Sponsored by:
Senator JOSEPH F. VITALE
District 19 (Middlesex)
SYNOPSIS
Establishes Disability Mortality and Abuse Prevention Advisory Committee in DHS; makes appropriation.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning individuals with intellectual and developmental disabilities, supplementing Title 30 of the Revised Statutes, and making an appropriation.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. There is established in the Department of Human Services the Disability Mortality and Abuse Prevention Advisory Committee. The purpose of the advisory committee shall be to:
(1) critically review select cases of adults over the age of 18 with intellectual and developmental disabilities, who were survivors of abuse, neglect, or exploitation, and adults with intellectual and developmental disabilities who have passed away;
(2) evaluate government systems responses to cases of abuse, neglect, or exploitation involving individuals with intellectual and developmental disabilities who resided in a variety of settings including private homes, congregate settings, and State-funded placement;
(3) identify areas for improvement in preventing abuse, neglect, and exploitation against adults with intellectual and developmental disabilities;
(4) explore methods to enhance accountability concerning cases of abuse, neglect, or exploitation among State-funded disability services providers; and
(5) suggest measures to fortify the reporting and investigatory process concerning cases of abuse, neglect, or exploitation involving adults with intellectual and developmental disabilities and to improve the experience for disability services clients and their families.
b. The advisory committee shall be composed of 12 members to be appointed by the Commissioner of Human Services, as follows:
(1) a licensed physician with experience providing services to individuals with intellectual and developmental disabilities;
(2) a representative from the Bureau of Guardianship Services in the Department of Human Services;
(3) a representative from Adult Protective Services in the Division of Aging Services in the Department of Human Services;
(4) an individual with an intellectual or developmental disability;
(5) two family members of an individual with an intellectual or developmental disability;
(6) a representative from the Division of Developmental Disabilities in the Department of Human Services;
(7) a representative from the Department of Children and Families;
(8) a professional with experience in child abuse investigations in New Jersey;
(9) a representative from the Office of Program Integrity and Accountability in the Department of Human Services;
(10) a representative from a Department of Children and Families-contracted or funded residential provider agency serving individuals with intellectual and developmental disabilities who are 18 years of age or older; and
(11) a representative from a Division of Developmental Disabilities-licensed residential provider agency serving individuals with intellectual and developmental disabilities who are 21 years of age or older.
c. The Commissioner of Human Services shall designate a chairperson from among the members of the advisory committee.
d. The advisory committee shall have the duty and responsibility to:
(1) develop and implement protocols and procedures that allow the advisory committee to operate in accordance with applicable State and federal laws, including developing and implementing processes for identifying cases of abuse, neglect, exploitation, and death involving individuals with intellectual and developmental disabilities for review, and establishing meeting structure;
(2) within two years of the effective date of this act, identify, and conduct a review of, select cases of deceased adults with intellectual and developmental disabilities and adults with intellectual and developmental disabilities who are survivors of abuse, neglect, or exploitation. The review shall include, but not be limited to:
(a) consideration of each individuals points of contact with health care systems, social services, State-funded services to support individuals with intellectual and developmental disabilities, educational institutions, child and family services, the criminal justice system, and any other systems with which the individual had contact prior to death or any incident of abuse, neglect, or exploitation;
(b) identification of the specific factors and social determinants of health that put the individual at risk; and
(c) identification of policies and practices at the provider or State level that may have contributed to the death, abuse, neglect, or exploitation;
(3) collect, analyze, and interpret data and information obtained from the selected cases reviewed pursuant to paragraph (2) of this subsection, which data and information shall be maintained by the advisory committee in accordance with all appropriate and industry-standard controls necessary to protect the privacy and security of the data and information;
(4) assess the effectiveness of government systems in responding to, and identifying, instances of abuse, neglect, and exploitation of adults with intellectual and developmental disabilities while receiving services from State-funded or State-licensed agencies, and identify practices that help maintain the health and safety of individuals with disabilities. Such assessments shall:
(a) include an analysis of the three standards for investigative conclusions for civil investigations: substantiated; unsubstantiated; or no findings;
(b) consider whether those conclusions effectively describe and summarize the findings of the selected cases; and
(c) consider whether new standards for carrying out and concluding investigations should be implemented based on best practices in the social services and health care fields;
(5) assess the effectiveness of government systems in responding to and assessing instances of alleged abuse, neglect, or exploitation of adults with intellectual and developmental disabilities. Such assessments shall:
(a) identify strengths and weaknesses