INCIDENT MANAGEMENT
INCIDENT MANAGEMENT
The Justice Center makes several parties aware of the findings of an investigation. The victim or their personal representative will be issued a “letter of determination” (LOD), making them aware of the outcome of the allegations. An LOD is also issued to the director of the facility or program, the State agency that licenses or certifies the facility or program, and the subject of the investigation.
¡ CATEGORY 1: Serious physical abuse, sexual abuse, or other severe conduct. Category 1 substantiations place subjects on the Staff Exclusion List (SEL). Subjects on the SEL are banned from working in any setting under the jurisdiction of the Justice Center and remain on the list forever. ¡ CATEGORY 2: Conduct that seriously endangers the health, safety, or welfare of a person receiving services by committing an act of abuse or neglect. Two Category 2 substantiations within three years will result in placement on the SEL. Category 2 offenses are sealed after five years.
MOST EGREGIOUS OFFENSES
TOTAL ABUSE & NEGLECT CASES CLOSED/SUBSTANTIATED BY OFFENSE TYPE
The below chart indicates the type of offenses found as a result of investigations.
2025
2024
1000 1500 2000 2500 3000 3500 4000 4500 5000
¡ CATEGORY 3: Less serious incidents of abuse or neglect. Reports are sealed after five years.
4289
LESS SERIOUS OFFENSES
3,583
¡ CATEGORY 4: Incidents of abuse or neglect that are mitigated by systemic conditions at a program or facility that increased the likelihood of such abuse or neglect, such as inadequate training, staffing, or supervision. Category 4 also includes instances in which a person receiving services has suffered abuse or neglect, but a perpetrator cannot be identified.
SYSTEMIC ISSUES
695
582
307
218
117
230
0 500
54
24
136
93
49
30
TOTAL ABUSE & NEGLECT CASES CLOSED/SUBSTANTIATED BY CATEGORY
Deliberate Inappropriate Restraint Deliberate Inappropriate Restraint
Neglect Neglect
Obstruction Obstruction
Other Reportable Other Reportable
Physical Abuse Physical Abuse
Psychological Abuse Psychological Abuse
Sexual Abuse Sexual Abuse
4% 2% Category 1 Category 4
The below chart indicates the severity of the substantiated offenses.
2025
2024
Appeals An appeals process (called a “request for amendment”) is available to subjects of substantiated reports to ensure due process. Subjects have 30 days to challenge Justice Center findings. Upon receipt of an appeal request, the Justice Center reviews the investigative file, the substantiated report, the request for amendment and any additional information provided by the subject. A determination is then made as to whether there is a preponderance of evidence to support the substantiation as well as proper category assignment. If the substantiated finding is upheld, subjects can proceed to a hearing before an Administrative Law Judge. The judge considers all the evidence presented by both the Justice Center and the subject or their legal representative and makes a recommended decision that is reviewed by the Justice Center’s Executive Director. One of three outcomes is then possible:
113
Category 1 Category 2 Category 3 Category 4
94
22% Category 2
984
818
773 appeal requests received in 2025
3,277
2,736
72% Category 3
196
217
TOTAL CLOSED ABUSE AND NEGLECT CASES
4,570
3,865
2025 Annual Report 33
NYS JUSTICE CENTER 2025 Annual Report 32
NYS JUSTICE CENTER
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