INCIDENT MANAGEMENT
INCIDENT MANAGEMENT
THREE-BUSINESS DAY REVIEW OF INCIDENTS The Justice Center has a review process for allegations where appropriate classification of an incident may initially be difficult to accurately determine. The three-business day assessment allows the agency to conduct a preliminary review of allegations lacking specificity by obtaining additional information from the facility or provider agency. This involves the collection of a minimum amount of documentation to accurately classify and assign a case. This additional short step allows classification to be better informed and therefore a more accurate incident classification and a better use of investigative resources. The three-business day review is available to all OPWDD, OMH, OCFS, OASAS, and SED providers.
Criminal Cases The Justice Center’s Special Prosecutor works with local law enforcement and county district attorneys to bring criminal charges in cases that allege that a crime has occurred against a person receiving services by an employee of a facility or provider agency. The Justice Center notifies district attorneys of all allegations of abuse and neglect. Cases involving potential criminal charges can be investigated by the Justice Center, the local police, or both. In 2025, 107 arrests were made in connection to Justice Center cases (this is a 28 percent increase from 2024). While a criminal case is being investigated and prosecuted, the same case is also investigated through the Justice Center administrative investigation process. Determination Administrative cases conclude by either being substantiated or unsubstantiated. The Justice Center makes the final determination regardless of which agency completed the investigation. The standard of proof for a Justice Center administrative case is a preponderance of the evidence. This means a review of the evidence shows the allegation of abuse or neglect was more likely than not to have occurred.
28% more arrests made in connection with the Justice Center in 2025
2025
2024
THREE BUSINESS DAY REVIEW (3BDR) VOLUME
90,865
87,894
TOTAL REPORTS TO THE JC
1,600 more cases closed than in 2024 due to improvements in case processing
6,218
Reports Reviewed by 3BDR
5,760
10,783
2025 4,570
2024
10,706
TOTAL CASES OPENED/CREATED
INVESTIGATION OUTCOME FOR ABUSE AND NEGLECT CASES
2,722
Cases Opened/Created from 3BDR Reviewed Reports
2,189
Substantiated Unsubstantiated
3,866
6,930 11,500
5,952
ADMINISTRATIVE VS. CRIMINAL CASES Once a case is classified as abuse or neglect, that case is next characterized as either criminal or administrative. Administrative Cases The first step in the administrative investigation of allegations of abuse and/or neglect is appropriate classification and assignment for investigation. The Justice Center investigates allegations in state-operated programs as well as the most serious allegations in non-state operated settings. The Justice Center delegates less serious allegations of abuse and neglect in non-state operated settings to the State Agency for investigation, which in turn may delegate to the provider. The Justice Center reviews all investigations regardless of which delegate investigative agency conducts them and makes all final determinations regarding whether a case will be substantiated or unsubstantiated. The Justice Center also refers significant incidents to the appropriate State Agency for investigation. The investigation process proceeds with examination of the evidence and interviews of witnesses, victims and subjects. Witnesses and subjects of Justice Center investigations can have legal counsel or a union representative present when being interviewed, unless an applicable union contract, or Collective Bargaining Agreement, provides differently. People receiving services who are the victim of or witness to abuse and neglect may have a personal representative or an advocate from the Justice Center’s Individual and Family Services Unit accompany them during an interview.
9,818
TOTAL CLOSED ABUSE AND NEGLECT CASES
¡ UNSUBSTANTIATED: the case is sealed (not made public and cannot be accessed by future employers) and a letter of determination is sent to the subject, victim and provider agency letting them know the finding.
40% Substantiated
60%
¡ SUBSTANTIATED: the case is classified into one of four categories depending on the severity.
Unsubstantiated
2025 Annual Report 31
NYS JUSTICE CENTER 2025 Annual Report 30
NYS JUSTICE CENTER
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