New York Codes, Rules and Regulations
Title 14 - DEPARTMENT OF MENTAL HYGIENE
Chapter XX - JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS
Part 705 - The Justice Center Protocols for Interviewing People Who Receive Services
Section 705.4 - Definitions
Current through Register Vol. 46, No. 39, September 25, 2024
Whenever used in this Part:
(a) "Delegate Investigatory Entity" shall mean a facility or provider agency, or any other entity authorized by the regulations of a state oversight agency or the Justice Center to conduct an investigation of a reportable incident.
(b) "Justice Center" means the Justice Center for the Protection of People with Special Needs.
(c) "Personal Representative" shall mean a person authorized under state, tribal, military or other applicable law to act on behalf of a vulnerable person in making health care decisions or, for programs that serve children under the jurisdiction of the State Education Department or the Office of Children and Family Services, the service recipient's parent, guardian or other person legally responsible for such person as defined in subdivision 10 of section 488 of the Social Services Law. For other programs that serve children, the personal representative of the child would be the parent, guardian or other person authorized under law to make health care decisions.
(d) "Potential Witness" shall mean any service recipient known to be physically present in the place and at the time of the alleged abuse or neglect. It can also include any service recipient who it is believed may have information that could be useful to an investigation.
(e) "Service Provider" shall mean a provider of services as defined in subdivision 4 of section 488 of the Social Services Law.
(f) "Service Recipient" shall mean an individual who resides or is an inpatient in a residential facility or who receives services from a facility or provider agency, as defined in subdivision 9 of section 488 of the Social Services Law.
(g) "Confidential information" shall mean information that is protected from disclosure to a personal representative by any federal or state law or regulation.