QUESTION

Justice Center in NY

Asked on Jul 14th, 2019 on Civil Rights - New York
More details to this question:
There is a body called the Justice Center in NY state that investigates allegations of abuse and neglect for vulnerable people in facilities like group homes for children, people with developmental disabilities, people with mental illness etc. There seems to be some serious due process issues with the way they investigate allegations. They don’t allow “suspects” to know what the precise allegations are before they question the suspect about the incident so that they could offer some type of defense. There is no trial and though there is an appeals process, the head of the Justice Center can overturn any decision. The determination is made behind closed doors and no one gets to see how or why the determination was made in that way. This is a law enforcement office in NY, yet there doesn’t seem to be any Constitutional due process to protect people from abused or mistreated by the process. How is this legal?
Report Abuse

1 ANSWER

Labor and Employment Attorney serving Tarrytown, NY at Urba Law PLLC
Update Your Profile
It's a process which appears to be designed to encourage self-reporting and self-policing but it does not always work that way. Since it is very difficult to regulate some of these facilities [employers], the Justice Center relies on employees to be its eyes and ears. Anyone who works within any of these "vulnerable persons" organizations is best served by: 1) Truly understanding the rules and regulations which govern what they do 2) Studying their employer's policies and procedures 3) Having good communication with supervisors as well as human resources 4) Not be afraid to report incidents which truly appear to be potential abuse or dangerous to vulnerables. The problem, as with any system, is that sometimes employees try to use the system in their own defense which really messes it up for everyone. When an employee maybe has been reported, they realize that what they did or did not do may have been questionable, so the "subject" decides to report others and the whole process spirals out of control. Not that they are perfect but the Justice System invests a ton of time into a process to try to come up with the right result. They probably get it right the majority of the time but of course some people fall through the cracks. For example, an employee who does not want to raise flags, report others, etc... does not do very well in this type of process. Every employee who is a mandatory reporter needs to report everything that they reasonably believe is a violation. Not a personality conflict or another employee they don't like but truly harming vulnerables. If every employee just looked at this process as what's in the best interest of the residents or vulnerable persons and not in their own interests or their friends' interests the system would work a lot better. But until every employee sees that it's not about them or about their friends but it's truly about the residents and vulnerables there will be more employees who need to find other lines of work. The DA's offices do go after criminal activity with the Justice Center but the worst thing that happens when someone does not timely, regularly report, aside from potential criminal charges, is they have to find another way to earn a living. If you have to rank who is most important in this type of a system it goes something like: 1) Vulnerable citizens are top priority 2) Justice Center is next 3) Employer's interests 4) Employee's own career 5) Co-workers careers The employees who view these priorities backwards or from bottom up are the ones who get burned the worst. Some employers try to paint the Justice Center as the enemy and that really skews how their workforce follows or does not the law.          
Answered on Jul 15th, 2019 at 10:41 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters