A Critical Examination of State Agency Investigations into ...

certain OMRDD-certified facilities, including the Anderson School. The State CentralRegister refers approximately 300 cases annually to CQC for investigation. CQC staffmembers are on call 24-hours a day, 7-days a week to receive notifications from the StateCentral Register about an allegation. Investigations are commenced within 24 hours ofthe reporting of the allegation and initially seek to determine that the child is safe andrequire action to protect the child’s safety, if necessary. Within 60 days, CQC is requiredto make a recommendation to the Office of Children and Family Services to either“indicate” (substantiate) or “unfound” (unsubstantiate) a case. Upon completion of theinvestigation, CQC transmits its recommendation to the Office of Children and FamilyServices, which makes its own determination whether the report is substantiated orunfounded. CQC recommends indicating in approximately five percent of the childabuse cases it investigates. Thus, CQC determined that in approximately 95 percent ofthe cases it investigated, there was insufficient credible evidence that the suspectedindividual abused or neglected the child as defined in Social Service Law.CQC may open additional investigations when, in the course of the initialinvestigation, other deficiencies or problems with care are discovered. CQC’s broadmandate enables it to conduct investigations of systemic problems and to makerecommendations for improving services for individuals with developmental disabilities,in addition to investigating specific complaints. CQC can require a facility to establish acorrective action plan, including retraining of employees, in response to the findings of achild abuse investigation. CQC neither has the authority to discipline an employee nor55Mental Hygiene Law § 45.07.36