Sponsored by:
Senator JEFF VAN DREW
District 1 (Cape May, Atlantic and Cumberland)
Co-Sponsored by:
Senator Stack
SYNOPSIS
Establishes "Task Force on the Closure of State Developmental Centers."
CURRENT VERSION OF TEXT
As reported by the Senate Budget and Appropriations Committee on June 27, 2011, with amendments.
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; 1and1
(2) 1[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] 101 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 1[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] who represents The Arc of New Jersey; one person who represents Disability Rights New Jersey1; 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; 1one person who represents families of residents of developmental centers; two health care professionals, one of whom provides care for individuals with developmental disabilities who reside in developmental centers, and one of whom provides care for individuals with developmental disabilities in the community; one person who has expertise in legal issues that impact individuals with developmental disabilities;1 and one person who represents 1[organized] a1 labor 1union that represents direct care staff at developmental centers1.
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 1[hearings as it deems appropriate] a minimum of three public meetings, at least one of each shall be held in the southern, central and northern regions of the State1.
f. The Department of Human Services shall provide staff support to the task force.
3. 1[a.]1 The task force shall perform a comprehensive evaluation of the seven State developmental centers, 1[which shall, at a minimum, include a review of each developmental center to determine] and prepare a plan for the future of developmental centers in the State. The plan, which shall be binding on the Department of Human Services, may provide for the closure of one or more developmental centers based on the following criteria1:
(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.
1[b. The task force shall develop a developmental center closure plan that is based on the comprehensive evaluation. The plan]1 If the plan provides for the closure of developmental centers, it1 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.