In New York, reporting abuse and neglect that happens to disabled people who live in group homes might not be easy. So I’ve broken it down for you.

“I’ve experienced [reports of abuse and neglect] going unfounded, and the abuse continues.”

“I’m very disheartened by the Justice Center. They have not helped me once.”

“All the parents think the Justice Center is an absolute joke.”

“We’re not all the same. We tend to get lumped together.”

These are just a few of the experiences both disabled group home residents and family members have told me about what it’s like to report abuse and neglect to the Justice Center, New York’s agency that investigates abuse, neglect, death, and more inside group homes for people with disabilities. I’ve been listening to this community for the last 18 months of my time at The Craig Newmark Graduate School of Journalism at CUNY. And while there are so many issues and stories worth covering, residents and family members’ remarks about the Justice Center stood out as something I could attempt to remediate through service journalism. So — 18 months later — here it is. I’m here to help make the process of reporting abuse and neglect more transparent for you and your loved ones in group homes.

I couldn’t visit group homes for most of my program because of COVID-19. But they are located all over the five boroughs and in every region of New York.

What is the New York State Justice Center for the Protection of People with Special Needs?
The agency was founded in 2013 with the passage of the Protection of People with Special Needs Act. The PPSA’s legislation dictates the rules of the Justice Center’s processes. The Center functions as a centralized location for reporting abuse and neglect, through the Vulnerable Persons Central Register Hotline, and as an advocacy organization. Cases of abuse and neglect that are determined to fall under the Center’s jurisdiction are subsequently investigated and either “substantiated,” meaning enough evidence was found to support the claim made, or “unsubstantiated.” If a case is unsubstantiated, your loved one’s home could still discipline involved employees.

How does the Justice Center make its information accessible?
According to director of public information Christine Buttigieg, the Justice Center “undertakes extensive outreach efforts,” including hosting seminars for individuals and families, soliciting feedback from an Advisory Council (50 percent of Council members are individuals who have received services or their personal representatives), and operating an Individual and Family Support Unit. The Center’s website was also overhauled in 2019 to make agency processes more accessible, Buttigieg says.

What are residents and family members’ chief concerns about the Justice Center?
I’ve spoken to a lot of people over the last year and a half. Every individual has a different experience both with disability and the Justice Center, and to be sure, some sources have reported positive experiences in their group homes and with the Center. To be sure, the Justice Center does make efforts to make sure its information is accessible to the people it serves.

While the Center’s efforts doubtlessly help some people, my conversations with disabled group home residents and their families primarily tell a different story. Sources have told me they are concerned about

• No/little communication during the investigation process
• Cases with photographic evidence/cases that family members feel are irrefutable being returned as “unsubstantiated”—sometimes several cases per individual
• Inaccessible information because of a difficult-to-navigate website and language that might present a barrier to understanding
• Little awareness of the Justice Center itself

This is where I come in!
Before I tell you what I’ve done, you should know I’m not a social worker, professional advocate, or connected to the Justice Center in any way. I am just a journalist hoping to help solve information gaps.

I’ve created an accessible self-advocacy guide for group home residents that helps people

• Identify abuse and neglect
• Know who to call
• Understand how the Justice Center’s investigation process works

“How to Stand Up for Yourself in Your Home” was developed with input from self-advocates and families, has been translated into plain language, and has undergone pre-publication review. It can be delivered to your loved one in their home however they best receive information — in the mail, over email, in a Google doc. In the future I hope to make Braille, audio, and visual versions. If your loved one would like a copy, you can contact me anytime — more on that later.

I have also broken down the Justice Center’s investigation process into more transparent steps for residents’ families and the public. Here is how the reporting process unfolds, according to the Center’s website:

1. If you suspect abuse or neglect has happened to your loved one in their group home, call the Vulnerable Persons Central Register at 855–373–2122.
2. The trained representative on the other end of the phone will record your call and get as much information from you as possible, including, potentially, your loved one’s name and address. Your report will be assigned an incident number. These calls are confidential.
3. The representative will classify the incident as abuse, neglect, a significant incident, or a death.
4. Abuse can be physical, sexual, or psychological.
5. Neglect can mean employees who supervise your loved ones have failed to provide adequate supervision, food, clothing, and more.
6. A significant incident is something that could cause harm to your loved one’s safety.
7. If your loved one has passed away in your home and you suspect it is due to abuse or neglect, you must report the incident to the VCPR. Deaths not due to abuse or neglect are reported separately.
8. The Justice Center investigates some cases. Others, including cases in homes operated by private agencies, might be investigated by the State Oversight Agency or agency itself. Local police are involved if the investigation is a criminal one.
9. Investigation subjects are notified of the investigation by the Justice Center or SOA within 24 hours of when they are identified as subjects.
10. Investigation victims (potentially, your loved one) will be notified within 24 hours of when they are identified as victims.
11. This is a moot point if you made the VCPR call yourself, but parents/guardians/personal representatives of the victim will also be notified after your loved one’s provider learns a report was made to the VCPR.

Here is how an investigation unfolds, according to the Justice Center (and here are specific individual and family guidelines):

1. Both victims and witnesses are interviewed. They will either be interviewed by an investigator from the Justice Center or from the SOA/provider agency. Should your loved one want a personal representative there with them, that can be arranged. The interview should be conducted with respect to your loved one and the way they communicate: interpretation, sign language, writing tools, and more can be provided. Your loved one has a right to tell their story, how they tell stories.
2. Subjects are interviewed, too.
3. The Justice Center communicates with investigators from the State Oversight Agency or your loved one’s provider agency throughout that investigation process. The Justice Center issues the final determination for all cases after reviewing all of the material in the case.
4. The Justice Center determines that your loved one’s case is either “substantiated” or “unsubstantiated,” and you will receive notification. A substantiated case means investigators found enough evidence to support the claims made within the case. An unsubstantiated case, however, means not enough evidence was found. Even if a case comes back unsubstantiated, your loved one’s provider agency can still take disciplinary action against employees involved in the case.
5. If your loved one’s case is substantiated, the subject of the investigation can appeal the case. The victim — your loved one — cannot.

Page 29 of the Protection for People with Special Needs Act states that investigations must be resolved within 60 days — but there are exceptions.
The Justice Center must have a documented reason why the investigation is taking longer.

The Justice Center is not required to communicate with you or your loved one any set number of times.
According to the Center, communication frequency is different for each case. Sources have told me they are frustrated by a lack of communication throughout the process — that they only receive a determination letter at the end of the investigation.

You and your loved one are entitled to the findings of the investigation.
The rules around who is entitled are strict, and don’t include people who were witnesses to the allegations in the case.

Need help throughout the investigation process? Here are the Justice Center’s resources.

• You or your loved one can call 800–624–4143 or email supportcoordinator@justicecenter.ny.gov to contact advocates.
• The Technology-Related Assistance for Individuals with Disabilities (TRAID) Program can connect your loved one with assistive technology to help them communicate.
• Investigations guidance for individuals and families is provided in several different languages.
• Read about Jonathan’s Law and your rights to incident records here.

If these resources aren’t what you’re looking for, here is a non-exhaustive list of resources that can also help.

• The Self-Advocacy Association of New York provides your loved one with self-advocacy tools, resources, and more.
• Disability Rights New York’s PADD council can provide self-advocacy resources, investigations and monitoring, direct legal counsel, technical assistance and more to your loved one; DRNY emphasizes helping individuals who are at risk of abuse and neglect.
• New York Legal Assistance Group’s disability advocacy project can help you and your loved one know your rights and connect to resources.
• The Empire Justice Center provides legal and advocacy resources to disabled people and their families all over the state.

Questions? Comments? Tips? Email me!
This work doesn’t end just because I’m graduating from Newmark. If you have a resource to add to my list, a tip I need to investigate, or suggestions on how my work can improve, email me at jacqueline.neber15@journalism.cuny.edu. If you would like “How to Stand Up for Yourself in Your Home” sent to your loved one, please let me know. I am here to make all parts of this process more accessible for your loved ones and you.