N.J. needs a Justice Center for protection of developmentally disabled

BY SALVATORE PIZZURO

COMMENTARY

Since the Governor created the “Taskforce on the Closing of New Jersey’s Developmental Centers”, this writer has been inundated with telephone calls, letters, and email messages from the families of people with disabilities who have been abused in New Jersey’s residential facilities, group homes, and nursing homes.

Within the last few years, several legislators have attempted to provide protections for the developmentally disabled residents of “out of home” facilities. Senator Jennifer Beck and Assemblywoman Valerie Huttle have introduced legislation that would provide such protection. Other legislators, such as Assemblywoman Connie Wagner, have addressed this issue, as well. Nevertheless, the abuse of adults with developmental disabilities appears to have risen to epidemic proportions in New Jersey. Unfortunately, society has ignored the fact that these individuals with special needs have been denied basic civil and human rights.

This dilemma does not belong exclusively to New Jersey. New York has recognized that the problem exists and has proposed that a Justice Center be created that will be responsible for maintaining the civil rights of these individuals. New York Governor Andrew Cuomo has recently sponsored "NY's Protection of People with Special Needs Act", which will create a Justice Commission for people with special needs. As the civil rights of people with disabilities continue to be violated, there is a need for such legislation and for such a Commission in New Jersey. In addition, if such a legislative mission can be mustered in NJ, I can provide abundant existing research on the civil rights violations of people with disabilities.

According to a New York State announcement:

“The Justice Center will have a special prosecutor and an inspector general for the protection of people with special needs who will investigate reports of abuse and neglect and prosecute allegations that rise to the level of criminal offenses. It will also include a 24/7 hotline run by trained professionals, a comprehensive state-wide database that will track all reports of abuse and neglect, and a state-wide register of workers who have committed serious acts of abuse who will be prohibited from ever working with people with disabilities or special needs.”

Historically, individuals with intellectual and other developmental disabilities have been the prey of unscrupulous direct care providers. Senator Beck’s “Tara’s Law” was inspired by the case of a group home resident who suffered abuse and neglect and weighed a mere 30 pounds when she died. Such cases often go unreported, and the victims often lack the communication skills to make the abuse known. Nevertheless, the same civil rights protections that apply to the non-disabled population are supposed to be afforded to the developmentally disabled citizens, as well. However, law enforcement authorities tend to have difficulty gathering testimony from victims who cannot articulate their abuse. The proposed New York Justice Center is designed to assure those protections for people with special needs. According to a New York State announcement:

“Other components and responsibilities of the proposed Justice Center include the following:

An executive director, special prosecutor, and inspector general, and a substantial staff of trained investigators, lawyers, and administrators. The Justice Center's law enforcement branch will have concurrent authority with district attorneys to prosecute abuse and neglect crimes committed against such persons.’

Creation of a state-wide 24/7 hotline staffed by trained professionals to ensure that allegations of abuse are promptly reported to law enforcement and fully and effectively investigated.

Development of a register of workers who have committed serious acts of abuse who will be prohibited from ever being hired again in any position where they would work with people with disabilities or special needs.

Representing the state at all disciplinary proceedings relating to substantiated allegations of abuse and neglect.

Development of common standards for investigations and requirements to be used to train investigators.

Development of a code of conduct containing the basic ethical standards to which all individuals working with people with special needs and disabilities would be required to subscribe and would be held accountable.”

It is time for New Jersey to put this concept into practice. Nowhere in the Constitution does it say that certain people can be denied their right to be protected from “Cruel and Unusual Punishment” because of their disabilities. New Jersey needs such a Justice Commission now.

Dr. Salvatore Pizzuro, a Disability Policy Specialist, holds a doctorate in Developmental Disabilities from Columbia University and an advanced degree in Disability Law from New York Law School.