reportable Incident involving a vulnerable person, he or she is required to make a report to the VPCR immediately upon discovery .
3 Reasonable Cause means that, based on your observations, training and experience, you have a suspicion that a vulnerable person has been subject to abuse or neglect as described below. Significant incidents that may place a vulnerable person at risk of harm must also be reported. Reasonable cause can be as simple as doubting the explanation given for an injury. Immediately means " right-away;" however reporting may be delayed to prevent harm (e.g., for as long as it takes to call emergency responders and/or address the need to maintain supervision.) Staff "going off-duty" does not justify a reporting delay. In any event, reports must be made to the VPCR within 24 hours. Discovery comes from witnessing the situation or when the vulnerable person or another individual comes to you and the available information indicates reasonable cause. In addition to Mandated Reporters, anyone who has reasonable cause to suspect a Reportable Incident involving a Vulnerable Person should immediately call the VPCR. If a Mandated Reporter or any other person has doubts about whether the available information indicates such reasonable cause, he or she should call the VPCR. Reporting to the VPCR is an additional reporting requirement and does not relieve the Mandated Reporter of any other reporting requirements or duties that may be required by law, regulation or policy. WHO ARE VULNERABLE PERSONS? The Act defines a Vulnerable Person as a person who due to physical or cognitive disabilities or the need for services or placement is receiving care from a facility or provider within the systems of the State Oversight Agencies (SOA). WHAT FACILITIES & PROGRAMS ARE COVERED BY THE ACT? Facilities and programs that are operated, certified, or licensed by the Office for People With Developmental Disabilities (OPWDD); Facilities and programs that are operated, certified, or licensed by the Office of Mental Health (OMH), except Secure Treatment Facilities and programs located in correctional facilities; Facilities and programs that are operated, certified, or licensed by the Office of Alcoholism and Substance Abuse Services (OASAS); Facilities and programs operated by the Office of Children and Family Services (OCFS) for youth placed in the custody of the Commissioner of OCFS; OCFS licensed or certified residential facilities that care for abandoned, abused, neglected, and dependent children, Persons In Need of Supervision, or juvenile delinquents; Family Type Homes for Adults; OCFS certified runaway and homeless youth programs; and OCFS certified youth detention facilities. Adult homes licensed by the Department of Health (DOH) that have over 80 beds, and where at least 25% of the residents are persons diagnosed with a serious mental illness and have fewer than 55% of beds designated as Assisted Living Program (ALP) beds. Overnight summer day and traveling summer day camps for children with developmental
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