SENATE, No. 2249

STATE OF NEW JERSEY

216th LEGISLATURE

INTRODUCED JUNE 23, 2014

 


 

Sponsored by:

Senator  ROBERT M. GORDON

District 38 (Bergen and Passaic)

Senator  PETER J. BARNES, III

District 18 (Middlesex)

Assemblywoman  VALERIE VAINIERI HUTTLE

District 37 (Bergen)

Assemblyman  DANIEL R. BENSON

District 14 (Mercer and Middlesex)

Assemblyman  WAYNE P. DEANGELO

District 14 (Mercer and Middlesex)

Assemblyman  TIMOTHY J. EUSTACE

District 38 (Bergen and Passaic)

 

Co-Sponsored by:

Senators Weinberg, Codey and Greenstein

 

 

 

 

SYNOPSIS

     Imposes moratorium on Returning Home New Jersey initiative and prohibits transfers from out-of-State placements under certain conditions.

 

CURRENT VERSION OF TEXT

     As introduced.

 


An Act concerning individuals with developmental disabilities and supplementing Title 30 of the Revised Statutes.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    a.  The Department of Human Services shall impose a moratorium on the transfer of an individual with a developmental disability, whom the Division of Developmental Disabilities had placed in an out-of-State facility, to a new residential placement in this State under the Returning Home New Jersey initiative or any similar initiative or program transferring individuals with developmental disabilities from out-of-State placements to new residential placements in this State, until the department prepares a comprehensive written plan as provided for in this section and posts the plan on the website of the department.

     b.    The comprehensive written plan shall include, but not be limited to, a requirement to provide an individual with a developmental disability with:

     (1)   care and services in the new residential placement in this State that are substantially similar to the care and services which the individual received in an out-of-State placement and which shall be safe and appropriate for the individual; and

     (2)   living conditions which are medically and behaviorally appropriate for the individual.

 

     2.    The Division of Developmental Disabilities shall not transfer an individual with a developmental disability to a new residential placement in this State under the Returning Home New Jersey initiative or any similar initiative or program transferring individuals with developmental disabilities from out-of-State placements to new residential placements in this State if:

     a.    the transfer is opposed by the individual or the individual's guardian;

     b.    the individual has resided in an out-of-State placement for 10 or more years; or

     c.    a medical evaluation of the individual indicates that the transfer to a new residential placement in this State would be harmful to the health or safety of the individual.

 

     3.  This act shall take effect immediately.

 

 

STATEMENT

 

     This bill requires the Department of Human Services (DHS) to impose a moratorium on the transfer of an individual with a developmental disability to this State under the Returning Home New Jersey initiative or any similar initiative or program transferring individuals with developmental disabilities from out-of-State placements to new residential placements in this State, until DHS prepares a comprehensive written plan and posts the plan on its website.  The plan is to include a requirement to provide: care and services in the new residential placement that are substantially similar to the care and services received in an out-of-State placement and which are to be safe and appropriate for the individual; and living conditions which are medically and behaviorally appropriate for the individual.

     The bill also provides that the Division of Developmental Disabilities in DHS is not to transfer an individual with a developmental disability under the Returning Home New Jersey initiative if: the transfer is opposed by the individual or the individual's guardian; the individual has resided in an out-of-State placement for 10 or more years; or a medical evaluation of the individual indicates that the transfer to a new residential placement in this State would be harmful to the health or safety of the individual.