New Jersey
Watchdog urges N.J. to expand care for residents with developmental or intellectual disabilities – New Jersey Monitor
Alex Guedes has complicated neurodevelopmental disabilities and medical issues that require 24-hour expert nursing care.
The 21-year-old Atlantic County man has autism, Down syndrome, and Ehlers-Danlos syndrome, a genetic situation that makes him inclined to infections and accidents that may require surgical procedure to repair. He’s on a feeding tube and continuously gulps air, a disability-related habits that may trigger a doubtlessly deadly obstruction in his bowels.
After greater than 20 years of taking good care of him, his mom Susan Coll-Guedes is aware of his wants as intimately as she is aware of herself.
However just lately, state officers made her get drug examined and fingerprinted to her show her security as a caretaker. Alex lives at dwelling, however a regulation meant to guard group dwelling residents requires direct-care employees to be drug examined and fingerprinted.
“I’m his freaking mother!” she mentioned. “You’ll be able to’t even argue with them, as a result of they’re like, ‘We’re simply doing this for his safety, as a result of unhealthy issues occur to individuals.’ And I get that, I get it. But it surely’s so tousled.”
Coll-Guedes’ expertise is only one instance of the “obvious disconnect” between individuals with complicated well being wants and the officers who set insurance policies that have an effect on their lives, in keeping with a brand new annual report from New Jersey’s incapacity ombudsman.
Within the report, Ombudsman Paul Aronsohn highlights a number of shortcomings that shut individuals out of providers supposed to guard them: the inflexibility of insurance policies, the complexity of the system, and a “maddening lack of urgency” by these working within the system.
These hurdles particularly harm younger individuals after they age out of the kids’s system of school-based entitlements, Aronsohn mentioned.
“Some of us fall via the gaps. The system will be very complicated and overwhelming for households and people, so what I’m actually making an attempt to do is be sure that their voice is heard,” Aronsohn instructed the New Jersey Monitor. “We’ve a full-fledged disaster on our arms.”
‘Setting the system up for failure’
About 24,500 adults get non-residential providers via the New Jersey Division of Human Companies’ Division of Developmental Disabilities, and one other 1,100 reside in 5 state-run developmental facilities, state information exhibits.
However Aronsohn suspects numerous extra are struggling exterior of the system with out important helps, after they “fall off the grid” after they age out of the youth system at 21 and their households face navigating the dense, disconnected patchwork of grownup providers.
As a result of there’s no central entry level into the grownup system of care, people should repeatedly reaffirm their lifelong disabilities to varied well being care suppliers, insurers, public help applications, and different entities — and danger dropping providers if any entity alongside the best way denies their said want, Aronsohn mentioned.
Dropping in-home helps can drive households to institutionalize a beloved one in out-of-home residential placements like a hospital, nursing dwelling, or group dwelling, he mentioned.
But there’s an “alarming scarcity” of residential choices for kids and adults with critical developmental disabilities who additionally want medical assist, he mentioned. The Christie administration started closing state-run developmental facilities a few decade in the past in favor of privately run group houses, a controversial shift in care that was supposed to save cash however sparked protest. The state has not been permitting new admissions to its remaining developmental facilities, with a couple of exceptions, Aronsohn mentioned.
“Regardless of all of the discuss ‘home- and community-based’ providers and helps, many individuals with complicated medical wants and their households shouldn’t have entry to the instruments to make dwelling in the neighborhood a protected, sustainable actuality,” Aronsohn wrote in his report.
Whereas state officers have talked concerning the deserves of de-institutionalization, their actions as an alternative have “fostered a re-institutionalization by successfully forcing many individuals with complicated medical wants — kids in addition to adults — into hospitals and nursing houses,” Aronsohn added.
We’ve a full-fledged disaster on our arms.
– Paul Aronsohn, state ombudsman for individuals with mental or developmental disabilities
Households just like the Guedeses who need to preserve their family members at dwelling have bother discovering nurses and aides to work, as a result of low salaries and rising rules have contributed to a labor scarcity, Coll-Guedes and Aronsohn agreed.
The wage for direct-support professionals who look after individuals with mental or developmental disabilities sometimes ranges from $13 to $16 an hour, whereas the Medicaid wage charge for private-duty nurses in New Jersey — about $28 an hour — hasn’t elevated in additional than a decade, in keeping with Aronsohn’s report.
“There’s a harmful disconnect right here,” Aronsohn wrote. “We anticipate professionals to offer first-rate care and assist to individuals with vital medical, bodily, and/or behavioral wants, but we regularly pay them at substandard charges and sometimes give them minimal coaching. In so doing, we’re successfully setting the system up for failure.”
That disconnect is extra disturbing contemplating how a lot cash the state pays to suppliers per particular person — as much as $1,275 a day for dwelling well being companies and $1,000 a day for residential suppliers, in keeping with the report.
Such tendencies particularly are regarding in a state with one of many highest charges of autism within the nation, Aronsohn added. One in each 35 kids has autism, and about 122,000 New Jerseyans reside with autism, together with about 20,000 kids and adults with extreme autism, in keeping with Autism New Jersey.
“Extreme autism isn’t new, neither is it going away,” Aronsohn wrote in his report. “If something, the problem appears to be getting bigger, extra complicated, and extra dire. But regardless of all we learn about extreme autism — the excessive prevalence and the devastating penalties — we’ve got but to ‘sound the alarms’ and put in place the infrastructure wanted to mitigate this human disaster.”
Aronsohn highlighted a number of different issues in his report:
- Individuals with mental or developmental disabilities are likely to have few alternatives for significant employment, with solely low-paying, low-skilled jobs out there to them.
- New Jersey doesn’t have sufficient day applications to offer them significant actions and enrichment.
- Too few medical docs and dentists settle for Medicaid and are skilled to deal with individuals with mental or developmental disabilities.
Seen as an issue
Aronsohn’s report isn’t all unhealthy information.
It applauds the state for taking steps to forestall abuse and neglect in residential and day applications by implementing the Stephen Komninos’ Regulation.
That 2017 regulation was named after a developmentally disabled man who died in 2007 after choking on a bagel whereas dwelling in a Cherry Hill group dwelling. It requires unannounced web site visits to examine for abuse, neglect, or exploitation, drug testing of direct-care employees, and well timed notification to folks or guardians when incidents happen.
For the reason that regulation took impact in Could 2018, authorities have added 177 abusive caregivers to a state registry of offenders banned from working with individuals with mental and developmental disabilities, Division of Human Companies spokesman Tom Hester mentioned.
Beneath the regulation, officers even have made greater than 12,000 unannounced web site inspections, with nearly 46,000 face-to-face visits with residents leading to 829 studies for follow-up and/or investigation, Hester added.
Coll-Guedes is well-aware of the Komninos regulation — it’s why she received fingerprinted and drug-tested, although she’s Alex’s mom and he lives at dwelling.
We’re so reliant on the state, however the state simply sees us as issues.
– Susan Coll-Guedes, mom of a person with developmental and mental disabilities
She helps the spirit of the regulation, though she needs lawmakers to understand it has unintended penalties that harm her household. In addition to requiring her to show her suitability as a caretaker, the regulation additionally requires that nurses get further coaching and drug testing to work with adults who’re intellectually or developmentally disabled.
Due to a nursing scarcity, Coll-Guedes has struggled to seek out nurses keen to decide to her son’s round the clock nursing wants. She’s an artwork teacher and professor who has labored at Temple College, the Moore Faculty of Artwork and Design, and elementary colleges however has needed to lower her hours and quit jobs to look after her son when she couldn’t safe enough expert nursing care.
“The nurses don’t need to tackle that further burden of further coaching and drug testing after they can simply go work with a child or teenager or somebody who’s not a developmentally disabled grownup with all these further guidelines,” she mentioned.
“For those who’re dwelling in the neighborhood in your personal home, you shouldn’t be subjected to this regulation, which makes your life worse,” she added.
Coll-Guedes is aware of Aronsohn, who she’s reached out to for assist. She learn his report and noticed her family’s struggles mirrored there. They haven’t gotten sufficient assist to rent 24-hour nursing care via an company, make wanted dwelling modifications, or exchange their 2011 handicapped van.
“Nobody deliberate for Alex’s grownup life or care. They only assumed we’d put him away,” she mentioned. “The system steers individuals with probably the most complicated care into group settings, even when they don’t need to reside in a bunch dwelling or nursing dwelling.”
She hopes the report will wake policymakers as much as the necessity for expanded helps for individuals with mental or developmental disabilities.
“My son doesn’t ask for lots. He simply needs to be with the individuals who care about him in his dwelling. However his wants are greater than I can deal with,” she mentioned. “We’re so reliant on the state, however the state simply sees us as issues.”
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New Jersey
New Jersey weighs making underage gambling no longer a crime
TRENTON (AP) — Should underage gambling no longer be a crime?
New Jersey lawmakers are considering changing the law to make gambling by people under the age of 21 no longer punishable under criminal law, making it subject to a fine.
It also would impose fines on anyone helping an underage person gamble in New Jersey.
The bill changes the penalties for underage gambling from that of a disorderly persons offense to a civil offense. Fines would be $500 for a first offense, $1,000 for a second offense, and $2,000 for any subsequent offenses.
The money would be used for prevention, education, and treatment programs for compulsive gambling, such as those provided by the Council on Compulsive Gambling of New Jersey.
“The concern I had initially was about reducing the severity of the punishment,” said Assemblyman Don Guardian, a Republican former mayor of Atlantic City. “But the fact that all the money will go to problem gambling treatment programs changed my mind.”
Figures on underage gambling cases were not immediately available Thursday. But numerous people involved in gambling treatment and recovery say a growing number of young people are becoming involved in gambling, particularly sports betting as the activity spreads around the country.
The bill was approved by an Assembly committee and now goes to the full Assembly for a vote. It must pass both houses of the Legislature before going to the desk of the state’s Democratic governor, Phil Murphy.
The council said recently that it conditionally supports the bill but has concerns about it.
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Luis Del Orbe, the council’s acting executive director, said he is glad it will provide funding for gambling treatment and education programs. But he said fines alone are not enough without mandating education about problem gambling. He asked that such a requirement be added to the bill.
“When a young person is ‘fined,’ who actually pays the fine?” he asked.
In a statement submitted to the Assembly panel, the council said, “More and more of New Jersey citizens need help due to the ongoing expansion of gambling opportunities, and it is anticipated that the demand will only continue to grow. There is also an urgent need for expanded education and awareness about the harms that can come of gambling, particularly with respect to youth.”
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New Jersey
New Jersey State Police Gave a ‘Free Pass’ to Motorists with Courtesy Cards or Ties to Police, Investigation Finds – Insider NJ
The Office of the State Comptroller found even motorists suspected of dangerous driving offenses were let go by New Jersey State Police.
TRENTON—An investigation finds that New Jersey State Police troopers routinely gave preferential treatment to certain motorists who presented a courtesy card or asserted a personal connection to law enforcement—even when motorists were suspected of dangerous offenses, like drunk driving, according to a new report by the New Jersey Office of the State Comptroller.
OSC’s Police Accountability Project reviewed body worn camera footage of 501 no-enforcement stops by New Jersey State Police–meaning stops where New Jersey State troopers did not issue tickets or make arrests. In 139 or 27 percent of these no-enforcement stops, motorists presented a courtesy card, claimed to have a friend or relative in law enforcement, or flashed a law enforcement badge and then were let go, OSC’s report said. In some cases, the trooper released the motorist immediately, offering some version of “you’re good.” The report found that courtesy cards are in wide usage and function as “accepted currency” by state troopers. (In all but one case, the troopers gave the courtesy card back to the motorist, enabling the card to be used again.)
Reviewing more than 50 hours of body worn camera footage of the stops, which took place over ten days in December 2022, OSC found that troopers regularly decided not to enforce motor vehicle laws after receiving a courtesy card or being told the driver has ties to law enforcement. For instance, one motorist, who was stopped for driving over 90 miles per hour, admitted to drinking alcohol but was let go without a sobriety test after he presented two courtesy cards. Another motorist was stopped for driving over 103 miles per hour and was released after she volunteered that her father was a lieutenant in a local police department. The most significant consequence the troopers imposed in these stops was advising the motorists that they had left a voicemail message for the law enforcement officer named on the courtesy card or invoked as a friend or relative. OSC has released video excerpts of the footage.
“Our investigation shows that some people are being given a free pass to violate serious traffic safety laws,” said Acting State Comptroller Kevin Walsh. “Law enforcement decisions should never depend on who you know, your family connections, or donations to police unions. Nepotism and favoritism undermine our laws and make our roads more dangerous.”
Overall, close to half of the 501 non-enforcement stops reviewed by OSC involved speeding, many for more than 20 miles per hour over the speed limit. In three stops, drivers stopped for reckless driving, careless driving, and/or speeding, also admitted to drinking alcohol, yet were released without being asked to step out of the car for a field sobriety test. Both drunk driving and speeding are major causes of traffic fatalities. According to data compiled by the New Jersey State Police Fatal Accident Investigation Unit, in 2022, New Jersey recorded 646 fatal collisions that resulted in 689 deaths or 1.89 fatalities per day. This was among the highest number of traffic-related deaths in New Jersey in the past 15 years.
OSC initiated this investigation in response to reports that law enforcement officers’ decisions not to enforce motor vehicle violations were influenced by improper factors, including courtesy cards. Courtesy cards, often referred to as PBA cards, FOP cards, or gold cards, are given out by police labor associations to law enforcement officers. They also can be purchased through “associate memberships” with police associations and are sold by private companies.
OSC’s investigation found that courtesy cards are widely used. In 87, or 17 percent, of the no-enforcement stops OSC reviewed, motorists presented courtesy cards that came from municipal police departments, county and state agencies, as well as inter-state and out-of-state law enforcement agencies. They all appeared to be equally effective at getting motorists released without enforcement.
Asserting a relationship with law enforcement appeared to carry equal weight, OSC found. In 52 or 10 percent of the no-enforcement stops reviewed, the driver or passengers did not present a courtesy card but claimed a connection to law enforcement, and the trooper decided to let them go. In 29 of those stops, the motorist or passenger identified themselves as current, retired, or in-training law enforcement officers. Other stops resulted in no enforcement when the drivers or passengers claimed a relative, friend, or neighbor worked in a law enforcement agency.
In one stop, a trooper said he stopped a motorist for driving 97 miles per hour. After an extended conversation about the “friends” they had in common, the trooper told the driver to “stay safe” and let him go. In another stop, a trooper performed a computerized look-up of the driver’s credentials and discovered the driver had an active warrant for his arrest. But when the driver’s friend introduced himself, letting the trooper know that he was also an off-duty trooper, the stopping trooper walked back to the motorist, apologized for stopping him, and let him go without even mentioning the warrant. OSC was unable to determine from the footage what the warrant was for.
Other findings include:
- Providing preferential treatment to motorists who present courtesy cards or assert close personal relationships with law enforcement appears to have a discriminatory impact. Of the 87 courtesy cards observed in the sample, for instance, 69 were presented by White drivers.
- Even when courtesy cards were not present, racial disparities were observed in the sample. New Jersey State Police policy requires troopers to request all three driving credentials (license, registration, proof of insurance) when making motor vehicle stops, but OSC found overall, White and Asian drivers were less likely to have all three of their credentials requested and verified when compared to Black and Hispanic/LatinX drivers. Additionally, troopers conducted computerized lookups of Hispanic/LatinX drivers 65 percent of the time, while looking up White drivers only 34 percent of the time.
- In many stops, OSC was unable to ascertain why the troopers made the decision not to enforce motor vehicle violations because of the quality of the video footage or other factors. Still, OSC observed several of those stops involved dangerous offenses, underscoring the importance of reviewing no-enforcement motor vehicle stops, which are not routinely reviewed.
OSC made 11 recommendations, including that New Jersey State Police regularly review no-enforcement stops to better understand racial/ethnic trends in motor vehicle data and determine if additional training is needed. OSC also recommended that the Attorney General consider issuing a directive that would explicitly prohibit law enforcement officers from giving preferential treatment to motorists because of their ties to law enforcement or possession of courtesy cards.
Read the report.
Watch excerpts of the body camera footage.
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