New York Justice Center Defense Lawyers

The New York State Justice Center for the Protection of People with Special Needs, commonly known as the Justice Center, was established in 2013 to protect vulnerable individuals from abuse, neglect and other forms of mistreatment. The agency investigates incidents within facilities and programs licensed or certified by the state, such as group homes, nursing homes and mental health facilities.

The Justice Center plays a crucial role in safeguarding the rights of individuals who seek care. However, the agency’s overzealousness in pursuing accountability among those who engage in potential wrongdoing can also lead to false accusations against New York healthcare employees. Not only is being the subject of a Justice Center investigation distressing, but it can also have a devastating impact on your career and reputation.

If you are facing a Justice Center investigation for neglect or abuse, contact a skilled New York defense lawyer right away. The high stakes involved mean that having skilled legal representation is vital. The Brill Legal Group represents professionals employed in facilities under the Justice Center’s oversight. We will fight to protect your rights and mitigate the potential consequences of serious allegations.

Role and Responsibilities of the Justice Center

One of the Justice Center’s key roles is thoroughly investigating claims of abuse or neglect at facilities under its oversight, both criminal and non-criminal. Around 1 million people receive services from facilities or programs across the six agencies under the Justice Center’s jurisdiction:

• Office for People with Developmental Disabilities (OPWDD)
• Office of Mental Health (OMH)
• Office of Addiction Services and Supports (OASAS)
• Office of Children and Family Services (OCFS)
• Department of Health (DOH)
• State Education Department (SED)

The Justice Center has the authority to investigate reported incidents and pursue administrative sanctions against staff found responsible for misconduct. The agency may also recommend disciplinary action based on its findings. In June 2024, 71.1 percent of the Justice Center’s active abuse and neglect cases involved the OPWDD. Around 13.8 percent of cases were related to the OCFS.

The Justice Center’s investigation of abuse and neglect allegations is considered an administrative process rather than criminal proceedings. However, if a claim is found to be a criminal offense, the agency will work closely with local law enforcement to pursue a joint investigation.

Who May Be Targeted for a Justice Center Investigation?

Anyone who is investigated for abuse or neglect may face serious legal and professional consequences, underscoring the importance of seeking the help of an experienced New York Justice Center defense lawyer. A range of professionals working within facilities or programs under the Justice Center’s oversight may be subjected to allegations of wrongdoing, including:

• Care facility staff at group homes, nursing homes and mental health facilities
• Medical professionals such as doctors, nurses and therapists
• Administrators, managers and others in supervisory roles within care facilities
• Direct support employees, such as personal aides or caregivers
• Regular or occasional volunteers at care facilities
• Facility owners may be held accountable for systemic issues

Overview of the Incident Review Process

The Justice Center operates a toll-free hotline, known as the Vulnerable Persons’ Central Register (VPCR). Anyone, including family members or administrative staff, can make a report to the VPCR hotline when they have reason to believe that a person with special needs has suffered abuse, neglect or mistreatment. Because the hotline is anonymous, the accused individual will not know who reported them to the Justice Center and triggered a potential investigation.

Here is an overview of what happens:

• Intake: The VPCR receives a report of an allegation and gives it an incident number. When multiple reports are made for the same incident, they are combined to create a single case.
• Review: The incident is labeled either reportable or non-reportable. Reportable incidents include abuse or neglect, significant incidents or death. Non-reportable incidents may be general inquiries or beyond the Justice Center’s jurisdiction.
• Investigation: The Justice Center investigates abuse or neglect allegations based on their severity or setting. Less serious allegations may be passed onto the relevant State Oversight Agency.
• Determination: Once the investigation concludes, the Justice Center decides whether each allegation should be substantiated or unsubstantiated. The accused may face discipline for substantiated allegations. Unsubstantiated reports are sealed right away. 

Types of Allegations

Incidents reported to the Justice Center fall under the following classifications:

• Abuse: Physical, psychological or sexual abuse, including purposefully misusing restraints or obstructing an investigation.
• Neglect: Failing to provide proper supervision, health care, food, shelter, clothing or education access.
• Significant incident: An incident other than abuse or neglect that may harm the health or wellbeing of an individual receiving services.
• Non-NYJC incident: The incident is not reportable to the Justice Center or occurred outside its jurisdiction.
• Not an incident: General inquiries or misdirected calls.
• Death: The death of an individual under the care of a Justice Center-overseen facility or program. Some deaths may warrant further investigation upon review.

In 2023, there were 85,212 total reports made to the Justice Center. Of those, 31,447 were non-NYJC incidents, while 27,866 were significant incidents, 13,076 were abuse and neglect, and 11,173 were not an incident. In June 2024, the Justice Center received 7,269 incident reports. Of those, 2,499 were classified as significant incidents, while 1,259 reports were related to abuse and neglect.

Consequences of a Justice Center Investigation

Once an investigation concludes, the Justice Center decides whether each allegation is substantiated or unsubstantiated. An allegation of abuse or neglect may be unsubstantiated if there is a lack of evidence. Unsubstantiated reports are immediately sealed and cannot be viewed by future employers.

Substantiated allegations are assigned a category level depending on their severity. An average of 37 percent of abuse and neglect cases are substantiated by the Justice Center each year. In 2023, the most common substantiated offense was neglect, accounting for 92.9 percent of cases in state-operated facilities and 87 percent of cases in non-state-operated ones. That year, 42.6 percent of cases at state-operated facilities were substantiated while 57.4 percent were unsubstantiated.

If there is evidence of serious acts of abuse or neglect, the professional may be placed on a Staff Exclusion List (SEL). Once an individual is on this statewide list, they are barred from working at agencies under the Justice Center’s jurisdiction. As of June 2024, there are 970 individuals on the SEL.

Those with substantiated allegations may face further discipline, such as termination from employment. In most cases, disciplinary actions are determined by the employer rather than the Justice Center. The Justice Center is only involved in disciplinary decisions for state employees. In 2023, 186 employees at state-operated facilities were terminated based on substantiated findings while 3,446 were terminated at non-state-operated facilities.

If the allegations against a professional are substantiated, they have the right to appeal the Justice Center’s findings within 30 days. The appeals process involves a formal hearing where evidence is presented and witnesses are cross-examined.

Some cases may result in criminal prosecutions, which can mean harsh penalties. The allegations may be investigated by the Justice Center, local authorities or both. Since June 2013, the Justice Center or local district attorney offices have initiated 1,047 criminal prosecutions.

How Justice Center Claims are Classified

Once the Justice Center completes an investigation and determines that an allegation is substantiated, a category level is assigned on a scale of 1 to 4 based on the severity of harm. Category 1 is the most egregious while Category 3 is the least serious. Category 4 cases involve findings against a provider or organization rather than an individual.

Less than 3 percent of substantiated abuse and neglect cases have a Category 1 finding. In June 2024, 1.9 percent of substantiated cases contained at least one Category 1 finding. The majority of substantiated cases during that period, 72.4 percent, had at least one Category 3 incident.

Here is an overview of Justice Center category levels:

• Category 1: Cases involve physical assault, sexual abuse or other serious misconduct. For example, a staff member repeatedly hits a patient or transports them in a van while under the influence of alcohol. A professional is permanently added to the SEL.
• Category 2: A professional’s actions significantly threaten the health or safety of an individual due to abuse or neglect. For example, a custodian fails to secure keys to an agency vehicle, thereby enabling a patient to run away. Offenses in this category are sealed after a five-year period and not made public.
• Category 3: Consists of less serious allegations of abuse or neglect. For example, an employee hits a patient but does not cause visible injuries. Cases are sealed after five years and not made public. Additionally, future employers do not receive information about the findings.
• Category 4: A program, facility or provider agency has conditions that expose vulnerable individuals to risk of harm. For example, there may be systemic problems such as lack of training, inadequate staffing or insufficient supervision. Incidents of abuse or neglect in which the person responsible can’t be identified also fall into this category.

What to Expect During a Justice Center Investigation

If you are the subject of a Justice Center investigation, you will receive written notification from the agency containing either an incident or case serial number from the VPCR. Justice Center investigations typically include interviews with the victim and witnesses. You will also undergo questioning about the allegations you face.

Individuals who are union members can have legal counsel or a union representative present during questioning for non-criminal investigations. Non-union professionals can have an attorney accompanying them. At the Brill Legal Group, we are adamant that no New York professional should enter a Justice Center investigation without a defense lawyer protecting their interests throughout the process.

Once the investigation concludes, you will receive a letter of determination via mail. The Justice Center will also share the outcome with the head of your facility or program, as well as the relevant State Oversight Agency. The letter will state whether the allegation against you is substantiated or unsubstantiated. If the Justice Center has found that you committed a Category 1 offense, it will notify you about your SEL placement.

Why You Need a Justice Center Defense Lawyer

Being accused of wrongdoing or investigated by the Justice Center can be daunting. The stakes are high, and the allegations can severely impact your professional life and reputation. Getting added to the SEL can even end your career.

A New York Justice Center defense lawyer understands the laws and regulations relevant to your case. Without experienced representation in your corner, your chances of emerging from the Justice Center investigation process unscathed are slim.

At the Brill Legal Group, we ensure your rights are protected throughout the investigation and any subsequent formal legal proceedings. Our team of Justice Center defense lawyers can help reduce or even avoid the potential consequences, such as inclusion on the dreaded SEL, job termination, loss of professional licenses or criminal charges. We will scrutinize the details of the allegations you face, working to uncover any inconsistencies or weaknesses in the Justice Center’s case.

The Brill Legal Group takes a client-centered approach, offering tailored legal strategies. Our Justice Center defense lawyers understand that fighting abuse and neglect allegations requires a nuanced approach. We have a history of successful outcomes, helping hardworking New York professionals clear their names and move forward with their lives. 

Contact the Brill Legal Group Today

If you are facing Justice Center allegations, don’t navigate this challenging situation alone. Our New York Justice Center defense lawyers are ready to defend your reputation when your career is on the line. We have decades of experience successfully representing clients in all manner of administrative, disciplinary and criminal proceedings. Contact the Brill Legal Group for a free consultation.