TRENTON — Workers who abuse people with developmental disabilities have long been a problem in housing and other programs because their mistreatment was often hard to prove, or it didn’t rise to a criminal level. Once caught and fired, they would simply move on to another job and be able to abuse or neglect the new people in their...
Human Services Commissioner Jennifer Velez, pictured in a January photo, today announced the creation of a private database employers can use to access information on workers who abused people in their care.TRENTON — Workers who abuse people with developmental disabilities have long been a problem in housing and other programs because their mistreatment was often hard to prove, or it didn’t rise to a criminal level.
Once caught and fired, they would simply move on to another job and be able to abuse or neglect the new people in their care.
But state officials are hoping to change that with a registry to detect such workers.
Human Services Commissioner Jennifer Velez Wednesday announced the registry, saying it will collect the names of paid and volunteer caregivers who have abused or neglected those under their supervision.
The registry is not retroactive — it will include offenders going forward from Wednesday, state Human Services spokeswoman Pam Ronan said.
Advocacy groups say it is vital to help employers vet people who would not show up on a criminal database, yet have shown they pose a threat to those with intellectual and developmental disabilities.
The database will be available only to employers.
"There was this gap between the people we know have abused people, and the people we can get convicted criminally,’’ said Liz Shea, assistant executive director for the Arc of New Jersey, which lobbied for a registry for about seven years. Getting a conviction can be tough because prosecutors must rely on witnesses and victims who may be nonverbal or have other difficulties articulating what happened.
Employers will be required to report abuse and neglect, and to check the registry against their work force annually and before they hire new people, according to a department fact sheet. The department will notify employers when names are added.
People can challenge their inclusion on the registry through a meeting with department officials. They can also appeal and seek an administrative law hearing. Offenders can be removed from the registry after five years if they can "present evidence of satisfactory rehabilitation.’’
"This central registry law and regulations provide a fair and formal way to reduce the risk of potentially rehiring, in Department of Human Services-funded programs, caregivers who have been found to have neglected, abused or exploited individuals with developmental disabilities entrusted to their care,’’ Velez said.
Alison Lozano, executive director of the state Council on Developmental Disabilities, said the registry will benefit thousands of people in New Jersey who rely on networks of service providers.
"This law provides another tool in ensuring the safety of that system,’’ Lozano said.
Previous coverage:
• Gov. Christie authorizes internal registry of abusive caretakers of disabled