Establishes "Disability Mortality and Abuse Prevention Advisory Committee" in DHS; makes appropriation.

A2231

ASSEMBLY, No. 2231

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman SHANIQUE SPEIGHT

District 29 (Essex and Hudson)

Co-Sponsored by:

Assemblyman Sauickie

SYNOPSIS

���� Establishes "Disability Mortality and Abuse
Prevention Advisory Committee" in DHS; makes appropriation.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

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 13 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;

���� (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; and

���� (12)� a representative from
Disability Rights New Jersey.

����� 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 individual�s 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 in current government responses;�

����� (b)� recommend
improvements to governmental responses, including actions to improve
accountability for State-funded or State-licensed providers; and

����� (c)� identify
opportunities to improve the complaint and investigatory experience for all
parties involved in alleged incidents of abuse, neglect and exploitation,
including complainants, alleged victims, staff, service providers, and
families; and

����� (6)� submit
the advisory committee�s findings and recommendations to the Departments of
Human Services and Children and Families, which findings and recommendations
shall be considered confidential and not subject to release under P.L.1963,
c.73 (C.47:1A-1 et seq.), known as the open public records act, or the common
law right of access.

���� e.�
The Department of Human Services may contract with a consultant, who has
demonstrable experience in providing technical assistance relevant to the
purpose of the committee, to support the advisory committee through project
management, research, and technical expertise to assist the advisory committee
in fulfilling its duties and responsibilities pursuant to subsection d. of this
section.

���� 2.� a.� The Departments of
Human Services and Children and Families shall be authorized to provide
confidential client information and records to the Disability Mortality and
Abuse Prevention Advisory Committee pursuant to the protocols and procedures
established in subsection d. of section 1 of this act.

���� b. The advisory committee
shall record the name, age, date of birth, place of death or pronouncement of
death, date and time of death, as applicable, and circumstances surrounding the
incident or death in a confidential master file. The file shall serve as the
minimum record of the case, be the only file that contains the name of the
individual, and not be subject to discovery, but may be used by the chairperson
of the advisory committee to refer an individual case, including the
committee�s deliberations and findings, to the extent necessary for an
appropriate agency to investigate or to provide services.

���� c.� The deliberations,
findings, and recommendations of the committee shall not supersede or replace
the conclusions or opinions of the agencies that contribute information from
their own records.

���� d.� All proceedings and
activities of the advisory committee, all opinions of the members of the
advisory committee, which are formed as a result of the advisory committee's
proceedings and activities, and all records obtained, created, or maintained by
the committee shall be confidential, and shall not be subject to public
inspection, discovery, subpoena, or introduction into evidence in any civil,
criminal, legislative, or other proceeding.

���� e.� In no case shall the
advisory committee disclose any personally identifiable information to the
public.� The department may establish civil penalties for the negligent or
knowing and willful disclosure of confidential information by members of the
advisory committee.

���� f.� Members of the advisory
committee shall not be questioned in any civil, criminal, legislative, or other
proceeding regarding information that has been presented in, or opinions that
have been formed as a result of, a meeting or communication of the advisory
committee.

���� g.� A member of the advisory
committee shall not be liable for any civil damages as a result of providing in
good faith any reports, records, opinions, or recommendations pursuant to
P.L.1997, c.175 (C.9:6-8.83 et al.).

���� 3.� a.� No later than 27
months after the effective date of this act, the Commissioner of Human Services
shall review the advisory committee�s findings and recommendations received
pursuant to paragraph
(6)
of subsection
d. of section 1 of this act and prepare and submit a report to the Governor
and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), the Legislature,
which report shall:

���� (1) summarize the advisory
committee�s findings and recommendations;

���� (2)� detail the strengths of
current procedures concerning the provision of services to individuals with
intellectual and developmental disabilities in the State; and

���� (3)� compare the State�s
current process for providing services to individuals with intellectual and
developmental disabilities with other states in the country.

����� b.� The report submitted
pursuant to this section shall not contain any identifying or confidential
information with regard to any individual or circumstances around specific
instances of abuse, neglect, exploitation, or death.

���� 4. There is appropriated from
the General Fund to the Department of Human Services such sums as are necessary
to implement the provisions of this act.

���� 5.� This act shall take effect
90 days after the date of enactment, except that the Commissioners of Human
Services and Children and Families may take any anticipatory administrative
action in advance as shall be necessary for the implementation of this act.�
This act shall expire upon submission of the report pursuant to section 3 of
this act.

STATEMENT

���� This bill establishes a
temporary �Disability Mortality and Abuse Prevention Advisory Committee�
(advisory committee) in the Division of Developmental Disabilities in the
Department of Human Services (DHS).� The purpose of the advisory committee will
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; explore methods to enhance
accountability concerning cases of abuse, neglect, or exploitation among State-funded
disability services providers; and

���� (4)� 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 investigatory experience for disability services
clients and their families.

���� The advisory committee will be
composed of 13 members to be appointed by the Commissioner of Human Services,
as follows:� a licensed physician with experience providing services to
individuals with intellectual and developmental disabilities; a representative
from the Bureau of Guardianship Services; a representative from Adult
Protective Services; an individual with an intellectual or developmental
disability; two family members of an individual with an intellectual or
developmental disability; a representative from the Division of Developmental
Disabilities; a representative from the Department of Children and Families; a
professional with experience in child abuse investigations in New Jersey; a
representative from the Office of Program Integrity and Accountability; a
representative from a Department of Children and Families-contracted or funded
residential provider agency serving individuals with intellectual and
developmental disabilities who 18 years of age or older; 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; and a representative from Disability Rights New Jersey.

���� The advisory committee will
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;

���� (2)�� identify, and conduct a
thorough 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;

���� (3)�� collect, analyze, and
interpret data and information obtained from the selected cases reviewed under
the bill;

���� (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;

���� (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; and

���� (6)�� submit the advisory
committee�s findings and recommendations to the Departments of Human Services
and Children and Families.

���� The Department of Human
Services may contract with a consultant to support the committee with project
management, research, and technical expertise to assist the advisory committee
in fulfilling its duties and responsibilities under the bill.

���� The bill authorizes the DHS
and the Department of Children and Families to provide confidential client
information and records to the advisory committee.� The bill establishes
certain recordkeeping and confidentiality requirements and protections for the
advisory committee, its members, and its activities.

���� No later than 27 months after
the effective date of this bill, the Commissioner of Human Services will review
the advisory committee�s findings and recommendations and prepare and submit a
report to the Governor and the Legislature.� This report is required to:
summarize the advisory committee�s findings and recommendations; detail the
strengths of current procedures concerning the provision of services to
individuals with intellectual and developmental disabilities in the State; and
compare the State�s current process for providing services to individuals with
intellectual and developmental disabilities with other states in the country.�

���� The bill appropriates from the
General Fund to the Department of Human Services such sums as are necessary to
implement the provisions of the bill.

���� The provisions of the bill
will take effect 90 days after the date of enactment, except that the
Commissioners of Human Services and Children and Families may take any
necessary anticipatory administrative action in advance.� This provisions of
the bill will expire upon submission of the report required under the bill.