Facilities subject to the Justice Center, and any
individuals associated with such facility, or performing work for it, who fall
within the definition of mandated reporter under section
488 of the
Social Services Law, shall report any occurrence constituting a reportable
incident immediately to the Justice Center upon having reasonable cause to
believe that abuse, neglect or mistreatment or misappropriation has
occurred.
(a) Circumstances to be
reviewed that may lead to a reasonable cause conclusion might include, but are
not limited to:
(1) a statement that a
reportable incident has occurred;
(2) the presence of a physical condition
(e.g., a bruise) which is inconsistent with the history or
course or treatment of the resident; or
(3) a visual or aural observation of an act
or condition indicating the occurrence of a reportable incident.
(b) Such facilities must report to
the Justice Center reportable incidents, including injuries of unknown origin,
if and when the reasonable cause threshold has been achieved. This might occur
before the facility investigation into the incident has begun or at any time
during the investigation.
(c) If
the reasonable cause threshold has not been achieved, notification to the
Justice Center is not required.
(d)
When an alleged occurrence of a reportable incident occurs, the facility is
required to initiate an investigation. The Justice Center, and/or the
department, may also investigate the incident.
(e) Such reporting obligations are in
addition to those otherwise provided for under this Part.
