Cuomo wants new watchdog with big teeth


By SHERRY HALBROOK PEF is keeping a close eye on a late-


session blitz from the governor’s office aimed at stopping neglect or abuse of persons with disabilities. Although the state legislative session


is set to end June 21, the governor launched a campaign in May to enact tough new laws and create a new state agency that would replace the Commission on Quality of Care and have a far broader and stronger mandate. The legislation appears to have the


support of leaders in both the Assembly and the Senate. The proposal would create a new


Justice Center for the Protection of People with Special Needs to “transform how the state protects over 1 million New Yorkers” in facilities and programs operated, certified or licensed by any of six state agencies. “This proposal has a good intent, but


its focus is entirely on prosecuting and punishing acts of abuse or neglect. What’s lacking, is any concern for preventing abuse by improving staffing and training, and by reducing excessive overtime,” said PEF President Ken Brynien.


Under the watchful gaze The Justice Center would be a


watchdog over facilities and programs operated, certified or licensed by the state departments of Health and Education, as well as the state offices of Mental Health, People With Developmental Disabilities


(OPWDD), Children and Family Services, and Alcoholism and Substance Abuse Services. The center would absorb all functions


and responsibilities of the Commission on Quality of Care, except for certain federal programs which would be contracted to a private, not-for-profit vendor.


Watching workers The Justice Center would have a


special prosecutor and inspector general to “investigate reports of abuse and neglect and prosecute allegations that rise to the level of criminal offenses.” The proposal would create a 24/7


hotline run by trained professionals, a comprehensive statewide database to track all reports of abuse and neglect, and a statewide register of workers who have committed serious acts of abuse who will be prohibited from ever again working with people with disabilities or special needs. The legislation


would increase criminal penalties for endangering the welfare of people with disabilities and special needs and


HELPINGA GOOD CAUSE— PEFmember Sue Stilson fills out the paperwork to be a part of a cancer study group called CPS-3. The first enrollment campaign took place in May at the Empire State Plaza inAlbany where 228 individuals


signed-up. A spokesperson fromTheAmerican Cancer Society said that number exceeded its goal of 200


participants.Plans are underway to hold more enrollment days throughout the state.


—Photo by PaulMurphy


HEAR! HEAR!—Rochester and Genesee Area Labor Federation President Jim Bertolone congratulatesTomPrivitere, PEF director of field services for western NY,on receiving theWilliam(Bill) Lucy Award fromthe Rochester Coalition of BlackTrade Unionists in May. —Photo by Ove Overmyer


Page 8—The Communicator June 2012 PEF Information Line: 1-800-553-2445


strengthen a prosecutor's ability to prove any of these individuals were the victims of sexual abuse.


Watching for justice “We agree the abuse and neglect of


people with disabilities cannot and should not be tolerated,” PEF said in public response to the proposal. “Additionally, private providers, who serve people with special needs and disabilities, should and must be subject to the same transparency as state facilities and group homes. Information on abuse in facilities operated by private providers is often shrouded in secrecy.” The proposed legislation would make


privately operated facilities and programs subject to state Freedom of Information Law (FOIL) guidelines for responding to information requests regarding abuse or neglect of clients. PEF began reviewing the 157-page bill and associated documents as soon as it was


—Art byMario Bruni


introduced May 7. PEF asks its members at the affected agencies to be alert for any indications from managers as to how state operations would be affected if the legislation passes.


MEMBER HIGHLIGHTS


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