newjerseynewsroom.com

BY SALVATORE PIZZURO

COMMENTARY

A legislative initiative that would protect individuals with developmental disabilities from abuse and neglect has been fighting for survival in Trenton over the past year. The original initiative, Tara's Law, was launched by Senator Jennifer Beck, creating protections for disabled individuals who reside in foster care. However, Beck’s bill left the residents of group homes, nursing homes, supervised apartments and day training centers unprotected.

A new initiative was launched by Assemblyman Gary Schaer, who worked throughout the summer. Schaer’s bill provides protections for individuals in the aforementioned facilities. In addition, the bill would increase the number of State inspections of residential facilities. In fact, Schaer also worked throughout the summer on an initiative to provide insurance protections for children with autism.

A draft of the follow-up bill to Tara’s Law this was submitted it to the Office of Legislative Services in early July. Among other things, Schaer’s version would “change the percentage of unannounced visits conducted annually by the Office of Licensing from 10 percent to 25 percent.”

Other legislative initiatives include the resolutions ACR147 and SCR118. According to the language of the bill: “This concurrent resolution urges the Governor to transfer the Special Response Unit (SRU) from the Department of Human Services (DHS) to the Office of the Attorney General in the Department of Law and Public Safety in order for the State to provide more diligent oversight of the community programs, facilities, community care residences, and living arrangements licensed, contracted, or regulated by DHS; ensure the appearance of impartiality in the investigations conducted by the SRU; further improve the collaborative relationship between SRU and law enforcement agencies; and guarantee that persons with developmental disabilities receiving services from DHS are protected from abuse, neglect, or exploitation and are provided services that maximize their developmental potential."

ACR147 passed overwhelmingly by Assemblywoman Valerie Huttle’s Human Service Committee early in the summer. However, Senator Joe Vitale, who chairs the Senate Committee on Health, Human Services and Senior Citizens, Joe Vitale never entertained the Resolution, ACR118, before his Committee.

Gary Schaer is the official primary sponsor of the bill in the Assembly, with Valerie Huttle serving as co-primary sponsor. Several other members of the Assembly, including Shovanda Sumter and Marlene Caride, have volunteered to sign on as co-sponsors, as well.

Jennifer Beck will sponsor the Senate version with Barbara Buono serving as a co-sponsor.

Parents and family members of people with developmental disabilities have lobbied hard for this bill since, as they indicate, people with developmental disabilities continue to die or suffer life-long injuries as a result of abuse and neglect.

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.

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