New Jersey State Senator Vin Gopal
New Jersey State Senator Stephen M. Sweeney
New Jersey Assemblymember Craig Coughlin
New Jersey Assemblymember Joann Downey
Via email to: sengopal@njleg.org, sensweeney@njleg.org, aswdowney@njleg.org, asmcoughlin@njleg.org
June 11, 2020
Re: Support for Billy Cray’s Law, Bill NJ A4013
Dear Senator Gopal, Senator Sweeney, Assemblymember Coughlin and Assemblymember Downey,
The National Council on Severe Autism (NCSA) has followed with great interest and fully supports Billy Cray’s Law, Bill NJ A4013, the effort in New Jersey to provide for electronic monitoring devices (EMDs) in group homes serving adults with developmental disabilities, including autism.
NCSA is a voice for the disabled who have no voice — specifically, the growing population of Americans disabled by severe forms of autism. Those with severe autism often have minimal language, low cognitive ability, severe functional impairments, and dangerous behaviors, including aggression, self-injury and property destruction. They typically need 24/7 care, for life, having little capacity to care for themselves or earn a living.
Tragically, one issue too often seen in our care system is neglect and abuse in group homes and other settings. Prevention of abuse and neglect, in addition to ensuring proper procedures and accountability, requires a multi-pronged approach including adequate hiring, training, pay, and supervision practices by all agencies responsible for the care of adults with autism/DD. One element of a healthy training and supervision practice is the use of EMDs in common areas with the approval of the home clients, and in private areas with approval of the individual resident. Normally, EMDs would not be necessary inside of residences, but one clear exception to that rule is the case of residents with impaired ability to communicate or advocate for themselves. In those cases, visual documentation compensates for the absence of information that could be gleaned from the client.
The benefit is three-fold: first, it would significantly enhance abuse and neglect prevention strategies as a training tool and a mechanism for instructive feedback for staff. Second it would help deter any neglectful or abusive behavior on the part of staff, and render programs generally more accountable to clients and their guardians. It would also assist in providing evidence in those cases where abuse or neglect is suspected, again, compensating for the fact that the minimally or nonverbal clients are incapable of communicating their circumstances and remain utterly dependent on others for their protection.
The bill strikes an important balance between protecting people's privacy and protecting their overall well-being. EMDs would be installed only upon consensus of clients, and in private rooms, only upon request of the residents. The recordings are retained by the group home for only a period of 45 days. Staff members would need to provide express written consent to the use of the EMDs in the group home's common areas, as a condition of the person's employment. A prominent written notice would be posted at the entrance and exit doors to the home informing visitors that they will be subject to electronic video monitoring while present in the home. The Department of Human Services would conduct on-site device inspections. The Ombudsman for Individuals with Intellectual or Developmental Disabilities and Their Families, the New Jersey Council on Developmental Disabilities, and the group home provider community, will work together to establish and publish guidelines for the development of internal policies.
Billy Cray’s Law is a very welcome addition to a developmental disability system that desperately needs more safeguards for vulnerable clients. Thank you for your commitment to the welfare of adults with severe disabilities and your consideration of this important bill.
Very truly yours,
Jill Escher
President