S2928

An Act establishing the "Task Force on the Closure of State Developmental Centers."

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

1. There is established the "Task Force on the Closure of State Developmental Centers." The task force shall perform a comprehensive evaluation of all of the State developmental centers and prepare a plan that provides for the closing of developmental centers in an orderly manner that complies with the decision of the United States Supreme Court in Olmstead v. L.C. (1999), and enables a person with a developmental disability to receive services and supports in the least restrictive setting appropriate to the person's needs.

2. a. The task force shall be comprised of 11 members as follows:

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

(2) two members of the Senate, appointed by the President of the Senate, no more than one of whom is from the same political party;

(3) two members of the General Assembly, appointed by the Speaker of the General Assembly, no more than one of whom is from the same political party; and

(4) six public members appointed by the Governor, with the advice and consent of the Senate, who shall include: one person with expertise in evaluating the economic impact on a community of closing a major employment site; 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; 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.

3. a. 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:

(1) 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;

(2) 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;

(3) the number of persons with developmental disabilities residing in the developmental center who require 24-hour supervision;

(4) the projected repair and maintenance costs of the developmental center;

(5) the capacity of the surrounding community to provide services and supports to persons with developmental disabilities; and

(6) the economic impact on the community in which the developmental center is located if that center were to close.

b. The task force shall develop a developmental center closure plan that is based on the comprehensive evaluation. The plan shall provide a prioritization for the closing of those developmental centers that the task force determines should be closed and strategies for the development of community placements.

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

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

STATEMENT

This bill establishes the "Task Force on the Closure of State Developmental Centers."

The bill provides that the task force shall perform a comprehensive evaluation of the State's seven developmental centers and prepare a plan that provides for closing of developmental centers in an orderly manner that complies with the decision of the United States Supreme Court in Olmstead v. L.C. (1999), and enables a person with a developmental disability to receive services and supports in the least restrictive setting appropriate to the person's needs.

Under the provisions of the bill, the comprehensive evaluation of the developmental centers by the task force would, at a minimum, 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

· the economic impact on the community in which the developmental center is located if that center were to close.

The bill requires the task force to develop a developmental center closure plan that is based on the comprehensive evaluation. The plan must provide a prioritization for the closing of those developmental centers that the task force determines should be closed and strategies for the development of community placements.

The bill provides that no later than six months after the task force organizes, the task force is to submit its closure plan, and make such recommendations as the task force deems appropriate, to the Governor and the Legislature.

The task force would be comprised of 11 members as follows:

-- the Commissioner of Human Services or the commissioner's designee, who shall serve ex officio;

-- two members of the Senate, appointed by the President of the Senate, no more than one of whom is from the same political party;

-- two members of the General Assembly, appointed by the Speaker of the General Assembly, no more than one of whom is from the same political party; and

-- six public members appointed by the Governor, with the advice and consent of the Senate, who shall include: one person with expertise in evaluating the economic impact on a community of closing a major employment site; 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; 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 bill requires the task force to organize as soon as practicable following the appointment of its members and select a chairperson and vice-chairperson from among the members. The public members would serve without compensation, but be reimbursed for necessary expenses within the limits of funds available to the task force. The task force also would 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.

The bill also provides that the task force shall meet and hold hearings as it deems appropriate, and the Department of Human Services would provide staff support to the task force.

Lastly, the bill takes effect immediately and expires upon the submission by the task force of its closure plan to the Governor and the Legislature.