A New Jersey bill, if passed, would protect people with developmental disabilities from physical abuse and neglect in foster homes, group homes, nursing homes and state-run facilities. The bill, named "Tara's Law," was introduced by State Senator Jennifer Beck.
The bill was inspired in part by the tragic death of Tara O'Leary, a 29-year-old woman with developmental disabilities. O'Leary, who weighed only 43 pounds at the time, died because of neglect in a residential facility in 2008. Beck said, "Although no legislation can bring Tara back to her family that fought so hard to be a part of her life...I hope that the advancement of this bill may be of some consolation to her family, and of some comfort to families who currently have loved ones in community care residences."
The abuse and neglect of people with developmental disabilities is often ignored. Experts in the field suggest that most cases go unreported because the victims are unable to complain because of their disability.
Provisions of the Bill
The bill would require the Department of Human Services (DHS) to license, inspect and oversee facilities that house people with developmental disabilities.
The bill also would also allow doctors and hospitals to take into protective custody any individual with a developmental disability, if there is evidence of abuse or neglect that was likely caused by the facility.
Lastly, the bill would empower the DHS to inspect allegations of abuse, neglect or exploitation by a caregiver. The bill requires that all reports resulting from investigations be safeguarded for any future lawsuits or criminal prosecutions.
An Attorney Can Help
If you suspect that a loved one in a nursing home or assisted living facility is being abused or neglected, report your suspicions to the management of the facility immediately. If you still fear for the safety of your loved one, contact local or state authorities.
Once you have secured your loved one's safety, contact an attorney experienced in nursing home neglect for more information about your rights and legal options. Taking action is the best way to stop the abuse and hold the perpetrator and facility accountable.
