Facing a growing call for serious consequences when people with developmental disabilities are harmed in group homes, a state lawmaker has introduced legislation that would give the state new power to impose fines and even take control over the worst operators in New Jersey, NJ Advance Media has learned.
State Sen. Joseph Vitale, D-Middlesex, chairman of the Senate’s health committee and sponsor of the seven-bill package, said it would “safeguard the rights of individuals and ensure they can thrive and fully participate in communities across New Jersey.”
Work began on the legislation after NJ Advance Media published “Alone, Autistic and Afraid on Feb. 1, a report about Leah, a non-verbal young woman with a rare genetic disorder and autism spectrum disorder who endured extreme medical neglect and maltreatment while under the care of a group home, according to doctors who treated her. Leah needed to have all of her teeth removed because of extensive dental neglect, and she nearly died from complications from oral surgery, according to medical records.
State officials investigated but did not substantiate her mother’s complaint of medical neglect the group home, the Special Children’s Center in Lakewood. The center has declined to respond to NJ Advance Media’s requests for comment.
Medical records and witnesses say Leah was severely neglected at her group home. The state disagreed.
In that story, Paul Aronsohn, the New Jersey Ombudsman for Individuals with Intellectual and Developmental Disabilities, called on lawmakers to pass a law that would give the agencies that regulate group homes the authority to impose fines on the most egregious or repeat offenders. He urged them to give the departments of Human Services and Children and Families the same authority that the Health Department has to impose fines on habitually bad nursing homes and other health care facilities.
The proposed legislation would do just that. Group home operators with more than one offense would face fines starting at $10,000 for not performing criminal background checks and failing to conduct an “adequate” internal investigation, according to a synopsis of the legislation introduced Monday in the Legislature. If an incident of abuse and neglect is egregious, the provider may face a penalty on the first offense.
For the worst offenders who have failed to correct serious violations of safety, the state would also have new authority to appoint a receiver, an independent party to take over operations and financial control.
These would be new powers for the Department of Human Services, the state agency that licenses group homes and other housing for people with developmental disabilities. The department’s Division of Developmental Disabilities would also have the power to halt payments to any provider who does not comply with state rules.
State Human Services Commissioner Sarah Adelman, whose office collaborated with Vitale on drafting the package of bills, called the proposal “transformative” and “a significant stride in our ongoing commitment to ensure that individuals with intellectual and developmental disabilities are not only safeguarded but also empowered to thrive within our communities.”
“By enhancing protections and boosting accountability for providers, we underscore our dedication to enabling every person to achieve their full potential and live with the dignity and respect they deserve,” Adelman said.
The bills also would require:
- The departments of Human Services and Children and Families to each hire a medical director to help conduct investigations of abuse and neglect;
- The creation of a Disability Mortality and Abuse Prevention Advisory Committee to review cases of abuse, neglect, exploitation and deaths biennially and recommend ways to prevent future harm;
- A limit on executive salaries and administrative expenses so more is spent on the direct-care workforce;
- New transparency standards for state-licensed providers, which includes anti-nepotism, discrimination and conflicts of interest policies;
- Giving the Department of Children and Families sole power to investigate abuse and neglect of people under 21. The responsibility is now split between the adult and child agencies that serve people with disabilities.
- An annual workforce survey to help bolster a field that suffers from high turnover.
Aronsohn, the Ombudsman, said the proposals “represent a big, important step forward...More accountability and more transparency will inevitably lead to less abuse and less neglect.”
“Following a couple of powerful, heartbreaking Star Ledger stories earlier this year, Senator Vitale met with me and the family at the center of those stories,” Aronsohn said. “He clearly listened to that family and left that conversation committed to meaningful action - committed to putting an end to abuse and neglect in New Jersey group homes.”
Earlier this month — after seeing none of the promised changes — parents and disability advocates released their own blueprint for change, building on Aronsohn’s recommendations.
Donna Icovino of Bucks County, Pennsylvania, and Cyndy Hayes of Burlington County, parents with disabled sons who now live in safe group homes after difficult experiences, said the state should do far more than impose fines. They also urged the state to give the state Attorney General the power to investigate abuse and neglect, and called for the Ombudsman to be given expanded authority.
Icovino praised the proposals. “With this newly introduced legislation, New Jersey appears to be leading the country in protecting the health and safety of children and adults with intellectual and developmental disabilities residing in state-licensed residences,” she said. “Senator Vitale’s bill will require the active support of all stakeholders to insure that it is developed in a comprehensive and timely manner.”
Vitale said he and Murphy administration officials have been working on the proposed reforms for months, after meeting with parents, advocates, people who work in the group home industry and state Human Services officials.
“This sweeping legislative effort underscores our strong resolve to bolster safeguards and accountability,” Vitale said. “Through these thorough measures, we are taking innovative steps to modernize our supports for individuals with intellectual and developmental disabilities.”
From NJ.com
