FOR IMMEDIATE RELEASE:  March 17, 2015

Contact:   Diane Ward, Office of Communications

(518) 549-0200

diane.ward@justicecenter.ny.gov

DELMAR, NY -- NYS Justice Center for the Protection of People with Special Needs Special Prosecutor Patricia E. Gunning today praised a court decision that affirms the Justice Center’s authority to prosecute offenses charging the abuse or neglect of vulnerable persons by their caregivers.

A decision issued by Justice John C. Rowley of Tompkins County Court found the Protection of People with Special Needs Act (set out under Executive Law § 550) authorizes the Justice Center to prosecute such offenses in the local justice courts.

“This ruling affirms the Justice Center’s concurrent authority with local District Attorneys across the state to investigate and prosecute criminal acts against victims with special needs to ensure they receive equal justice,” said Gunning.

The decision stemmed from the Justice Center’s appeal of an order of the Lansing Town Court, which dismissed all charges against a defendant who was charged with Endangering the Welfare of a Child and Harassment in the second degree arising from an in incident in December 2013 at the Finger Lakes Residential Center in Lansing, NY that was reported to the Justice Center’s Vulnerable Persons Central Register.  It is alleged that the defendant in that case struck a 14-year-old victim in the face causing injury.

The defendant argued that the Justice Center’s Special Prosecutor lacked authority to prosecute such offenses in the local justice courts.  The County Court found the defendant’s arguments lacked merit and reversed the lower court ruling. The matter is remanded for further proceedings.

                                                                        ###

About the NYS Justice Center for the Protection of People with Special Needs

Established by Governor Andrew M. Cuomo and the Legislature, the NYS Justice Center for the Protection of People with Special Needs is dedicated to supporting and protecting people with special needs and disabilities.  The Justice Center serves as a law enforcement agency which seeks to ensure that individuals who receive services from a facility or provider that is operated, licensed or certified by six state agencies, are protected from abuse, neglect and mistreatment.  Assessing risks to the health and safety of individuals receiving services, and supporting commensurate action to prevent potential abuse and neglect are critical components of the agency’s independent oversight role.  Through its advocacy-related services, the Justice Center also provides information, technical assistance and training to support and empower individuals with disabilities of all ages, in all settings.