Pursuant to Chapter 394 of the Laws of 2014, formal protocols for interviewing people receiving services during abuse and neglect investigations went into effect on July 1, 2015.
Executive Law 553(28) required the Justice Center to establish these protocols to ensure that all interviews of people receiving services during the course of an investigation of alleged abuse or neglect are conducted in an appropriate manner. These protocols apply to all investigations of alleged abuse and neglect conducted by the Justice Center or any facility or program under the jurisdiction of the Justice Center.
The protocols are available on the Justice Center website at http://www.justicecenter.ny.gov/media/news/justice-center-protocols-interviewing-people-who-receive-services. They require that facilities and programs notify personal representatives of victims and witnesses who may be interviewed during the course of an investigation that an interview may occur. The service provider must also ask the personal representative if he or she has additional information that an investigator should know regarding the most effective ways to communicate with the person receiving services during the interview. These notifications should be made as early as possible in the investigative process. Information on the Justice Center website details the specific timeframes for such notifications.
The individual facility or program must confirm that notifications have been made to personal representatives of all service recipients who will be interviewed, or that attempts were made to notify the personal representatives. If a personal representative requests to be present during an interview with the service recipient, the facility or program should advise the personal representative that their request may not be granted if confidential information that they are not entitled to (e.g. information about other service recipients) will be disclosed during the interview. There are other exceptions to the presence of a personal representative at an interview that are described in the protocols. If personal representatives have questions about the interview process, they may contact the Justice Center’s Individual and Family Support Unit at 1-800-624-4143 or via email at [email protected].
