newjerseynewsroom.com

BY SALVATORE PIZZURO

COMMENTARY

The responsibility for investigating the abuse and neglect of people with developmental disabilities who are in residential care in New Jersey lies with the Department of Human Service’s “Special Response Unit” (SRU). This past May, the New Jersey State Assembly approved a non-binding resolution to transfer the responsibility for investigating abuse and neglect among developmentally disabled individuals from the Special Response Unit to the Office of the Attorney General. The resolution, ACR-147, passed by a margin of 50 to 23, with 3 abstentions.

The initiative leading to the vote on the Assembly floor was the result of complaints that were echoed by the parents and families of people with developmental disabilities who reside in New Jersey’s developmental centers, foster homes, group homes, nursing homes, and supervised apartments, or are enrolled in day training programs. Assemblywoman Valerie Huttle (Democrat, Bergen) sponsored the resolution after hearing family members testify about abuses before the Human Services Committee, which she chairs.

Unfortunately, the resolution was never entertained in the Senate, and the initiative went nowhere. However, everyone agrees that only a small fraction of the reported cases of abuse are ever investigated. The families of the disabled victims have lost any trust or confidence in the ability of the Department of Human Services to protect their loved ones.

According to a New Jersey State Statute:

“The Department shall ensure that every developmentally disabled person in a community residential facility receives adequate medical and dental care, a nutritionally adequate diet, a full daily program of structured activities, and those other services which are necessary to maximize the developmental potential of the developmentally disabled person in a manner least restrictive of personal liberty. Every developmentally disabled person shall have adequate protection from abuse and a wholesome environment in which to live.”

Unfortunately, one parent told this writer that, when she heard the above language, she did not know whether to laugh or cry.

The most egregious lesson to be learned from this fiasco is that the developmentally disabled population is truly New Jersey’s “forgotten people.” The average New Jerseyan walks the streets knowing that he or she has the right to due process in order to protect his or her civil or human rights. In terms of daily practice, however, those with developmental disabilities have no rights.

Interestingly, convicted criminals who reside in New Jersey’s prisons have stronger rights than the developmentally disabled population. Although several legislative initiatives have been launched in order to provide civil protections for the State’s disabled population, family members point out that the process is moving much too slowly --- too slowly, in fact, to protect the health, welfare, and very lives of their loved ones.

They are truly New Jersey’s “Forgotten People.”

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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