An Act establishing a task force on State developmental centers.

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

1. a. The Legislature finds and declares that the United States Supreme Court, in its 1999 decision in Olmstead v. L.C., found that the Americans with Disabilities Act requires states to integrate individuals with disabilities into the community and out of residential centers whenever: (1) state treatment professionals have determined that community placement is appropriate; (2) the transfer from an institutional setting to a less restrictive setting is not opposed by the individual; and (3) community placement can be reasonably accommodated, taking into account the resources available to the state and the needs of others with disabilities.

b. The Governor shall rescind the recommendations of the Task Force on the Closure of State Developmental Centers issued pursuant to section 4 of P.L.2011, c.143.

2. There is established the "Task Force on State Developmental Centers." The task force shall perform a comprehensive evaluation of all of the State developmental centers and prepare recommendations that address compliance with the decision of the United States Supreme Court in Olmstead v. L.C. (1999), so that residents with a developmental disability receive services and supports in the least restrictive setting appropriate to their needs. In making any recommendation the task force shall consider:

a. the residents' medical needs, including any needs for exceptional medical supports based on medical acuity level;

b. the residents' social needs; and

c. the distance between the residents' families or guardians, as appropriate, and the proposed developmental center to which the residents would be transferred, in order to permit continuation of residents' relationships with families or guardians, as applicable.

3. a. The task force shall be comprised of seven members as follows:

(1) the Commissioner of Human Services or the commissioner's designee, who shall serve ex officio; and

(2) six public members appointed by the Governor, with the advice and consent of the Senate, who shall include: one person recommended by a Statewide advocacy group that supports the closure of developmental centers; one person recommended by a Statewide advocacy group that opposes the closure of developmental centers; one family member of an individual currently residing in a developmental center in the State; the Executive Director of The Elizabeth M. Boggs Center on Developmental Disabilities or the Executive Director's designee; one faculty member from the School of Social Work at Rutgers, The State University of New Jersey, who has expertise in the administration of human services programs; and one person who represents organized labor.

Vacancies in the membership of the task force shall be filled in the same manner provided for the original appointments.

b. The task force shall organize as soon as practicable following the appointment of its members and shall select a chairperson and vice-chairperson from among the members. The chairperson shall appoint a secretary who need not be a member of the task force.

c. The public members shall serve without compensation, but shall be reimbursed for necessary expenses incurred in the performance of their duties and within the limits of funds available to the task force.

d. The task force shall be entitled to call to its assistance and avail itself of the services of the employees of any State, county, or municipal department, board, bureau, commission, or agency as it may require and as may be available to it for its purposes.

e. The task force shall meet and hold hearings as it deems appropriate.

f. The Department of Human Services shall provide staff support to the task force.

4. The task force shall perform a comprehensive evaluation of the seven State developmental centers, which shall, at a minimum, include a review of each developmental center to determine:

a. the number of persons with developmental disabilities residing in the developmental center who have requested a community placement and whose interdisciplinary teams have recommended such a placement;

b. the number of persons with developmental disabilities residing in the developmental center and their families or guardians who have expressed a desire to remain in a developmental center;

c. the number of persons with developmental disabilities residing in the developmental center who require 24-hour supervision;

d. the projected repair and maintenance costs of the developmental center;

e. the capacity of the surrounding community to provide services and supports to persons with developmental disabilities; and

f. whether a closure would affect residents' medical needs, including any needs for exceptional medical supports based on medical acuity level, and social needs, and whether the distance between the residents' families or guardians, as applicable, and the proposed developmental center to which residents would be transferred, would permit continuation of relationships with families or guardians, as appropriate.

5. No later than six months after the task force organizes, the task force shall make such recommendations as it deems appropriate, to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1).

6. Within six months of the release of the task force's recommendations, and prior to taking any action pursuant thereto, the department shall hold public hearings, which shall be conducted in the northern, southern, and central regions of the State.

7. This act shall take effect immediately and shall expire upon the submission by the task force of its recommendations to the Governor and the Legislature.

STATEMENT

This bill requires the Governor to rescind the recommendations of the Task Force on the Closure of State Developmental Centers, which, in August 2012, instructed the Department of Human Services (DHS) to close North Jersey Developmental Center followed by Woodbridge Developmental Center within the next five years.

The bill establishes a new task force, the "Task Force on State Developmental Centers," which is to perform a comprehensive evaluation of all of the State developmental centers and prepare recommendations that address compliance with the decision of the United States Supreme Court in Olmstead v. L.C. (1999), which requires that a person with a developmental disability receive services and supports in the least restrictive setting appropriate to the person's needs. In making any recommendation, the task force is to consider the residents' medical needs, including any needs for exceptional medical supports based on medical acuity level, the residents' social needs, as well as the distance between the residents' families or guardians and a developmental center to which the residents would be transferred, in order to permit continuation of residents' relationships with families or guardians.

The task force is to be comprised of seven members, the Commissioner of Human Services and six public members. The public members are to include: one person recommended by a Statewide advocacy group that supports the closure of developmental centers; one person recommended by a Statewide advocacy group that opposes the closure of developmental centers; one family member of an individual currently residing in a developmental center in the State, the Executive Director of The Elizabeth M. Boggs Center on Developmental Disabilities or the Executive Director's designee; one faculty member from the School of Social Work at Rutgers, The State University of New Jersey, who has expertise in the administration of human services programs; and one person who represents organized labor.

The comprehensive evaluation of the seven State developmental centers is to include a review of each developmental center to determine: the number of persons with developmental disabilities residing in the developmental center who have requested a community placement and whose interdisciplinary teams have recommended such a placement; the number of persons with developmental disabilities residing in the developmental center and their families or guardians who have expressed a desire to remain in a developmental center; the number of persons with developmental disabilities residing in the developmental center who require 24-hour supervision; the projected repair and maintenance costs of the developmental center; the capacity of the surrounding community to provide services and supports to persons with developmental disabilities; and whether a closure would affect residents' medical needs, including any needs for exceptional medical supports based on medical acuity level, residents' social needs, and whether the distance between residents' families or guardians, as applicable, and the proposed developmental center to which residents would be transferred, would permit a continuation of their relationships.

The bill provides that, no later than six months after the task force organizes, the task force is to submit its recommendations to the Governor and the Legislature. Within six months of the release of the task force's recommendations and prior to taking any action, DHS is to conduct public hearings in the northern, southern, and central regions of the State.