NCSA Letter Supporting New Jersey's Billy Cray's Law — Electronic Monitoring in Group Homes (June 2020)
Letter | June 11, 2020
To: Senator Vin Gopal, Senator Stephen Sweeney, Assemblymember Craig Coughlin, Assemblymember Joann Downey (New Jersey)
Re: Support for Billy Cray's Law, NJ A4013 — Electronic Monitoring Devices in Group Homes for Adults with Developmental Disabilities
June 11, 2020
Dear Senator Gopal, Senator Sweeney, Assemblymember Coughlin, and Assemblymember Downey:
The National Council on Severe Autism (NCSA) 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.
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.
One issue too often seen in our care system is neglect and abuse in group homes. One clear exception to normal privacy standards 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: it would significantly enhance abuse and neglect prevention as a training tool and mechanism for instructive feedback for staff; it would deter neglectful or abusive behavior; and it would assist in providing evidence in cases where abuse or neglect is suspected — compensating for the fact that minimally or nonverbal clients are incapable of communicating their circumstances.
The bill strikes an important balance between protecting privacy and protecting overall well-being. EMDs would be installed only upon consensus of clients, and in private rooms, only upon request of residents. Staff members would need to provide express written consent as a condition of employment. Recordings are retained for only 45 days. A prominent written notice would be posted at entrance and exit doors.
Billy Cray's Law is a very welcome addition to a developmental disability system that desperately needs more safeguards for vulnerable clients.
Very truly yours,
Jill Escher, President
