Relates to investigations to ensure the safety and rights of an individual with a disability or a vulnerable person

1 Co-sponsor

• Tony Avella

BILL NUMBER:S7232A

Title of bill

An act to amend the executive law, in relation to ensuring the safety and rights of an individual with a disability or a vulnerable person

Purpose

This bill amends Executive Law to require development and implementation of protocols and procedures which the Justice Center for People with Special Needs shall adopt to protect the health and safety of consumers of services in the event that it is necessary to obtain information from them for purposes of conducting an investigation

Summary of provisions

This bill would require that the Justice Center, in consultation with the appropriate state agency 1) develop protocols and procedures to determine under what circumstances obtaining information from an individual with a disability is clinically contraindicated and to develop safeguards to ensure that the individual's safety and well being are protected in light of clinically relevant information; 2) develop procedures to determine if the individual has the legal capacity to understand the interview process and/or questions being asked of him or her, inform the individual of what to expect during an interview, develop appropriate means of interviewing the individual in light of their capacity to comprehend and develop and implement procedures for the notification and appropriate involvement of parents, legal guardians and others with a relationship to the individual; 3) develop procedures for the appropriate notification and involvement of provider agencies; and, 4) require training of Justice Center personnel in protocols and procedures developed pursuant to this act.

Justification

The law establishing the Justice Center includes necessary law enforcement provisions. However, the stated purpose of that same legislation was to protect individuals "against abuse, neglect and other conduct that would jeopardize their health, safety and welfare." Unfortunately, the law does not include provisions to ensure that the Justice Center carries out its law enforcement responsibilities in a manner that avoids jeopardizing the "health, safety and welfare" of these same individuals after taking into account critical information, including clinical status, which is essential to the well-being of persons whom the Justice Center has been created to protect. This gap in the law has raised questions concerning the adequacy of Justice Center procedures and protocols for dealing directly with vulnerable persons and individuals with disabilities and their loved ones, including parents and legal guardians.

The need to adapt to this challenge is especially clear when it comes to safely and effectively obtaining information from a person with a disability, including an intellectual disability, necessary to pursue an investigation. Such individual may lack the ability to understand questions; lack the ability to understand their rights when being

interrogated; and may be traumatized by interviews or interrogations which are clinically contraindicated. Their well-being often critically depends on their relationship with a parent, family member or legal guardian. All of these factors must be thoroughly understood in advance to ensure the individual's safety and well-being.

Further, the parents and/or legal guardians of such individuals are likely to have a legal, moral or emotional obligation to their loved one. Such obligation can only be fulfilled if they receive prior notice that their loved may need to answer questions or give information necessary for the success of an investigation. Further, involvement of parents or guardians may be critical in order to obtain accurate information critical to an investigation.

Legislative history

New bill.

Fiscal implications

None.

Effective date

This act shall take effect immediately.