newjerseynewsroom.com

BY SALVATORE PIZZURO

COMMENTARY

Within the past few weeks, I have provided testimony regarding the abuse, neglect and exploitation of New Jerseyans with developmental disabilities before members of the Senate Committee on Health, Human Services and Senior Citizens and the Assembly Committee on Human Services. Joining me at each hearing were the parents and family members of these vulnerable individuals. Two of the parents had sons or daughters who died of such abuse. In two other cases, their sons or daughters were nearly beaten to death at the hands of residential staff.

Senate bill 599 and Assembly bill 2573, or “Tara’s Law,” has been the subject of much discussion over the past six months, and more recently has been the subject of analysis by the State Legislature, the Office of Legislative Services (OLS) and Committee staff. Furthermore, Tara’s Law was designed to protect people with developmental disabilities from abuse, neglect, and exploitation. However, the current language of Tara Law limits its protections to residents of Community Care Residents (foster care), and excludes developmental centers, group homes, nursing homes, supervised apartments, and other residential settings for these individuals with special needs.

As the current language of Tara’s Law points out:

“The bill requires physicians and hospitals to take into protective custody an individual with a developmental disability who otherwise would be returned to the licensee suspected of causing injury to the individual, and report such action to DHS. The bill also amends existing law to provide for safeguarding and reporting information which may be necessary for any civil or criminal proceedings which may follow an allegation of abuse, neglect, or exploitation by a caregiver (which includes a licensee) of an individual with a developmental disability.”

The protections that are prescribed in the bill serve as an important first step in protecting these vulnerable individuals from abuse, neglect and exploitation. However, the individuals who reside in community care residences represent only a small fraction of the total number of people with developmental disabilities who are in some form of residential care. The reported cases of abuse, neglect and exploitation include men and women who have died of such abuse. Tara’s Law, as we know, was inspired by a tragic case in New Jersey. As is stated in the language of Tara’s Law:

“Tara O’Leary, a 28-year-old woman with developmental disabilities who had been residing in a licensed community care residence, lost a dangerous amount of weight, was relocated to a developmental center, and was subsequently admitted to a hospital weighing 48 pounds and suffering from dehydration, malnutrition, and bedsores. When her overall condition did not improve despite the use of a feeding tube to increase her weight by more than 20 pounds, she was disconnected from life support and died.”