(April 1, 2016)
The Protection of People with Special Needs Act (The ACT) from 2012 establishes the Justice Center for the protection of People with Special Needs (Justice Center). http://www.opwdd.ny.gov/opwdd_resources/incident_management/justice_center.
It also provides a Code of Conduct for Mandated Reporters.
https://www.justicecenter.ny.gov/sites/default/files/documents/Revised_Code_of_Conduct_0.pdf.
The staff and guardians who bring individuals to our programs are required to observe, assist and supervise while at the class location and are the mandated reporters of incidents under this ACT.
As a Program Services Provider (PSP) for people with Special Needs, RSC Westchester (RSC) personnel are not mandated reporters within the scope of the ACT, but we recognize our responsibility to all persons with Special Needs. All instructors are required to read and acknowledge their understanding of the ACT and appropriate portions of the Code of Conduct as described below.
RSC personnel acknowledge that each person of suitable age must have the opportunity to direct his or her own life, honoring, where appropriate, their right to assume risk in a safe manner, recognizing each person’s potential for lifelong learning and growth.
RSC personnel will promote the physical, emotional and personal well-being of any person who participates in our programs, including their protection from abuse and neglect and reducing their risk of harm. (Our reporting guidelines are set forth below).
RSC personnel will respect the dignity and individuality of any person who receives our services and honor their choices and preferences whenever possible and appropriate, and will direct all requests/questions concerning rights and responsibilities to attending staff or guardian.
RSC personnel will promote justice, fairness, and equality, respecting all human, civil and legal rights, and acknowledges the right to privacy and confidentiality.
RSC personnel will not discriminate against people receiving our services based on race, religion, national origin, sex, age, sexual orientation, economic condition or disability.
Reporting process.
RSC personnel are required to inform on site “lead staff” or “responsible staff member” of any incident where a person(s) participating in our program has acted in an inappropriate manner, within their range of knowledge and understanding.
In a situation where RSC personnel believe accompanying staff may have acted inappropriately they will verbally report incident to both the RSC Program Director and President immediately following the class. Should they believe there is any significant danger to any person(s) during the class they will immediately stop the class until the situation is resolved or end the class, based on their best judgment.
RSC Westchester will provide a written report to agency supervisor or attending guardian of any incident within 24 hours of such incident. For any incident involving a guardian, or where there is no appropriate person to report to, RSC commits to report all such “reportable incidents” immediately upon discovery to the Justice Center’s Vulnerable Person’s Register, by calling 855-373-2122.
For any significant medical issue occurring at the class location, in the general time frame from arrival to departure from a class, RSC will provide a written summary of incident within 24 hours.
