Department of the Public Advocate a Voice for the People

Department of the Public Advocate A Voice for the People

2008 Annual Report

Assisting our Advancing Fostering more Guarding the most vulner- good public responsive interests of able citizens policy government ratepayers

Protecting Preventing Reforming Promoting positive the rights of childhood redevelopment change for children tenants during lead poisoning foreclosure

Department of the Public Advocate 240 West State Street PO Box 851 Trenton, NJ 08625 www.njpublicadvocate.gov [email protected] A Voice for the People

The Department of the Public Advocate is charged with making government more accountable and responsive to the needs of New Jersey residents, especially our most vulnerable citizens.

The Public Advocate’s mission is to act as a voice for the people on a range of critical issues. This is accomplished through many avenues: policy research and reform, investigation of abuse and neglect, community partnerships, legal advocacy, legislative and regulatory action, education and outreach.

The Public Advocate works both inside and outside state government to protect the interests of the public, with a special focus on the elderly, people with mental illness or developmental disabilities, consumers and children.

Originally formed in 1974 under then Gov. Brendan T. Byrne, the Department was dissolved in 1994. Aft er years of vigorous advocacy by a broad coalition of New Jersey citizens, the New Jersey Legislature adopted the Public Advocate Restoration Act in 2005 with the leadership of Senators Joseph F. Vitale and Rob- ert J. Martin and Assemblymen Wilfredo Caraballo, John J. Burzichelli, Alfred E. Steele and Mims Hackett Jr. On July 12, 2005, Governor Richard Codey signed the bill into law.

In 2006, Governor Jon Corzine inaugurated the new Department with the appointment of Ronald K. Chen to serve as the ﬁ rst Public Advocate in New Jersey in nearly 12 years. Table of Contents 1 Protecting the Rights of Tenants During Foreclosure 1

2 Preventing Childhood Lead Poisoning 5

3 Reforming Redevelopment 9

4 Assisting Our Most Vulnerable Citizens Defending the Rights of People with Developmental Disabilities ...... 15 Defending the Rights of People with Mental Illness ...... 18 Safeguarding the Elderly ...... 21

5 Advancing Good Public Policy Safeguarding voting rights ...... 29 Promoting aff ordable housing ...... 32 Helping communities protect their hospitals ...... 33 Ensuring public access to public land ...... 34

6 Fostering More Responsive Government Helping Citizens Navigate Government ...... 35 Resolving Disputes Without Litigation ...... 39 Humane Treatment for Inmates ...... 41

7 Guarding the Interests of Ratepayers Advocating for Fair Prices ...... 43 Championing Ratepayer Interests in Energy Policies...... 44 Encouraging Cleaner Energy ...... 45 Challenging Deregulation of Telephone and Cable ...... 45 Advocating for Seniors, and Disabled and Low Income Ratepayers ...... 46

8 Promoting Positive Change for Children The Child Advocate’s Primary Goals ...... 47 Improving Child Safety ...... 48 Ensuring Children Have Safe, Permanent Homes ...... 51 Enhancing Healthcare for Children and Youth ...... 52 Improving the Care of Children with Mental Health Needs ...... 55 Helping Juveniles Involved with the Legal System ...... 58 The Child Advocate’s Frontline ...... 60

Department Overview 65

Seeking to protect the unseen victims of the Moreover, the Unlawful Eviction Act, foreclosure crisis, the Public Advocate has enacted in 2006, makes it a disorderly begun a campaign to safeguard the rights persons off ense (or an indictable crime if of residential tenants not to be displaced an individual is convicted more than once from foreclosed properties. Responding within fi ve years) for a person, aft er having to complaints from tenants and concerns been warned by a law enforcement offi cer raised by housing advocates, we have or other public offi cial, to att empt to evict undertaken to ensure that the wave of a tenant by any means other than the law- foreclosures does not engulf tenants who ful execution of a valid court order. If the are entitled to remain in their homes under landlord is in possession of a court-issued New Jersey’s strong ten- “Execution of Warrant” ant protection laws. for possession of the premises, the eviction is lawful. Under any With only narrow other circumstance, exceptions, the New the eviction is not law- Jersey Anti-Eviction Act ful. Among the means protects tenants against specifi cally banned by eviction from their the statute (beyond the homes so long as they obvious threats and pay the rent, respect the violence) are words, peace and quiet of their circumstances or actions neighbors, avoid will- that have a clear inten- ful or grossly negligent tion to incite fear in the damage to the property, tenant; removing the and obey the reasonable personal eff ects or furni- rules they have agreed ture of the tenants from to in writing. In Chase their home; padlocking Manhatt an Bank v. Jo- or otherwise changing sephson, a case litigated locks to the property; or by this Department in 1994, the New Jersey shutt ing off , or causing to be shut off , vital Supreme Court held that a tenant who lives services such as heat, electricity, or water, in in a residential property that is covered by an eff ort to regain possession. If an unlaw- the Anti-Eviction Act remains protected ful eviction has occurred, law enforcement by the Act aft er the property is sold to the offi cers and public offi cials are responsible bank or another buyer through foreclosure. for preventing the owner or any other per- As the Court emphasized, the Act protects son from obstructing the tenant from mov- tenants “from having to confront the dev- ing back in. astating eff ects of eviction not through any fault of their own but merely because they had rented property from landlords that Despite these safeguards, many tenants are were either unwilling or unable to meet being pressured to leave their homes. Aft er their mortgage obligations.” lenders acquire properties through foreclo- 2 | PUBLIC ADVOCATE: A VOICE FOR THE PEOPLE

sure, they hire agents – usually real estate The press conference generated signifi cant professionals, asset/property managers, and coverage by the electronic media, includ- att orneys – who contact tenants in an eff ort ing radio and television stations through- to get them to leave. out New Jersey. The event also generated coverage in most of the state’s major daily newspapers. In January 2009, Public Ad- These agents sometimes threaten eviction vocate Chen published an article in the and off er tenants a “cash for keys” sett le- New Jersey Law Journal about the role that ment (if they leave they will get money; the lawyers can play to sooner they leave the more money they will ensure tenants’ rights get). During this process, lenders and their during foreclosures. DDuringuring thethe fi rstrst agents generally fail to mention a critical A consumer-directed tthreehree monthsmonths ofof piece of information: with limited excep- guest editorial on the 22009,009, wwee distributeddistributed tions, tenants have the legal right to remain issue was marketed mmoreore tthanhan 113,0003,000 in their homes. These misleading pressure to daily newspapers EEnglishnglish aandnd SSpan-pan- tactics oft en cause tenants to move out. in February. All of Without real resources or a full understand- these eff orts aim to iishsh iinformationalnformational ing of their legal rights, tenants fi nd another get the word out bbrochuresrochures toto ten-ten- apartment, move in with family or friends, about the issue and aants,nts, nonprononprofi ts,ts, andand or, when no other options are available, let people know that ggovernmentovernment agen-agen- become homeless. we and our partners cciesies aacrosscross tthehe SState.tate. are here to help.

In addition, during the ﬁ rst three months of 2009, we distributed more than 13,000 Eng- lish and Spanish informational brochures to tenants, nonproﬁ ts, and government agencies across the State. The brochures outline the rights of tenants who live in foreclosed properties.

This outreach has spurred additional calls to the Department’s Offi ce of Citizen Rela- tions (OCR), which handles citizen concerns and complaints. During the fi rst quarter of PPublicublic AdvocateAdvocate RonaldRonald ChenChen withwith DOBIDOBI CommissionerCommissioner 2009, OCR received 72 calls for assistance, SSteventeven GGoldman,oldman, wwarnsarns rrealeal eestatestate llicenseesicensees andand at-at- referring 36 for specifi c services from oth- ttorneysorneys aaboutbout misleadingmisleading tenantstenants intointo movingmoving solelysolely ers, reviewing and closing 21 cases, and bbecauseecause thethe propertyproperty iiss inin foreclosureforeclosure oror hashas beenbeen continuing to assist 15 households, includ- fforeclosed.oreclosed. ing two who are receiving direct legal representation by the Department’s Division In collaboration with the Department of of Public Interest Advocacy. In the open Banking and Insurance (DOBI), the Real cases, we are assisting tenants in staying Estate Commission, and nonprofi t organi- in their homes or in making favorable ar- zations, in late 2008 the Public Advocate rangements to move elsewhere if that is the began an outreach campaign to educate ten- tenant’s choice. ants, lenders, lenders’ agents, local public offi cials, and local law enforcement about When a preliminary investigation reveals this issue. The Public Advocate held a press that real estate professionals, asset manag- conference on December 23, 2008, in New- ers, or att orneys are sending misleading ark with DOBI’s Commissioner Goldman, notices, the Public Advocate contacts them, local leaders, and our nonprofi t partners. warns them in writing of the unlawful na- PUBLIC ADVOCATE: A VOICE FOR THE PEOPLE | 3 ture of their actions, and sends the relevant website. And we are collaborating with the information to the regulating agency, for Administrative Offi ce of the Courts on a example, the Real Estate Commission. The potential court rule to fi ll the tenant infor- Real Estate Commission has been extremely mation gap prospectively and consistently. collaborative in undertaking investigations of possible misconduct by real estate licensees. In addition, we have writt en to the CEOs of the major real estate companies in New Jersey suggesting model language for accurate notices to tenants during and following a foreclosure proceeding. Like- wise, we have been in touch with several of the law fi rms that specialize in representing lenders in foreclosure and eviction proceedings and plan to work with the state bar association to educate att orneys about how best to interact with residential tenants in these circumstances. The materials we have prepared include a model lett er that would accurately inform tenants of their rights.

In addition to working closely with the tenants who contact us to ensure that they are not improperly removed from their homes, the Public Advocate is working with its partners in state and local government to identify strategies to hold lenders and their agents accountable when they violate New Jersey law. During the fi rst quarter of 2009, the Department sent lett ers explaining the rights of tenants and the obligations of public offi cials to: the mayor and chief of police of every municipality, county prosecutors, sheriff s, freeholders, and state legislators. In addition, the Department participates in the Essex-Newark Foreclosure Taskforce and the newer Union County Foreclosure Taskforce, in which the local governments bring together all advocates and government agencies working on foreclosure-related issues to share information and strategies for easing the crisis.

We have also conferred with the Depart- ment of Law and Public Safety about how best to reinforce local law enforcement in If you feel that you are at risk of being handling unlawful evictions and with the evicted from your rental home because of Division of Consumer Aff airs about poten- a foreclosure, please contact: tial remedies under the Consumer Fraud Act. When we learned that the Department Department of the Public Advocate of Community Aff airs Landlord Tenant In- Offi ce of Citi zen Relati ons formation Service had updated its bulletin 609-826-5070 on the rights of tenants during foreclosure, we created links to that resource on our 4 | PUBLIC ADVOCATE: A VOICE FOR THE PEOPLE | 5

2 Preventing Childhood Lead Poisoning

In April 2008, the Public Advocate unveiled ies can use these maps to target their screen- the results of a year-long investigation that ing eff orts to reach the children most at risk. uncovered signifi cant problems in the sys- DHSS also gave a full day of lead training to tems designed to protect New Jersey chil- 110 members of the Department of Children dren from lead poison- and Families’ (DCF) ing. Since the signing inspection staff . The of Governor Corzine’s purpose of the training Executive Order #100 was to equip DCF staff on April 29, 2008, and to identify lead haz- the release of the De- ards in potential foster partment’s report, Get- homes, also known as ting the Lead Out: The resource family homes. Childhood Lead Poison- DCF also worked with ing Crisis in New Jersey, Foster and Adoptive state agencies and city Family Services to offi cials have taken update a lead educa- signifi cant steps to tion course for resource bett er protect children family parents. from lead hazards. They have also partnered with community DHSS created and the organizations and local Department of Educa- health centers and tion sent out to school hospitals to address districts for distribu- the unacceptably high tion to parents a two- rate of lead poisoning page informational in New Jersey. fl yer on lead poisoning. To address the problem of the sequential poisoning of children in diff erent units of a Implementing Executive Order #100 multi-unit dwelling, DHSS created a two- page hand-out that can be posted aft er one Governor Corzine’s Executive Order man- child in a building is poisoned. This hand- dated that State agencies take 22 steps to out notes that a unit in the building has address identifi ed defi ciencies in the State’s been identifi ed as having dangerous levels lead poisoning response and prevention of lead dust, informs parents how to protect system. The Executive Order has resulted their children from becoming poisoned, in a number of signifi cant advances across and explains where parents can get their fi ve State agencies. children tested. DHSS also worked with the For example, the Department of Health and Department of Human Services (DHS) to Senior Services (DHSS) created and distrib- ensure that the State’s labs include a child’s uted to cities GIS maps that identify census Medicaid number, when applicable, on all tracts with low blood lead screening rates blood lead analysis reports. Finally, thanks and high incidences of lead poisoning. Cit- to DHSS’s eff orts, the New Jersey Immuni- zation Information System database is now 6 | PUBLIC ADVOCATE: A VOICE FOR THE PEOPLE

being updated on a weekly basis to refl ect Model Cities have made signifi cant ad- newly reported blood lead results. vances. For example, Camden has passed an ordinance that requires a lead inspection before a certifi cate of occupancy will The Department of Community Aff airs be granted; Elizabeth is partnering with (DCA), for its part, adopted rule changes the Seton Hall College of Nursing to of- that prohibit an abater—who is supposed fer lead screenings at day care centers; to remove lead hazards from a home — and East Orange has revised its School Record a clearance inspector — who is supposed form to include a space for lead screening to check the abater’s work and make sure results, with the result that parents and the home is safe — from medical providers fi lling out being from the same the form are reminded of the fi rm. DCA also updated need to screen; Irvington has its list of qualifi ed abat- taken the lead to research and ers, revoked the license of explore primary prevention an abater whose shoddy through the development work practices DPA had of a model ordinance, with brought to the agency’s at- the help of Rutgers-Newark tention, and fi ned a clear- School of Law; Hackensack ance inspector who had has been working with lo- cleared a home that still cal faith-based organizations had lead hazards. Finally, to promote lead education many homeowners had awareness and screening; complained about the Newark has re-worked its length and complexity of contract with abaters to the Lead Hazard Control tighten loopholes; Paterson is Act (“LHCA”) application, making home test kits avail- a form that needs to be Public Advocate Ronald Chen greets able to all residents in multi- fi lled out to obtain mon- children at Newark’s Model Lead-Safe unit dwellings and then ies for lead abatement. In City press conference. inspecting those residences response, DCA awarded where test results show the nearly one million dollars possibility of a lead hazard; to regional coalitions to help residents fi ll and Long Branch and Asbury Park, new to out LHCA forms, and DPA has draft ed for the Model City Program, are exploring is- DCA’s review a shortened and user-friendly sues surrounding lead-contaminated prod- LHCA application. ucts in bodegas.

Launching the Model Lead-Safe The Model Cities have become focal points Cities Program for many positive public and private eff orts to combat lead poisoning. For example, Recognizing that municipalities are on the the Offi ce of the Child Advocate (OCA) has front line of lead poisoning response and reached out to community-based organiza- prevention eff orts, DPA developed the tions to encourage them to help the Model Model Lead-Safe Cities Program. This Cities with lead education and screening ef- Program highlights innovative lead prac- forts. DHSS has paid for lead inspector/risk tices that the cities are already doing and assessor training for a total of seventeen works with the cities on undertaking new employees from the Model Cities. UMDNJ response and prevention eff orts. conducted this training for a discounted price. DPA has also provided technical and legal support to Model Cities to apply Currently Asbury Park, Camden, East to DCA for grants for XRF lead detection Orange, Elizabeth, Hackensack, Irvington, guns. Long Branch, Newark, and Paterson have signed Model City agreements. These nine PUBLIC ADVOCATE: A VOICE FOR THE PEOPLE | 7

Local Cooperation is Key DPA has also been working cooperatively with other municipalities, government entities, and residents. Here are several examples: • DPA helped Morristown resolve several lead-related issues, including interven- ing on behalf of a family threatened with homelessness because of a dilatory abater. • The Department also coordinated with the Princeton, Maplewood, and Mon- The fl ier above is available from DPA in multi ple languages mouth County health departments to including Spanish, Portugese, Creole, Vietnamese, Arabic, and promote their lead-inspection-on-de- Hindi. mand programs. • In August, DPA partnered with the Of- Private entities involved in eff orts to end fi ce of the Child Advocate, the Att orney lead poisoning have also off ered vital sup- General, the Gloucester County Health port to the Model Cities. The Magellan Department, DHSS, and UMDNJ to pro- Biosciences Company owns Lead Care II, a vide free lead screening for children who blood screening device. By allowing a blood were enrolled or adults who worked at test to be performed in a non-laboratory set- the Children’s First Learning Center in ting and providing immediate results, this Mantua. The owner had falsifi ed a lead device overcomes socio-economic and logis- inspection report to make her day care tical barriers such as lack of transportation, center appear to be lead free when in fact infl exible work schedules, and changes of there were several lead hazards. address that currently impede confi rmatory testing, eff ective education concerning how • We helped to resolve several cases where to limit further lead exposure, and appropri- owners, tenants, and abaters were at ate follow-up care. Magellan has agreed to odds over the suffi ciency of lead abate- exchange fi ve of DHSS’s outdated screen- ments and clearance inspections. ing devices for new Lead Care II models at • The Public Advocate co-authored with no cost and to provide these new machines the Mayor of East Orange an article on to the Model Cities for use. In addition, a best practices in lead poisoning response paint manufacturing fi rm has also taken an and prevention for the League of Mu- interest in the Model Cities and would like nicipalities’ magazine. to conduct a pilot lead poisoning prevention program in select Cities that would target • The Public Advocate authored an article areas with old housing and high poison- at the behest of the journal MDAdvisor ing rates. Finally, a private fi rm that has on the neuro-developmental damage two patents pending on a screening device that lead poisoning causes and the role that does not require a blood draw has ex- the medical community can play to pre- pressed an interest in conducting a demon- vent lead exposure, screening for lead stration project in the Model Cities. poisoning, and monitoring the sometimes delayed eff ects that emerge as lead poisoned children go through various developmental stages. 8 | PUBLIC ADVOCATE: A VOICE FOR THE PEOPLE | 9

3 Reforming Redevelopment

The Public Advocate began this project in Protecting Non-Blighted Property 2006 in response to public concerns about how New Jersey The New Jersey Supreme Court’s landmark towns were con- 2007 decision in ducting redevelop- Gallenthin Realty ment and using Development, Inc. v. eminent domain to Borough of Paulsboro, take property and reining in the over- transfer it from one broad defi nition of private owner to “blight” in the Local another. From the Redevelopment and outset, the Depart- Housing Law, has ment identifi ed had widespread three top priorities impact. We partici- for reform: pated in the Pauls- boro case as a friend of the court, arguing • limiting eminent for the reassertion domain for pri- of constitutional vate redevelop- limitations on the ment to truly blighted areas, as the State areas that could be designated for redevel- Constitution requires; opment. The Court responded forcefully, holding that under the New Jersey Consti- • making the redevelopment process fair tution, the government may not designate and transparent so people receive clear private property for redevelopment unless it notice and have a meaningful chance to is “blighted,” that is, marked by “deteriora- defend their rights in court; and tion or stagnation that has a decadent eff ect • providing adequate compensation and on surrounding property.” relocation assistance so families who lose their homes can rent or buy safe, sound, and comparable replacement housing in Relying heavily on the Paulsboro decision, their own communities. courts have overturned inadequate blight designations in at least eight cases arising in six municipalities, including Belmar (two By the end of 2008, the cases), Hackensack, Lodi, Long Branch, Department had made Maplewood, and Newark (two cases). We real progress on the participated in two of these cases. In 2007, fi rst two of our stated we helped to protect the residents of adjoin- goals. We continue to ing trailer parks in Lodi that provide scarce pursue the third. aff ordable housing in Bergen County. Aft er helping the residents to win their case, we received this 2008 holiday greeting from the chief organizer of the Save Our Homes association there: 10 | PUBLIC ADVOCATE: A VOICE FOR THE PEOPLE

“[W]ith your help, we’ve been living in nicipality to take the property against the peaceful coexistence with [L]odi town owner’s will, and (3) the owner has forty- gov’t since our case was decided. fi ve days to challenge the designation in Superior Court. Only owners who receive [T]hanks for your continuing eff orts to – and ignore – such a notice may lose the really ‘stick up for the litt le guy’ [and] right to challenge a blight designation, and to be a real public advocate.” even in such cases, the courts may extend the time to fi le a challenge “in the interest of TThehe ccourtourt hheldeld tthathat Our eff orts in Long Branch are headed justice.” The court thus bbusinessusiness ownersowners toward a similar resolution. In 2008, we reinforced the consti- argued in the Appellate Division on behalf wwereere e entitledntitled t too c clearlear tutional principle that nnoticeotice aandnd a ffairair of the longtime residents of a four-square- the “government has an block neighborhood who found themselves overriding obligation hhearingearing bbeforeefore tthehe at the eye of the nationwide eminent do- to deal forthrightly and mmunicipalityunicipality ccouldould main controversy when the City tried to fairly with property ttakeake ttheirheir ppropertyroperty take their older, but snug and well-kept owners.” seaside homes. On August 7, 2008, the fforor rredevelopment.edevelopment. Appellate Division rejected the redevelopment designation, holding that “the record This decision, too, has had far-reaching lacked substantial evidence that could have impact. Att orneys in the Department have supported the presented throughout the year at forums New Jersey for the redevelopment bar to explain the Constitution’s holding in Harrison and what it means for standard for municipalities, developers, and property fi nding blight.” owners. The decision has eff ected a sea The case was change in the kinds of notices the munici- sent back to the palities send to owners in redevelopment trial court, and areas. And the courts have continued to the City and the enforce the ruling, with the Appellate Divi- residents have sion deciding at the end of December that since entered a property owner’s belated challenge to into mediation. a blight designation in Jersey City could The City has proceed because he had not earlier received publicly stated notice suffi cient to advise him of his right to that it is considering abandoning its plan to fi le such a challenge. use eminent domain in this area. If it in fact commits to this course, residents who have long fought for their homes will be able to keep them. Making the Case for Fair Compensation and Relocation Ensuring Fairness Assistance In February 2008, the Appellate Division In 2008, we completed our investigation of decided Harrison Redevelopment Agency v. the redevelopment of Mount Holly Gar- DeRose. Adopting arguments the Public dens, a diverse and aff ordable residential Advocate had advanced, the court held neighborhood built in the 1950s that once that business owners were entitled to clear included more than 350 att ached, garden- notice and a fair hearing before the munici- style units. The Public Advocate launched pality could take their property for redevel- the investigation with a public hearing in opment. The court described the elements December 2007, in which dozens of resi- of constitutionally suffi cient notice: it must dents spoke about the impact the redevel- inform the owner that (1) his or her proper- opment has had on their lives and their ty has been designated for redevelopment, community. (A video excerpted from this (2) this designation authorizes the mu- hearing is on our website). The Depart- PUBLIC ADVOCATE: A VOICE FOR THE PEOPLE | 11 ment followed up by meeting with local eas, and can even deny relocation assistance offi cials from the Township of Mount Holly, altogether to residents it does not consider reviewing thousands of documents, and technically eligible. The municipality can interviewing dozens of present and former off er homeowners far less money than it residents of the Gardens. costs to replace the home they would lose to the redevelopment.

The ﬁ rst duty of any local government is to its existing residents. Statutory reform is necessary to reconcile the laws governing compensation and relocation assistance with the overriding principle that the costs to redevelop a community should not be borne by those who can least aﬀ ord it.

The report makes these principal ﬁ ndings:

More than 100 people att ended DPA’s public hearing • When homeowners are displaced, they regarding the impact redevelopment has had on the are not gett ing enough money to allow residents of the Gardens. them to purchase comparable homes in the same municipality, or even the This investigation culminated in a report, region. A Mount Holly Gardens family Evicted from the American Dream: The Redevel- who owned the largest three-bedroom opment of Mount Holly Gardens, released on unit received a maximum of $84,000: November 17, 2008. The report describes $49,000 for the sale of the property at the gradual “dispersal and partial destruc- the Township’s appraised value, $15,000 tion of the existing community” following in relocation assistance, and possibly a a redevelopment designation in 2002. Since $20,000 interest-free loan to be repaid then, the Township has purchased more upon the sale of the replacement house. than 200 of the units without resorting to • Even this – the most generous compen- condemnation. But the threat of eminent sation package off ered – is not enough domain has hung over the community for to buy a replacement property in Mount years, and many landlords and some ho- Holly, where the average sale price for a meowners sold their houses with the un- house last year was more than $206,000. derstanding that the Township intended to Senior citizens are hit particularly hard. take them, by eminent domain if necessary. Many of them have lived in their homes for decades, and their mortgages are The report concludes that the redevelop- paid. They live on fi xed incomes and ment proceeded without adequate regard cannot assume new debt. for the welfare of the families who lived in • Tenants also end up worse off . Dis- the area the Township had deemed blighted placed tenants have relocated to housing and who should by rights have been the that rents, on average, for almost 40% fi rst to benefi t from its planned revital- more than the homes they left . To those ization. Instead, the residents tended to it deemed eligible, the township paid become collateral damage of the redevelop- $7500 in rental assistance, almost twice ment process. The report shows signifi cant the $4000 required by a law that has not gaps in the state laws governing fi nancial been updated since 1972. Yet even this compensation for people whose homes are enhanced assistance was insuffi cient, taken to make room for private redevelop- covering less than 60% of the average ment. The local government can off er scant rental increase, and only for a period of relocation assistance to low-income families four years. who rent their homes in redevelopment ar- 12 | PUBLIC ADVOCATE: A VOICE FOR THE PEOPLE

BBasedased onon thethe datadata DPADPA compiled,compiled, thethe Gardens’Gardens’ low-incomelow-income residentsresidents havehave susuff eredered ssigniignifi cantcant costscosts asas a resultresult ofof beingbeing displaceddisplaced fromfrom theirtheir aff ordableordable housinghousing intointo anan eexpensivexpensive mmarketarket wwithith lliitt lele fi nancialnancial support.support.

• The law gives the municipality exclusive ship’s estimates, when this project is authority to trigger a household’s eligi- over, more than 300 homes that were bility for relocation assistance, depriving aff ordable to low- and moderate-income the residents of control over when they households will have been demolished, leave an area that may have become a and fi ft y-six such units will be built. construction zone. In Mount Holly, the The result will be a loss of more than township did not begin off er- 200 aff ordable housing units. ing such assistance until late 2006, by which time dozens of TThosehose whowho remainremain To address these concerns, the rental families had already left hhaveave wwatchedatched tthehe Department makes the following the Gardens with no fi nancial nneighborhoodeighborhood eemptympty recommendations: assistance at all. aandnd ccomeome ddownown • The law must demand that • Those who remain have aaroundround them.them. displaced homeowners receive watched the neighborhood “replacement value,” that is, com- empty and come down pensation adequate to allow them around them. By November 2008, the to relocate to comparable replacement Township had demolished more than homes in their own communities. seventy of the units it purchased and had boarded up and left vacant many of • When tenants are displaced for rede- the others. Approximately two-thirds of velopment, the law should entitle them the housing units in the Gardens were to the full diff erence between their old empty. As deteriorating conditions in- rent and their new rent in a decent, safe, tensify the pressure to leave, the remain- sanitary, and comparable replacement ing residents have no eff ective means to dwelling for at least seven years – with demand more adequate compensation no time limits for senior citizens or and fi nancial assistance when they are people with disabilities living on fi xed ready to go. incomes. • Redevelopment threatens the aff ord- • The law should require municipalities able housing stock. Based on the Town- to notify residents at least six months PUBLIC ADVOCATE: A VOICE FOR THE PEOPLE | 13

before demolitions begin. Once residents receive that notice, they must be allowed to demand fair compensation and to qualify for relocation assistance whenever they are ready to go. • When redevelopment results in the de- molition of aﬀ ordable housing, municipalities must be required to replace as much of this housing as possible so as to avoid aggravating an already dire short- age of aﬀ ordable housing in the State.

The Department is working with state legislators to amend the State’s redevelopment laws to bett er protect vulnerable low- TThehe GardensGardens duringduring itsits “Golden“Golden Years.”Years.” income citizens subject to displacement as a result of municipal redevelopment programs. Whatever their original intent may have been, the current compensation and relocation assistance laws allow a redevelopment to proceed, triggering the displacement of large numbers of residents, without ensuring that every resident is protected against the immediate and foreseeable ad- verse consequences of the redevelopment.

Pressing for Legislative Reform Throughout 2008, the Public Advocate continued to press for legislative reform of The Gardens now. New Jersey’s redevelopment laws to bett er protect the rights of tenants and property With eff orts to pass comprehensive reform owners. We worked closely with Senator legislation moving slowly, we are now Ronald Rice to advance his comprehensive pressing for a bill that would focus reforms reform bill, S559/757, which was voted out on the laws governing compensation and of the Senate Community and Urban Af- relocation assistance. We hope that our fairs Committ ee on June 19, but did not partners in the Legislature will see the need reach the Senate fl oor. We also met with to ensure that those involuntarily displaced representatives of the Department of Trans- by redevelopment receive enough money portation, New Jersey Transit, the Depart- to allow them to buy or rent decent, compa- ment of Environmental Protection, and the rable replacement homes. City of Newark to learn about and respond to whatever concerns they might have about the reform proposals. We refl ected these concerns in an annotated bill and memorandum we shared with the sponsors of both the Senate and Assembly bills (A1492, sponsored by Assemblyman John Burzichelli). 14 | PUBLIC ADVOCATE: A VOICE FOR THE PEOPLE PUBLIC ADVOCATE: A VOICE FOR THE PEOPLE | 15

4 Assisting Our Most Vulnerable Citizens

For many people with mental illness and was to: developmental disabilities, children with learning disabilities and people who are • Field complaints and concerns from elderly, obtain- constituents concerned about quality of ing the services services; they need to • Provide indi- ensure a good vidual advocacy quality of life for people living and to be pro- in developmental ductive members centers, as needed; of society can be a challenge. • Ensure that Despite the best eligible individu- eﬀ orts of govern- als with development agencies mental disabilities and the non- receive the services proﬁ t provider and rights to which community, they are entitled; there are vulner- • Advocate for able people who people living in fall between the developmental cracks. centers to be able The Public Ad- to move into com- vocate has made munity residential protecting and programs; advocating for • Monitor condi- these most vul- tions in state insti- nerable citizens a tutions for individ- top priority. uals with developmental disabilities to ensure that residents receive appropriate care; and Defending the Rights of People with • Safeguard the right of people with dis- Developmental Disabilities abilities to exercise their right to vote.

The Department advocates for policies and Community Outreach practices that ensure that people with developmental disabilities have safe, comprehen- The Public Advocate also received and sive and eﬀ ective supports and services and responded to many individual constituent the same opportunities as other citizens to calls in 2008. These inquiries oft en were participate fully in all aspects of their com- resolved through information and referral, munities. The Department’s focus in 2008 while some required Department staﬀ to 16 | PUBLIC ADVOCATE: A VOICE FOR THE PEOPLE

become actively involved in problem solv- on an assessment of existing services and ing and att end meetings with service pro- an explanation of how to access these ser- viders, treat- vices. The Department is also monitoring ment teams, emergency admissions to state institutions consumers to ensure that while DDD transitions indi- and families. viduals into the community consistent with For people in the Path to Progress, it doesn’t also move need of legal individuals back into these facilities, except representation on an emergency, short-term basis. or extended Finally, the Department continues to review advocacy, the the issue of individuals who want to move Public Ad- into the community, but who may be pre- vocate works with these individuals and vented by parents or guardians who oppose families to ensure eff ective referrals to legal placement. We have been working with services providers, like Disability Rights DDD to obtain information regarding these New Jersey. individuals, as well as individuals whose guardianships were done by administrative Including People with Developmental fi at, prior to a change in the law in 1985, Disabilities in our Communities rather than through a judicial process. In 1999, the U.S. Supreme Court decided In 2008, the Department began to examine that states should not place or keep indi- the need to reduce and end admissions to viduals in institutions when their treating state institutions for people with develop- professionals believe that they are capable mental disabilities, while providing enough of living in the commu- procedural protections for people who need nity and the individu- to be admitt ed on an emergency basis. WWee aarere wworkingorking als themselves do not At the very end of 2008, the Department oonn ddevelopmingevelopming oppose living in the began its review of new legislation intro- a ccomprehensive,omprehensive, community. The Court duced that would close fi ve of New Jersey’s cconsumer-friendlyonsumer-friendly acknowledged that fi scal developmental centers within fi ve years. ccatalogatalog ooff ccommuni-ommuni- restraints may prevent The Department is meeting with stakehold- ttyy sserviceservices iincludingncluding states from moving all ers and provider groups to do an in-depth eligible individuals into analysis of this bill, and is also reviewing aann eexplanationxplanation ooff the community at once. the successes and failures in other states hhowow ttoo aaccessccess tthesehese Nevertheless, every state where institutions are closed or are in the sservices.ervices. must demonstrate that process of being closed. it has “a comprehensive working plan for placing qualifi ed persons with Restraints and Aversive Interventions [] disabilities in less restrictive sett ings, and Long a subject of controversy and debate in a waiting list that move[s] at a reasonable the community and in the Legislature, the pace.” In 2006, the New Jersey Legislature Public Advocate is deeply concerned about required the Division of Developmental the use of restric- Disabilities (DDD)within the Department tive and aversive of Human Services (DHS) to develop a plan interventions in consistent with the 1999 ruling. DDD re- the care of chil- leased its plan – Path to Progress -- in 2007. dren and adults The Department met with DDD on numer- with developmen- ous occasions in 2008 regarding imple- tal disabilities. mentation of the Path to Progress plan and The Public Advo- the availability of community services for cate is engaged in individuals who want to move into the an ongoing study of this issue and is pursu- community. To that end, we are working ing public input from self-advocates, fami- PUBLIC ADVOCATE: A VOICE FOR THE PEOPLE | 17 lies, professionals and providers. It is an- dress unrelated behavior problems. We are ticipated that in the coming year, our offi ce currently examining records regarding the will signifi cantly contribute to the public use of these drugs in state institutions. dialogue on this issue, especially with regard to questions surrounding the training, staffi ng, policies and practices necessary Advancing Community-based Services: to ensure that all children and adults with The Waiting List Problem developmental disabilities receive services The waiting list of individuals who live in in a safe, respectful and eff ective manner. the community and are seeking residential and other community services climbed to Monitoring State Institutions To Ensure more than 8,000 in 2008. Appropriate Care In 2008, the Department undertook an in- depth evaluation of community services, Safeguarding the civil rights of people re- and in particular, of DDD’s application to siding in state institutions is a high priority the federal government to expand services for the Department of the Public Advocate. covered under the Medicaid Community Public Advocate staff work closely with Care Waiver. The state received approval families and consumers on specifi c areas of for its expansion of the waiver eff ective concern in the institutional system. As part October 1, 2008. Prior to that, the wait- of this process, the Public Advocate under- ing list was for residential placement and took a study of procedures for responding could include additional services. With the to allegations of abuse and neglect in state renewal of the CCW, the Department will programs for individuals with disabilities. review whether waiting list protocols are In addition, Public Advocate staff work consistent with NJ law. In addition, we are closely with consumers at New Lisbon reviewing strategies to improve waiting Developmental Center to resolve problems list response times, including fi ling a Rule that have been identifi ed there including Making Petition. ineff ective treatment and behavior supports and improper criminalization of behavior Self-Advocacy Project related to disability. Specifi cally, the Public The Division of Developmental Disability Advocate has been investigating allega- Advocacy (DDA) had the opportunity to tions that staff at New Lisbon were bring- visit the self-advocacy meetings of each of ing criminal charges against residents when they exhibited behaviors that resulted in harm to others or to property. During the past year, we monitored criminal complaints fi led in the local municipal court by New Lisbon staff and residents against other residents of New Lisbon. We commu- nicated with the local prosecutor regarding this problem. We are currently working with Senator Joseph Vitale’s offi ce to develop a long-term solution. In addition, the Public Advocate continues to investigate the use of psychotropic drugs as a way to control behavior of individuals with disabilities who live in state institutions. A large number of individuals in state institutions are medicated with psy- TThehe waiwaiti ngng listlist ofof individualsindividuals whowho livelive inin thethe commu-commu- chotropic drugs. We want to ensure that nnityity andand areare seekingseeking residenresidenti alal andand otherother communitycommunity individuals are medicated only when they sserviceservices cclimbedlimbed toto moremore thanthan 8,0008,000 inin 2008.2008. have a psychiatric diagnosis and not to ad- 18 | PUBLIC ADVOCATE: A VOICE FOR THE PEOPLE

the State’s seven developmental centers. community; and help our state’s residents, Eff ective self-advocacy groups can help elected offi cials and decision makers un- residents develop critical life skills and derstand what’s at stake and who will be facilitate independent living. aff ected by policies being considered. Self-advocacy groups bring out qualities In vignett es that will be posted on our Pub- of leadership from individuals with de- lic Advocate website, people will talk about velopmental disabilities that may never how they live now, and how they hope to have been seen before. Membership is not live in the near future, with the necessary contingent upon any skills but simply on freedom and level of care they need to ex- the desire and willingness of individuals to perience life to its fullest. speak out for themselves and others. Even group members who do not communicate verbally can and do participate in the group Defending the Rights of People and learn ways of advocating for themselves and others. These skills are helpful with Mental Illness for people seeking to enhance their social- ization skills, independent living skills, job New Jersey is justly proud of constitution- skills and capacity for more independent, ally prohibiting (New Jersey 1947 Constitu- self-directed living. tion Article I para.5) all forms of discrimina- We observed that each developmental tion and segregation in services based on center has a diff erent approach to how their religious beliefs, race, color, ancestry, and self-advocacy meetings are run. Some have national origin. Nevertheless vestiges of a formal agenda whereas others “go with discrimination based on antiquated beliefs the fl ow” and discuss any topic. There is no about individuals with major mental ill- right or wrong way to start the process as ness diagnoses persist in our practices and long as the individuals are actively engaged our laws. The Public Advocate is making in the meeting. a concerted eff ort to change state policies, practices, and procedures that unnecessar- Based on our belief in the importance of ily treat this group of New Jersey citizens eff ective self-advocacy groups, we strongly with prejudice and also to ensure that they support the continuation and expansion of receive their fair share of state benefi ts and self-advocacy groups in each of the Divi- services provided in a humane, integrated sion’s developmental centers. It is our ex- environment by qualifi ed service providers. pectation that self-advocacy groups at each developmental center will be a key resource for skill development and enrichment. The Public Advocate recognizes that people with mental illnesses must be off ered appropriate care in the least restrictive sett ing, The Voices Project so that they have the tools they need to In 2008, the Department undertook the manage their illness. For this to occur, psy- Voices Project. Growing out of our work chiatric hospitals must not be overcrowded with self-advocacy groups and the waiting and there must be adequate housing and list[s] project, the Department is videotap- support services available in the commu- ing individuals living in both the community. nity and state institutions who are waiting for services in the community, including residential placement. The Public Advocate, through our Division The Voices Project will allow people with of Mental Health & Guardianship Advo- disabilities to exercise their constitutional cacy, represents individuals in state, county, right to speak their minds. By giving them and community hospitals to ensure that the chance to speak for themselves, the their rights are protected and they are not Voices Project will help educate the public; required to remain hospitalized for a longer provide information about the challenges period of time than is clinically indicated. faced by the developmentally disabled Att orneys and investigators represent cli- PUBLIC ADVOCATE: A VOICE FOR THE PEOPLE | 19

ents in civil commitment consumers and older residents. TThehe PublicPublic AAdvo-dvo- hearings, to make cer- ccateate rrecognizesecognizes tthathat tain that their rights are ppeopleeople wwithith mmentalental upheld. The Division of Staffi ng at State Psychiatric Hospitals iillnessesllnesses mustmust bebe Mental Health Advocacy In 2008, the Public Advocate also completed off eredered appropri-appropri- examines and researches a study on the qualifi cations of direct care aatete ccareare iinn tthehe leastleast policy issues that aff ect staff at state hospitals. This study, and the consumers in the hospital recommendations that were made based rrestrictiveestrictive sesett ing,ing, and in the community. ssoo tthathat ttheyhey hhaveave tthehe on our fi ndings, has been shared with the Division of Mental Health Services, which ttoolsools ttheyhey nneedeed toto is making recommendations to increase mmanageanage ttheirheir iillness.llness. Residential Health Care the training that is off ered to staff . Since Facilities the release of the Public Advocate report, In March 2008, our re- DMHS has received the necessary approv- port, Heading Toward Homelessness: Issues als is to hire direct care staff on a full-time in Residential Health Care Facilities, was basis, rather than requiring staff to begin released. Our report found part-time and eventually that mental health consum- become full-time. The Public ers and the elderly, who are Advocate and DMHS believe the two groups most repre- that this will increase the pool sented in Residential Health of people who wish to work Care Facilities (RHCFs), in state hospitals but who are tended to be satisfi ed with interested only in full-time their living conditions, if employment, such as recent they lived in places that were college graduates, who may well-maintained and well- have gone to community managed. We then created agencies instead of state hos- a list of those RHCFs which pitals. we found to be good places, based on inspections from the Department of Com- Undocumented Immigrants munity Aff airs and our own in State Psychiatric Hos- inspections and interviews, pitals and shared this list with the Oft en, the policy issues that Division of Mental Health we focus on come about as a Services, directors of state, direct result of the clients that county, and local hospitals, and other com- we represent or from consumers or fam- munity providers. ily members who seek our involvement on We further recommended that a “mod- specifi c issues. In meeting and represent- est increase in the state funding for these ing consumers at state hospitals, the Public homes combined with expanded support Advocate found some consumers who were and ‘wrap-around’ services for residents not clinically in need of hospitalization, and and technical assistance to providers, instead were on a status known as “CEPP”, would dramatically increase the quality for “conditional extension pending place- of these care homes and provide a viable ment.” By exploring the reasons that these transition out of public hospitals for many consumers remained hospitalized, we people.” Due to budget constraints, no found that about 55 of CEPP clients state- increased funding was made available to wide were actually undocumented immi- residential health care facilities. This and grants. We are currently working with the other market forces, resulted in the closure Division of Mental Health Services to make of some facilities in the last year. We are sure that there are policies in place which currently following up with RHCF provid- will, when possible, assist these consumers ers to fi nd out how these closures have in working with Immigration & Customs impacted housing choice for mental health Enforcement, being sponsored by a rela- 20 | PUBLIC ADVOCATE: A VOICE FOR THE PEOPLE

tive who is a citizen, or being repatriated to tory or a hospital’s policies and procedures their country of origin if that is their wish cannot aff ect discharge of a person who and it is appropriate. In 2009, DMHS has does not meet commitment standard and indicated a decline in the number of in- who can live with his family. dividuals in this status. DPA continues to monitor this issue. Individual Representation and Assistance The Public Advocate represents clients Appellate Work in civil commitment hearings in Atlantic, The Division of Mental Health & Guardian- Bergen (children only), Camden, Cape May, ship Advocacy remains active with regard Cumberland, Essex, Gloucester, Hudson, to Appellate work. Pursuant to an Appel- Hunterdon, Monmouth, Mercer, Ocean, late Court decision, the Division continues Salem Counties. The following table il- to provide appellate representation to all lustrates the number of cases that the Public indigent Sexual Violent Predators who Advocate was involved with in 2008. wish to appeal their commitment. By using pool att orneys and trial att orneys to write The Alternative Commitment Unit now has briefs and/or make oral arguments, we have 402 clients. This unit represents at trial and managed to process most of these appeals on appeal most of the people committ ed as in a timely manner. Additionally, test case Sexually Violent Predators in New Jersey. appellate briefs and arguments by mental The Public Advocate also works on guard- health commitment att orneys have been ianship cases, primarily for developmen- used to request Appellate Court direction tally disabled adults who the applicants for the trial courts in areas where the pro- maintain are unable to manage their own cedural or substantive rights of our clients aff airs. The Public Advocate represents the have not been clearly established. In this individual, to ensure that his or her rights area, we were generally successful in estab- are respected and that guardianship is lishing rights for the mental health clients. given only when necessary. During 2008, While several appeals await resolution and the Division of Mental Health & Guardian- others were unpublished, att orney Lorraine ship Advocacy opened 381 cases, of which Gormley succeeded in having a trial court 243 were closed. commitment reversed, and an instructive Another area in which the Public Advocate appellate decision published. In re T.J., is involved is in responding to complaints instructs the trial court on the importance regarding hospitals and community agen- of liberty for individuals who are not com- cies. While the Public Advocate usually mitt able under the New Jersey Statute and cannot off er individual representation in have a place to go. A patient’s criminal his- this area, we have been successful in resolv-

Cases Represented by the Division of Mental Health Advocacy and Guardianship NEWARK TRENTON GIBBSBORO TOTAL Offi ce Offi ce Offi ce Openings 5249 7060 6044 18,343 Closings 4979 6637 4527 16,143 g, Wins 3441 4334 2943 10,718 Losses 804 668 593 2,065 PERCENTAGE 81% 87% 83% 84% PUBLIC ADVOCATE: A VOICE FOR THE PEOPLE | 21 ing complaints against hospitals and com- The Department found that this publicly munity agencies. Additionally, in 2008, we traded company had instituted a new received more than 900 calls from individu- national policy in late 2006 to signifi cantly als seeking referrals or information about limit its participation in the Medicaid pro- mental health services. gram. We also found that, in New Jersey, this policy was implemented by refusing to accept the Medicaid reimbursement for Safeguarding the Elderly residents who had spent down their life savings and had become Medicaid eligible. We found that prior to our involvement, In 2008, the Department’s Division of Elder the company had forced these residents to Advocacy engaged in direct advocacy on move out. Once we began the investiga- behalf of senior citizens and also devel- tion, the Department worked closely with oped a wide range of recommendations for the NJ Department of Health and Senior reforms to the systems that serve the state’s Services (DHSS) to protect the safety of in- elderly population. dividual residents still living in the facilities as they became Medicaid-eligible. As part of the investigation, the Depart- Investigating Discharges from Assisted ment interviewed more than 110 residents, Living Facilities former residents and family members. In Throughout 2008, the Department inves- addition to on-going advocacy, we made tigated Assisted Living Concepts, Inc., recommendations to DHSS, issued a public which began discharging Medicaid-eligible report, and are participating as an amicus residents in 2007 contrary to the promises made to its clients. This agreement not to discharge Med- Locations of ALC’s New Jersey assisted living facilities icaid-eligible residents once they had spent down their private savings had also been included by the company in its original certifi cate of need application to the state, which had been approved as a pre- requisite to licensure. From this investigation, we found not only that the company had breached its promise to residents, but that the statutory and regulatory scheme protecting residents of New Jer- sey’s assisted living facilities needed to be strengthened to prevent similar wrong-doing by bad actors in the future.

Our investigation began in late 2007, when the Oﬃ ce of the Om- budsman for the Institutionalized Elderly informed us that certain residents of assisted living facilities were being involuntarily discharged aft er they had spent all of their savings and needed to enroll in the Medicaid program. 22 | PUBLIC ADVOCATE: A VOICE FOR THE PEOPLE

curiae in an appeal fi led by Assisted Living implementation of meaningful procedural Concepts, Inc. protections for residents facing discharge for reasons like non-payment. Finally, the Department found that assisted Assisted Living: Legislative and Regula- living providers, including Assisted Liv- tory Reforms ing Concepts, Inc. are frequently requiring The Department is also working toward adult children to sign guarantor agree- legislative and regulatory reforms that will ments on behalf of their parents. These bett er protect residents of assisted living agreements are prohibited in the nursing facilities. In the Department’s report on home context to the extent that signature is Assisted Living Concepts, Inc., we made a condition of admission and they become recommendations regarding policy changes void when a resident becomes Medicaid in several areas governing the assisted liv- eligible. We recommend that policy makers ing industry. create similar restrictions, or outlaw them First, we supported legislation introduced altogether, in the assisted living context. by Senator Jeff rey Van Drew that would mandate that all New Jersey assisted living facilities provide 10% of their licensed beds Medically Needy Waivers to residents who are Medicaid-eligible. The Depart- Under current law, only facilities licensed ment continued aft er September 1, 2001 must provide beds to research the to Medicaid-eligible residents. This legis- potential for lation would also mandate that residents New Jersey to who spend-down and are Medicaid-eligible get Medicaid cannot be discharged solely because of their support for Medicaid status. community services for those Our report also recommends the adoption individuals of DHSS regulations mandating a uniform who do not quite qualify for Medicaid but assisted living disclosure form. In 2008, the who would qualify if their signifi cant medi- Department continued to move forward cal expenses were excluded from their in- with the creation of uniform consumer dis- come. Currently, these individuals can only closure requirements for assisted living fa- qualify for Medicaid if they agree to enter cilities, allowing individuals to more easily a nursing home. The Department’s study compare facilities to determine which best examined ways to ensure these individuals meets their needs. Working collaboratively, could receive supportive services in their the Department and DHSS developed a own home or assisted living facilities so proposed disclosure form. If an implement- they do not need to enter a nursing home. ing regulation is adopted, assisted living The Department spoke with policy makers facilities would be required to give prospec- in states where this had been implemented, tive residents the form, which would give including Washington State, as well as consumers details about services, staffi ng, DHSS. In 2008, the federal government rates, discharge policies, Medicaid eligi- decided to re-examine the issue of making bility policies, and other conditions in the it easier for higher income seniors to access facility. The Department will continue to home and community based long-term care work with DHSS to complete the form. services upon spend-down. We are moni- In the course of our investigation of As- toring the federal eff orts. sisted Living Concepts, Inc. the Depart- ment determined that the current regulatory scheme for protecting assisted living Protecting the Elderly in residents from involuntary discharge in non-medical situations is inadequate. We Institutional Sett ings recommend that a working group be convened to look at this issue, and consider the PUBLIC ADVOCATE: A VOICE FOR THE PEOPLE | 23

The Public Advocate oversees the Offi ce Healthcare Center residents. To prevent fur- of the Ombudsman for Institutionalized ther traffi c deaths, DOT installed a new Do Elderly (OOIE), which investigates abuse, Not Cross Here sign, a new Use Cross Walk neglect and fi nancial exploitation of New sign and a Handicap Push butt on to delay Jersey residents who are 60 and older and the traffi c signal. who live in the 1,155 assisted living facilities, nursing homes, medical adult day care, residential health care facilities, boarding In 2008, the Elder Ombudsman responded homes, psychiatric hospitals and develop- to about 7,378 complaints or incidents mental centers located involving people over 60 living in nurs- BByy llaw,aw, aallll sstataff in New Jersey. ing homes or other long-term care facilities -- an increase of more than 600 cases wworkingorking wwithinithin By law, all staff work- compared to the previous year. The Om- a llong-termong-term ccareare ing within a long-term budsman both responds to complaints and ffacilityacility mmustust rreporteport care facility must report any suspicion of abuse, reviews “incident reports” that facilities aanyny ssuspicionuspicion ooff neglect and exploitation must produce for injuries or other incidents aabuse,buse, neglectneglect andand to the Elder Ombuds- that raise concerns. Sometimes complaints eexploitationxploitation ttoo tthehe can be resolved to the benefi t of the resident man’s offi ce. The offi ce “at the bedside” with the full cooperation EElderlder Ombuds-Ombuds- then investigates all al- of the facility operators. In other cases, like mman’san’s offi ce.ce. legations of such claims. Sixty-fi ve percent of cases of serious or system abuse and ne- the complaints received glect, referrals will be made to appropriate by OOIE were because of this mandatory enforcement agencies. reporting act. In addition, the Offi ce works In one case, reports of abuse and missing closely with social services, regulatory, medication ultimately led to the arrest of advocacy, policy-making, law enforcement, a licensed practical nurse (LPN) with 40 and other organizations – all with the goal separate allegations of elder abuse, theft of improving the lives of New Jersey residents needing long-term care.

During the summer of 2008, the Ombuds- man took a leadership role in educating seniors and nursing facility operators about the availability of federal stimulus payments for senior citizens. Elder Ombuds- man Debra Branch and Public Advocate Ronald K. Chen engaged in a public education eff ort to notify citizens who are elderly and/or disabled and who normally do not fi le a tax return that they might qualify for a stimulus as high as $300 per individual or of narcotics, and assault. Aft er being em- $600 for a couple. Thousands of lett ers were ployed by a Southern New Jersey nurs- sent to nursing facilities notifying them of ing home for only three months, several fi ling deadlines, and the issue received a patients had specifi cally requested not to signifi cant amount of coverage in the me- be placed under the nurse’s care. “In fact, dia. As a result of these eff orts, the Depart- when a resident had asked for medica- ment fi elded hundreds of calls from seniors tion and did not receive it, he said he was interested in applying for the stimulus pinched. There was also another incident funds. where a family member observed the nurse In addition, OOIE successfully advocated pushing a resident into the closet,” an OOIE with the state Department of Transportation investigator recalled. (DOT) to enhance the safety of pedestrian Aft er careful scrutiny, the investigator was crossings for Dover Woods Residential able to link the nurse to similar incidents at 24 | PUBLIC ADVOCATE: A VOICE FOR THE PEOPLE

several facilities in two diff erent counties, gated by the Ombudsman. In 2007, OOIE where she worked under a diff erent alias. investigated and referred more than 50 Examination of the complaints revealed a cases of fi nancial exploitation to the Depart- patt ern of abuse consistent with the nurse’s ment of the Att orney General’s Medicaid working hours. OOIE’s two-month investi- Fraud Unit for further investigation and gation eventually laid the groundwork for prosecution. the Salem County Prosecutor’s Offi ce and While the appointment of power of at- led to the LPN’s arrest in June 2008. torney authorizes the appointed person to manage the person’s fi nancial aff airs, including signing checks and making depos- Protecting Older Adults From Exploitation its, paying bills, obtaining medical services Financial exploitation of elderly people is and selling property, these decisions must a growing segment of the concerns investi- be made in the best interest of the person. The Ombudsman responded to a growing number of cases in which the individual The Residents’ Bill of Rights had executed a power of att orney, but it was improperly utilized by either a family The Nursing Home Reform Act estab- member or the nursing facility. lished the following rights for nursing In early spring 2008, an investigation by the Ombudsman’s Offi ce led to the arrest and home residents: indictment of a man charged with stealing more than $100,000 from his mother. The • The right to freedom from abuse, investigation indicated that the son, as his mistreatment, and neglect; mother’s power of att orney, allegedly wrote himself checks and made several withdraw- • The right to freedom from physical als from her bank account. At one point, he restraints; allegedly att empted to switch his mother’s account to his name. • The right to privacy; The Ombudsman’s Offi ce fi rst learned • The right to accommodation of about the matt er through Adult Protec- medical, physical, psychological, tive Services under the NJ Department of Health and Senior Services in late 2007. and social needs; Once the mother moved into a long-term care facility, the investigation went under • The right to participate in resident the jurisdiction of the Ombudsman’s of- and family groups; fi ce. OOIE’s thorough examination of the fi nancial records helped the Ocean County • The right to be treated with dignity; Prosecutor’s Offi ce pursue this investiga- • The right to exercise self-determina- tion further and ultimately led to the arrest of the Toms River resident. tion; In response to a growing number of cases • The right to communicate freely; like this, the Department successfully developed and delivered Durable Power of • The right to participate in the review Att orney training to almost a dozen facili- of one’s care plan, and to be fully in- ties, community organizations and att orney bar associations, educating individuals formed in advance about any chang- about appropriate usage of a power of at- es in care, treatment, or change of torney, and how individuals can ensure that status in the facility; and they maintain decision-making authority over their own lives. • The right to voice grievances with- The Department also provided consumer out discrimination or reprisal. education materials about the use of a power of att orney on its web site. PUBLIC ADVOCATE: A VOICE FOR THE PEOPLE | 25

Breakdown of abuse, gross neglect, and exploitation complaints

ResidentͲtoͲ resident physicalor sexualabuse GrossNeglect 11% 7% Abuse,GrossNeglect,Exploitation Total Physical 473 Financial Physical Exploitation 42% Sexual 57 8% Verbal/mental 310 FinancialExploitation 86 GrossNeglect 81 ResidentͲtoͲresidentphysicalorsexual Verbal/mental abuse 119 27%

Sexual 5%

Complaints Regarding Admission, Transfer, Discharge, Eviction 2007-2008

2008 2007

350 300 250 200 150 100 50 0 Admission AppealProcessͲ BedholdͲ written Discharge/ Discriminationin Discriminationin Room contract/ absent,not notice,refusalto evictionͲ admissiondueto admissiondueto assignment/ procedure followed admit planning,notice, condition, Medicaidstatus change procedure disability

As a result of the Department’s investigation into Assisted Living Concepts, Inc., a national assisted living facility corporation, discharge and/or eviction complaints signiﬁ cantly increased from 186 in 2007 to 287 in 2008. 26 | PUBLIC ADVOCATE: A VOICE FOR THE PEOPLE

committ ees, with fi nancial and technical help from the Robert Wood Johnson Biomedical Ethics Foundation and Cooper Hospital Univer- Families can face diffi cult decisions when sity Medical Center. These committ ees can their loved ones grow older and experience conduct a more thorough investigation of a failing health. Sometimes, they may have particular situation, as well as off er recom- to decide whether to provide life support, mendations to the decision-maker. Facili- such as a ventilator or feeding tube, to keep ties are encouraged to tap this resource a loved one alive. Or, they may have to when confronted with end-of-life issues or decide whether to remove life support, if even day-to-day ethical issues that oft en it becomes apparent that the likelihood for arise. recovery is slim. Family members may even With the assistance of a grant from the disagree over the best course of action. Healthcare Foundation of New Jersey, and also in cooperation with a nationally-recognized palliative care team from Cooper As the overseer of end-of-life decision mak- Hospital University Medical Center, the ing in long-term care facilities, the Offi ce Ombudsman has also coordinated training for facility staff in the provision of palliative care to assist those at the end of their lives to spend their fi nal days in dignity and comfort.

Volunteer Advocacy Program The Offi ce’s Volunteer Advocacy Program, fi rst piloted in 1993, continues to thrive. The important work of the Elder Ombudsman is greatly augmented by teams of highly motivated and devoted volunteers throughout the state who visit nursing facilities near their homes a minimum of four hours each week. These dedicated volunteers visit of the Ombudsman for the Institutional- their facilities during diff erent shift s and ized Elderly helps inform people who are also make unannounced visits. They speak making these diffi cult decisions. Fourteen to the staff and observe how residents are statewide regional long-term care ethics treated. They observe the quality of services committ ees are now operating throughout provided by the nursing home staff , such as the state. These committ ees serve as the how well residents are groomed and if their only statewide network of regional long- personal needs are being met. They ad- term care ethics committ ees anywhere in dress such issues as living conditions, daily the country. The Ombudsman’s role is to activities, and quality of care. be a source of impartial information and The Offi ce has trained more than 905 volun- to make recommendations on a particular teers, of whom 166 are currently active, and course of action. placed in 159 facilities throughout the State. The Ombudsman also encourages long- New Jersey has a very dedicated and car- term care facilities to call upon the expertise ing corps of volunteers. Far too oft en, these of Regional Ethics Committ ees. Nursing volunteers are the only visitors a resident homes and other providers of long-term may have. Good quality care should not care can tap this resource when confronted depend upon whether the resident has a with issues of biomedical ethics, or merely family member who advocates eff ectively the day-to-day ethical issues that arise ev- on their behalf. Having an advocate to erywhere. speak for all the residents, regardless of whether their families are nearby or wheth- The Ombudsman worked to develop these PUBLIC ADVOCATE: A VOICE FOR THE PEOPLE | 27 er they have any family at all, is the best panionship for elderly residents. way to ensure residents receive good care. Herman-Sauer says it is not much diff erent from her past jobs as teacher, counselor, and guidance supervisor for grades K-12. “I al- Meet Our Elder Volunteer Advocates ways did advocacy work for my students,” The success of the Volunteer Advocate Program she said. She says it just comes naturally for is predicated on the dedication and devotion of her to encourage people. citizens in New Jersey who willingly give back Ann says the most powerful tool for the to their communities, and their ability to eff ec- Volunteer Advocates is the assurance that tively resolve issues on behalf of the population “we have the state behind us.” Any suspect- we serve. Volunteers must complete a 32 hour ed cases of abuse or neglect are reported training program to become a certifi ed Ombuds- directly to the NJ Offi ce of the Ombudsman man Advocate. for the Institutionalized Elderly. If you are interested in becoming a volunteer advocate, please contact Joann Cancel at 609- 943-4022 or via email at joann.cancel@advocate. “A billion dollars worth of memories” state.nj.us. John Gonyo Roosevelt Care Center, Edison, NJ “We have the state behind us” Fords resident John Gonyo has always Ann Herman-Sauer enjoyed volunteering. For him, it is a desire Lakewood of Voorhees Nursing Home, from within to help others. Voorhees, NJ His wife jokingly says “If he added all the Aft er a career of working with children, Haddonfi eld resident Ann Herman-Sauer has spent her retirement advocating for a much older crowd. As a Volunteer Advocate for the New Jersey

hours of his volunteer work, he would be a millionaire.” Gonyo responds, that he “has a billion dollars worth of memories.” It is because of these memories that Gonyo Ombudsman for the Institutionalized Elder- is so dedicated to serving the residents of ly, she spends several hours a week at the the Roosevelt Care Center in Edison, NJ. Lakewood of Voorhees Nursing Home in Volunteer Advocates visit elder residents Voorhees, empowering residents and ensur- regularly and keep an eye on quality of care ing the best quality care. issues, resolve problems and provide com- panionship for elderly residents. As a Volunteer Advocate, Herman-Sauer acts on behalf of the Elder Ombudsman. Gonyo visits the facility several hours a Volunteer Advocates visit older residents week, responding to the needs of all six regularly and keep an eye on quality of care ﬂ oors of residents. He knows almost all of issues, resolve problems and provide com- them. 28 | PUBLIC ADVOCATE: A VOICE FOR THE PEOPLE

Gonyo fi rst learned about the advocate She starts her time by walking around and program through AARP, and decided to seeing as many people as she can, address- get involved; as a senior citizen himself, he ing immediate needs, such as a resident wanted to learn and be active in advocating wanting a glass of water or a bed-bound for nursing home residents. resident who just needs to be turned over. As Gonyo walks through the residence One woman ran out of soap and didn’t have halls, the benefi ts of his visits are obvious. any towels or powder, so Camp went and The staff clearly respects him and works got them for her. hard to make sure the center is in tip-top shape, which makes Gonyo’s job easier, he noted. As he looks into the bedrooms of the residents checking to see if they are comfortable and happy, their faces light up; he has a joke and a smile for all of them. Through his jovial approach with the residents, he has been able to gain their trust and feel comfortable, so that airing any complaints and problems won’t come with apprehension. The residents know they can rely on him to quickly address and resolve “She was so grateful,” she said. “I tell them small issues. we’re a team. You have to tell me what you If the residents have no complaints, Gonyo need and I help fi nd it for you.” provides them company. Some of them Another woman wanted a garden like the have no visitors, but they all know they one she used to have at home, so Camp have Gonyo to talk to. bought plants: rhododendrons, pansies, all For him the satisfaction of volunteering sorts of colorful fl owers to plant in the area comes from knowing he helped someone in outside. She even got a group of silk fl ow- need. Gonyo noted that it is all worthwhile ers to hang off the gazebo in the center so for him if in a days work he can help just the residents would always have fl owers. one person, making their life bett er. She says the garden “brightens up their faces,” and people have even added to the garden, bringing pots of tomatoes outside. “In the presence of angels” She helps with the upkeep too, taking plants home to water if they look in bad Bonnie Camp shape -- all this to keep the residents smil- Lincoln Specialty Care, Vineland, NJ ing. For Camp, it’s the litt le things that make a diff erence: giving a pat on the shoulder Being a Volunteer Advocate for the New to a resident as she walks by, gett ing on Jersey Ombudsman for the Institutionalized eye level with a resident to talk, and hold- Elderly started out as a part of her social ing a resident’s hand as the person recalls policy class at Richard Stockton College, a traumatic incident. Despite her full-time but it turned out to be a much more mean- job and full-time school schedule, she fi nds ingful experience for Vineland resident time to be there for the residents. She says Bonnie Camp. it is worth it because of what the residents “[The residents] have no idea what they do give to her. for me,” she said. “They really touch my life; I feel like I am in the presence of angels “They make me feel like a million bucks.” being here.” | 29

5 Advancing Good Public Policy

Safeguarding Voting Rights eff orts to register voters, to remove impedi- ments to participation at the polls, and to count ballots as accurately and completely The Public Advocate’s Voting Rights Project as possible. seeks to protect the fundamental right to vote belonging to every U.S. citizen. Our project has three overarching goals. We aim Ensuring full registration of eligible voters to ensure: fi rst, that The National Voter every eligible person Registration Act is registered to vote; (NVRA) is a 1995 second, that every federal law that re- registered voter can quires motor vehicle cast a ballot; and agencies to off er third, that all ballots customers a mean- cast are accurately ingful opportunity and fairly counted. to register to vote when they come to a motor vehicle In the historic 2008 agency to obtain presidential elec- or renew a driver’s tion, approximately license or nondriver sixty-six percent of ID card. The NVRA New Jersey’s eligible also requires that voters cast a ballot. all address changes While this is slightly submitt ed to and above the national average, much work accepted by the Motor Vehicle Commission remains to be done to improve the voter (MVC) for driving purposes be forwarded participation rate. to election offi cials for a change of address in the statewide voter registration system. In addition, as we demonstrated in an Octo- ber 2008 report, Close Elections in New Jersey, In March 2008, the Public Advocate, the local and county elections that are decided MVC, and the Att orney General signed a by a less than one percent margin are rela- memorandum of understanding (MOU) tively common in the Garden State and to bring the State into compliance with the underscore the need for all eligible citizens NVRA. The initial reports from MVC are fa- to cast their votes at every election. The fre- vorable, showing that between March 2008 quency of close elections also reinforces the and March 2009, MVC registered 119,866 need for election offi cials to intensify their voters, more than doubling the pace of reg- 30 | PUBLIC ADVOCATE: A VOICE FOR THE PEOPLE

istrations from the 2004-06 reporting cycle. In addition, we have partnered with other In addition, MVC also transmitt ed 142,983 agencies to help ex-off enders who have address changes to election offi cials in that completed a sentence restore their right to same time period, giving these licensees vote. According to state law, an individual the benefi t of updating both their driver’s may not vote in New Jersey while serving a license and voting addresses in a single sentence (jail, prison, probation, and parole) transaction. We expect the pace of registra- as a result of a conviction for an indictable tions and address changes to pick up as off ense. However, when a person com- the training and monitoring protocols also pletes a criminal sentence and is otherwise negotiated in the MOU continue to come qualifi ed to vote, he or she regains the right into eff ect. to register and vote. With the assistance of the Administra- tive Offi ce of As a further result of the MOU, the Divi- the Courts, sion of Elections completed a mailing in we developed September 2008 to approximately 821,000 of and circulated the approximately 2.1 million MVC custom- informational ers who could not be identifi ed on the voter material about registration rolls, resulting in abundant how such in- new registrations in the November 2008 dividuals can election. In addition, MVC has updated its restore their systems to comply with the NVRA by off er- right to vote. ing voters the choice to update their vot- Thousands of people re-entering society as ing address of record simultaneously with they complete their sentences have received an update of MVC’s records. We continue these fl yers, and they were also made avail- to monitor compliance with the NVRA’s able at recent public hearings on reentry requirements that (1) address changes pro- issues conducted by Assembly Majority cessed by MVC result in an automatic up- Leader Bonnie Watson Coleman. date of voter registration records; (2) voters are not arbitrarily purged from the voting rolls; and (3) government offi ces that pro- Ensuring all eligible voters can cast ballots vide social services or assistance to people Continuing our Election Day voter assis- with disabilities off er a simultaneous voter tance project that we began in November registration opportunity. 2006, the Department activated all available att orneys for Election Day duty during the November 2008 general election. We sent We have also encouraged compliance with fi ft y-fi ve att orneys and other staff to thir- our State’s 1985 law mandating the distri- teen county courthouses to represent voters bution of voter registration materials to there, and twelve att orneys and staff were public and private high school students on hand at DPA headquarters. who are eligible to vote, along with instruc- tional material about citizenship and the importance of voting. Working with the During Election Day, our att orneys ap- Department of Education, educators, and peared in approximately 508 cases, either advocacy groups, we researched, prepared directly on behalf of a prospective voter and disseminated to public school superin- or as an amicus curiae (friend of the court) tendents and other interested groups a fact supporting the right to vote. Prospective sheet about the law and our recommenda- voters prevailed in approximately 439 of tions for its implementation. We also par- those cases (an eighty-six percent success ticipated in promoting legislation (A2752/ rate). S2541) that fi ne-tunes this requirement. The primary sponsors of the legislation are Senators Ronald Rice and Dana Redd in The Department continues to study and the Senate, and Assemblymembers Ralph monitor ways in which government offi cials Caputo, Valerie Vainieri Hutt le and Doug- distribute accurate and timely voter educa- las Fisher in the Assembly. PUBLIC ADVOCATE: A VOICE FOR THE PEOPLE | 31 tion materials. State law requires a variety sible to voters with disabilities. During the of methods for conveying voter informa- June 2008 election, the Public Advocate and tion, including accurate and helpful internet the Secretary of State personally visited fi ve sites, informative sample ballots, and news- polling places around the State to assess paper advertisements with legally required their compliance with the accessibility laws. content about voting procedures. In the They noted progress in accessibility com- weeks and months leading up to the 2008 pliance at each of the sites, although some general election, we off ered suggestions needed additional improvements to fully to election offi cials about how to improve accommodate voters with disabilities. We their communications with voters, and we will continue to collaborate with the Divi- will continue to do so. sion of Elections to ensure that county elections boards meet their obligations to voters with disabilities. The Public Advocate is fi ghting a state policy that restricts civil rights groups who assist voters at the polls on Election Day. A We also support a variety of legislative re- 2007 “directive” by the Att orney General forms including (1) A1930/S2214, sponsored bars nonpartisan civil rights groups from by Assemblymember Gusciora and Sena- assisting prospective voters within 100 feet tor Turner, which requires educating poll of the entrance to the polling place build- workers about the rights of people with dis- ing on Election Day. Groups that wish to abilities; (2) proposed legislation to codify engage in “exit-polling” those who have the amendment that voters approved in just voted are allowed within the 100-foot 2007 removing off ensive language from the zone, but must Constitution about voters with disabilities; register at least and (3) a bill containing a variety of amend- two weeks in ments to the state election law to improve advance with how citizens with disabilities are treated the appropri- during the voting process. ate county election board. As a friend of In July 2008, Department staff conducted the court, the a seminar with the New Jersey Council Public Advocate argues that the directive for Developmental Disabilities’ Partners is an unconstitutional restriction of free in Progress program about voting rights. speech. In addition, the Department argues Later that month, the Department’s Divi- that a “directive” like this one, which aff ects sion of Public Interest Advocacy and Divi- a broad swath of people in their exercise of sion of Elder Advocacy cooperated with the a fundamental constitutional right, must be U.S. Governmental Accountability Offi ce publicized and vett ed through the formal in its eff orts to compile information about rulemaking process. Last August, the Ap- voting opportunities for elderly voters and pellate Division of Superior Court upheld those living in long-term care facilities. the directive, but the New Jersey Supreme Court agreed to hear an appeal. The De- partment participated in arguments before Lastly, the Department continues to ensure the Supreme Court in February 2009. that the State’s diverse population is appropriately accommodated in the scheduling of elections; we cooperated with the gover- Following up on earlier work in 2007 to nor’s offi ce to formulate a responsible solu- promote the voting rights of people with tion about how election days are scheduled, disabilities, the Department presented so they do not confl ict with important reli- the Secretary of State in early 2008 with a gious holidays. Governor Corzine signed 13-point plan to improve compliance with the bill (A3186/S2199) on January 12, 2009. federal and state laws requiring that all polling places and voting systems be acces- 32 | PUBLIC ADVOCATE: A VOICE FOR THE PEOPLE

Ensuring all ballots are fully and fairly absentee voters, it has yet to be fully imple- counted mented. The Department will continue to The Department remains committ ed to monitor the situation to ensure this law is ensuring that whatever technology the state promptly applied. and counties use for elections has been thoroughly tested, in a manner that simu- lates Election Day conditions, to ensure Promoting Aff ordable Housing compliance with State law requiring voting machines to be reliable, accurate, and able Following its work in 2007 to ensure that to secure voter privacy. This work included the Third Round COAH rules more ac- extensive testimony before the State’s Vot- curately refl ected the need for aff ordable ing Machine Examination Committ ee in housing, the Department focused its eff orts June 2008. in 2008 on supporting landmark legislation (A500) sponsored by Assembly Speaker Joseph Roberts and Majority Leader Bonnie Watson Coleman. This legislation amended the Fair Housing Act, among other laws, to eliminate constitutionally suspect mechanisms for creating aff ordable housing and to devise new and bett er ones.

The Public Advocate testifi ed in support of the bill and worked with legislative leadership, the Governor’s Offi ce, and DCA to ensure vital reforms. In particular, the Department focused on the importance of a set-aside for housing aff ordable to very low TThehe Department presented the Secretary of State in income families, those earning 30% of the early 2008 with a 13-point plan to improve compliance median income or less with federal and state laws requiring that all polling (roughly $19,000 annu- AAss eenacted,nacted, AA500500 places and voti ng systems be accessible to voters with ally). Our prior study iincludesncludes a pprovisionrovision disabiliti es. with disabilities. of the issue had shown eensuringnsuring tthathat tthir-hir- that, in the absence of a tteeneen ppercentercent ooff aaf-f- set-aside for the low- In addition, we are completing a review of est income families, ffordableordable hhousingousing wwillill the contracts between the counties and vot- aff ordable housing bbee ppricedriced ttoo mmakeake ing machine vendors to ensure that these tends to cluster around iitt aaccessibleccessible ttoo tthehe contracts adequately protect the interests the moderate income nneediesteediest ffamilies.amilies. of voters and taxpayers. We are also pre- range and not to reach paring a model contract for future use that those who most need controls costs, enhances counties’ warranty help. As enacted, A500 includes a provision rights if machines malfunction, increases ensuring that thirteen percent of aff ordable transparency, and does a fairer job of outlin- housing will be priced to make it accessible ing the rights and responsibilities of voting to the neediest families. system manufacturers and government offi cials. A memorandum describing the contract review and model contract will be We advocated as well for a provision to re- forthcoming. quire the replacement of aff ordable housing The Department continues to support the that would otherwise be lost to redevelop- recent law that requires automatic auditing ment. For the fi rst time, A500 imposes on of paper election records. Although this municipalities the obligation to incorporate law was signed in January 2008 and applies into their redevelopment plans a provision to all paper ballots, including those cast by for the one-for-one replacement of housing PUBLIC ADVOCATE: A VOICE FOR THE PEOPLE | 33 that is “subject to aff ordability controls.” to rule on the petition and deferring to the New Jersey courts’ exclusive jurisdiction to decide constitiutional issues. The Public Advocate also supported the creation of alternative funding mechanisms and the abolition of Regional Contribu- tion Agreements, or RCAs. RCAs allowed Helping Communities Protect Their towns to avoid meeting up to half of their Hospitals constitutional aff ordable housing obligation by paying other towns to create aff ordable housing. A500 created other sources With hospitals facing increasingly uncertain of funds to assist municipalities that have a fi nancial times, the Public Advocate has disproportionate share of aff ordable hous- sought to ensure that the communities that ing, while also enforcing the important depend on those hospitals are meaningfully principle that a municipality should not be engaged in the decision about whether or allowed to buy its way out of providing its not a hospital closes. fair share of housing for low- and moderate-income families. Muhlenberg Regional Medical Center (Muhlenberg Hospital) was a vital part of the Plainfi eld community. In the months before the hospital closed, the community actively worked to keep it open and ap- proached the Public Advocate for support. Without taking a position on the ultimate questions whether or how the hospital might be saved, the Public Advocate worked to amplify the voice of the community and to ensure that the process permit- ted its full and meaningful participation.

To achieve this goal, the Public Advocate met with representatives of the community Having supported A500 and applauded the and the Commissioner of the Department more robust requirements of the rewritt en of Health and Senior Services (DHSS) and Third Round COAH Rules, we proceeded her staff . In addition, we testifi ed before the to help defend these advances from att ack. State Health Planning Board. The DHSS The Township of Medford fi led a complaint Commissioner was receptive to the con- before the Council on Local Mandates cerns we raised and worked to create more arguing that the aff ordable housing guar- meaningful oppor- antees of the new law and rules impermis- tunities for commu- sibly impose unfunded state mandates on nity engagement, the municipalities. The Public Advocate among other things participated in the case as a friend of the by providing more tribunal. Our brief fi led in February 2009 time for the com- argued that neither the COAH rules nor munity to respond A500 imposed a “mandate,” unfunded to Muhlenberg or otherwise, because participation in the Hospital’s request COAH process is voluntary on the part of to close. While a municipality. We argued further that the there is no question rules and statute at issue were exempt from that the community Council action because they implement lost an important provisions of the New Jersey Constitution. institution when On March 18, 2009, the Council expressed Muhlenberg shut its agreement on the latt er point, declining 34 | PUBLIC ADVOCATE: A VOICE FOR THE PEOPLE

its doors, the fi nal decision of the DHSS Ensuring Public Access to Public Commissioner included a more detailed analysis of the closure than had been re- Land leased in the past. Moreover, DHSS insisted To help educate the public about beach that certain vital services, including a satel- access, the Department published its third lite emergency department and a dialysis guide to New Jersey’s beaches in the sum- unit, remain in Plainfi eld. In this economic mer of 2008, providing information on climate, when the State will have to make public and private beaches and their fees, diffi cult decisions, such increased transpar- restrooms, parking, access for persons with ency and responsiveness are critical. disabilities, and more. PUBLIC ADVOCATE: A VOICE FOR THE PEOPLE | 35

6 Fostering More Responsive Government

The Public Advocate’s Division of Citizen ment agency, they have an ally on their side Relations consists of three distinct oﬃ ces to help them cut through the red tape. that each serve the public in a unique way.

The Offi ce of Citizen Rela- 1. The Offi ce of Citizen tions assists those who need Relations (OCR) serves help solving problems with as the state’s ombuds- government agencies, and man in resolving prob- who are having trouble be- lems citizens have when ing heard. Some complaints interacting with state are best handled by a simple government agencies. telephone call to the appro- 2. The Offi ce of Dispute priate agency. Other com- Sett lement (ODS) pro- plaints are serious enough to vides a broad range of warrant a full investigation. neutral dispute reso- In either case, OCR’s Advo- lution services to the cate Representatives make courts, public and pri- sure that when it is appro- vate sectors to minimize priate, government renders and resolve confl ict. prompt justice against itself. 3. The Corrections Om- budsman addresses the In 2008, OCR received a total issues and concerns of of 3,124 complaints from the the state’s inmate popu- public -a nearly 50 percent lation. increase from the year before (2,048 in 2007). Each of these offi ces is dedicated to solving The Offi ce also conducted outreach to raise problems and resolving confl ict whenever awareness of OCR’s role in state govern- possible. ment. Staff have personally met with all legislators and/or their staff for the purposes of advising them about how the Offi ce can ef- fectively assist them in helping their constit- Helping Citizens Navigate uents. In addition, OCR staff att end various Government Agencies conventions and participate in numerous community initiatives and symposiums in In New Jersey, when residents bring con- conjunction with local government agencies cerns, questions and complaints to a govern- as well as with legislators. Finally, in order 36 | PUBLIC ADVOCATE: A VOICE FOR THE PEOPLE

to facilitate a prompt and effi cient response Case Studies: to citizens regarding their complaints/concerns, we have worked to establish a liaison The Check is in the Mail… with every state agency. It was late January of 2008 when J.K. contacted the Offi ce of Citizen Relations, asking for assistance in obtaining her 2006 hom- The Offi ce handles a broad array of re- eowner rebate check. J.K.’s husband passed quests ranging from helping track down away that year and because the rebate was tax rebates to keeping people from being in her late husband’s name, she still had not evicted from their homes. received the check. Despite contacting the appropriate of- Specifi cally, the fi ce and sending all Offi ce of Citizen the necessary forms, Relations gives the the Cherry Hill public a way to: resident had yet to receive a response. • Express their dissatisfaction An OCR Advocate with a decision, Representative inaction or policy vestigated the issue of a govern- by contacting the ment agency; Division of Taxation • Seek informa- and reviewing all tion about a relevant documenta- government tion. In March 2008, agency and/or J.K. fi nally received program; her check. • Report bureaucratic delays, inadequate or confusing responses to citizen inqui- The Case of the Lost Tax Payment ries; and In April 2008, J.G. fi led his taxes and paid in • Express concerns about the full the amount he owed to the manner in which an agency NJ Division of Taxation. addresses a problem or treats a citizen. Yet eight months later, he was still receiving notices of non- payment from Taxation. Fur- In addition, the Offi ce of Citizen thermore, Taxation stated that Relations can help identify areas the lack of payment resulted in in government where improve- over $170.00 in penalties, fees ments are needed. By soliciting and interest. citizen complaints directly from OCR contacted Taxation on the public, the Offi ce of Citizen J.G.’s behalf and learned that Relations is able to identify ar- the check was inadvertently eas in need of systemic reform. forwarded to the IRS. OCR’s Advocate Rep- If necessary, the Offi ce of Citizen Relations resentative contacted the IRS and worked is also empowered to hold public hearings with them to have the check refunded back and to refer matt ers to the Public Advocate to the State of New Jersey. At OCR’s re- for further action. quest, the NJ Taxation Liaison Unit waived all penalty, interest and fees. Within three weeks, J.G. received a notice from taxation advising him that his debt had been liqui- dated. PUBLIC ADVOCATE: A VOICE FOR THE PEOPLE | 37

Evicted Without Cause A Look at the Numbers S.K., 78 years-old, has lived in the James Since the inception of the Offi ce of Citizen Baxter Building in Newark for the last 27 Relations in November of 2006, the Offi ce years in public housing. In July 2008, K.S. has received and processed 5,419 com- contacted the offi ce in distress when she plaints regarding New Jersey state and lo- learned she was going to be evicted for cal government agencies, as well as, private non-payment of rent. complaints. In 2008, the Public Advocate S.K. had been paying her rent by money fi elded 3,124 complaints and requests for order and mailing it to the same address assistance. In the previous year, the Public for many years. S.K. did not have proof the Advocate processed 2,048 complaints. Housing Authority cashed her rent checks Along with calls regarding utility issues, and the bank and/or post offi ce were un- elder advocacy, and property rights, other able to provide the cancelled money order. signifi cant issues during 2008 include cases Upon S.K.’s call to OCR, an Advocate involving the Division of Taxation, the Mo- Representative investigated the matt er and tor Vehicle Commission, DYFS, and the De- found that the Housing Authority never partment of Labor. Most notably, Depart- notifi ed S.K. that they changed the address ment of Labor complaints, mainly related for payments by mail. The OCR Represen- to unemployment, made up 23 percent of tative researched and was able to secure the the Offi ce’s entire caseload. Concerns re- previous rent payments which the Housing garding the Division of Taxation jumped to Authority immediately applied to S.K.’s 28 percent from 16 percent in 2007. The Of- account. fi ce also saw a decrease in eminent domain complaints, from 22 percent in 2007 to 3 If not for the eff orts of OCR, S.K. could percent in 2008. have been homeless.

Just Trying to Keep the Family To- gether Recently out of work due to an injury Department of the Public Advocate and without a steady income, G.J. was Office of Citizen Relations struggling to support her three grand- DISPOSITION OF COMPLAINTS children, who were in her custody 2008 through NJ Division of Youth and Fam- ily Services (DYFS). In an eﬀ ort to take 1% 2% care of herself and her family, G.J. was 11% on the verge of depleting her savings. 16% G.J. contacted DYFS for any assistance they could provide. Unfortunately, due to placement protocols, DYFS represen- 21% tatives informed G.J. that they could not provide any additional assistance. Upon G.J.’s call to OCR for help, an OCR Advocate Representative contact- 49% ed KINSHIP Navigator on her behalf and assisted her over the phone to ﬁ ll out an application and expedite G.J.’s Referrals matt er. Within a few weeks, G.J. was Resolved with Informal Assistance Investigated and Resolved approved for various services includ- Investigated and Pending ing funding for the children’s care as Complaint resolved or withdrawn during investigation well as clothing allowances. G.J. was Not within jurisdiction/Decline to investigate extremely excited and relieved with the assistance OCR was able to provide. 38 | PUBLIC ADVOCATE: A VOICE FOR THE PEOPLE

2007-2008 Complaint Comparison

20 Complaints f 15 o

10 Percentage 5

0 Labor/ Dept.of Dept.of Div.of Div.of BPU/Rate MotorVehicle Dept.of Dept.ofEnvtl Homeowner Elder Eminent Div.ofDev. Unemploymen Human Community MentalHealth Consumer DeptofEd. Other Taxation Counsel Comm. Corrections Protection Assn. Advocacy Domain Disabilities t Services Affairs Affairs 2008 282388544123322214 2007 1601449792412213017 In 2008, the Public Advocate ﬁ elded 3,124 complaints and requests for assistance. In the previous year, the Public Advocate processed 2,048 complaints.

Department of the Public Advocate Office of Citizen Relations REQUESTRequests FOR For ASSISTANCE Assistance 2008

Phone

20% Web/E-mail

4% 51% Fax 24%

Mail

Walk-in

The majority of OCR’s requests for assistance are via telephone or through email. In 2008, the Offi ce also conducted outreach to raise awareness of OCR’s role in state government. Staff have personally met with all legislators and/or their staff for the purposes of advising them about how the Offi ce can eff ecti vely assist them in helping their consti tuents. In additi on, OCR staff att end various conventi ons and parti cipate in numerous community initi ati ves and symposiums in conjuncti on with local government agencies as well as with legislators. PUBLIC ADVOCATE: A VOICE FOR THE PEOPLE | 39

Resolving Disputes Without Statewide Foreclosure Mediation Program In 2008 ODS assisted in designing a cutt ing- Litigation edge foreclosure mediation program that will give thousands of NJ residents the op- OODSDS aassistedssisted iinn dde-e- Established in 1974, the Offi ce of Dispute portunity to directly Sett lement (ODS) began as a small commu- ssigningigning a ccuutt ing-edgeing-edge negotiate with their fforeclosureoreclosure mediationmediation nity mediation program and has evolved lenders in an eff ort to into one of the leading public dispute reso- keep their homes. This pprogramrogram tthathat wwillill ggiveive lution offi ces in the country. ODS saves the program, if success- tthousandshousands ofof NNJJ rresi-esi- state and private parties millions of dollars ful, may well become ddentsents thethe opportunityopportunity every year by resolving disputes quickly a model for the rest of ttoo ddirectlyirectly nnegotiateegotiate and effi ciently. the nation to follow in wwithith ttheirheir lenderslenders inin The Offi ce of Dispute Sett lement provides dealing with the mort- aann eff ortort toto kkeepeep theirtheir gage crises facing the neutral mediation services to resolve a wide hhomes.omes. variety of disputes. The offi ce mediates all country. types of public disputes and civil litigation in the state and federal courts; trains judges, att orneys and state agency personnel in negotiation, mediation and sett lement techniques; coordinates and promotes the use of dispute resolution in state government and mediates cases for federal government dispute resolution programs.

Offi ce Of Dispute Sett lement Type of Case # Cases Court Mediation 72 Pre-litigation 5 Home Warranty 375 Working in conjunction with a number of Open Public Records 90 other state agencies and the state courts, ODS helped design a statewide foreclosure Underground Facilities 166 mediation program. Under this program, Federal Mediation 9 any homeowner who receives a foreclosure notice through the state courts has the right Total Cases 717 to request that a mediator sit down with the Judges, att orneys and homeowner and the lender in an att empt state agency personnel to work out a mutually agreeable sett le- trained: 270 ment of the dispute. With approximately 60,000 foreclosure cases expected to be fi led in New Jersey in 2009 it is anticipated that this mediation program will handle approximately 16,000 cases and will poten- In 2008 ODS handled 717 cases and trained tially allow thousands of people to keep 270 people. ODS’ services have saved mil- their homes who might otherwise lose their lions of dollars in litigation costs, hundreds residences. of hours of judicial time and helped the As part of this mediation program, which courts relieve their civil case backlog. ODS was offi cially launched by the Governor in is a recipient of the CPR Legal Program January 2009, ODS trained over 700 court National Award for “Outstanding Practical mediators. In addition, ODS will be medi- Achievement in Dispute Resolution” for its ating these cases for the courts and assisting mediation of high-profi le court cases. in the implementation of this critical initiative. 40 | PUBLIC ADVOCATE: A VOICE FOR THE PEOPLE

Court Mediation Government Records Council, the Offi ce of Dispute Sett lement mediates disputes In 2008, the offi ce mediated 72 cases that arising under the NJ Open Public Records were pending in the state and federal courts Act (OPRA). ODS staff mediate between in New Jersey. These cases involved sub- the person who is denied access to a gov- jects such as: environmental clean-up, em- ernment record and the custodian who is ployment, construction, insurance coverage responsible for providing such access. Last and personal injury. Many of the cases that year, ODS mediated 90 of these cases. ODS mediates involve the state as a party. An example of ODS mediating court cases Under state law, all disputes between exca- in the public interest is the mediated sett le- vators and underground facilities operators ment reached in Bass River v. State of NJ. involving amounts less than $25,000 must be submitt ed to ODS for resolution through In Bass River v. State of NJ, a small town in alternative dispute resolution procedures. Burlington County sued the state’s Depart- The goal of the amendment is to provide a ments of Environmental Protection and fast, effi cient and cost-eff ective way to re- Transportation, the Turnpike Authority, and solve disputes where utility lines are dam- Burlington County to determine owner- aged during digging. ODS handled 166 of ship of a dangerous orphan road adjacent these cases this year. to a popular state park. The pothole ridden roadway had already caused signifi cant ac- ODS serves as a member of the Equal cidents and necessitated a partial closing of Employment Opportunity Commission the roadway. This adversely impacted the (EEOC) and U.S. Postal Service mediation state park, local commuters and potential roster in order to mediate employment emergency egress routes. The mediated disputes. In 2008 ODS mediated 9 of these sett lement resulted in immediate tempo- cases. rary repairs, a long term remedial Dispute Resolution Training action plan, Because of the proven track record of dis- continued pute resolution and clear benefi ts to all road main- parties, the Public Advocate continues to tenance and expand the reach of the Offi ce of Dispute improved Sett lement by training increased numbers local, county of legal, law enforcement, and government and state offi cials. relations. The sett lement saved the state signifi cant litigation costs and helped avoid Last year, ODS trained 270 judges, att orneys further park closures and serious roadway and state agency personnel, an signifi cant accidents. increase from the previous year. The ODS also trained more than 60 state police as part of that agency’s continuing manage- Dispute Resolution Programs ment training seminars. The Offi ce of Dispute Sett lement also man- Through the Offi ce of Dispute Sett lement, ages two New Home Warranty arbitra- the Public Advocate has created and hosts tion programs which involve arbitrating an inter-agency working group to expand disagreements between homeowners and the use of dispute resolution in state gov- builders. Under this program, a panel of ernment. In addition, ODS staff serve as neutral construction experts resolves dis- members of the Supreme Court Committ ee putes between homeowners and builders on Complimentary Dispute Resolution and regarding defects in new home construc- chair the Subcommitt ee on Education. The tion. In 2008 ODS handled 200 New Home Supreme Court Committ ee reviews rules Warranty cases and 175 Residential War- relating to the use of mediation in the state ranty disputes. courts and makes recommendations to the Under an inter-agency agreement with the NJ Supreme Court. PUBLIC ADVOCATE: A VOICE FOR THE PEOPLE | 41

Humane Treatment for Inmates Ombudsman provides a release valve which serves to prevent potential serious disturbances at the prisons. Inmates corre- While the Department of Corrections spond with the Ombudsman using a stan- (DOC) has an obligation to ensure that all dardized, bilingual form through which persons committ ed to State correctional they can express their concerns or com- institutions be provided with the custody, plaints in an organized manner. care, training, and treatment needed to prepare them for reintegration into the community, oversight by an independent Special Assignments body is essential to ensure the integrity of In 2008, Ombudsman staff participated in the system, administrative accountability, 36 special assignments, consisting primarily and to protect the rights of the incarcerated. of searches of congregate and living areas This is the purpose of the Public Advocate’s in correctional facilities. Att endance at these Corrections Ombudsman. searches helps to minimize allegations of Through this offi ce, inmates can seek re- destruction of inmate property and other dress for issues and concerns encountered complaints. Inmates as well as administra- while incarcerated regarding their living tive staff welcome the Ombudsman’s role in conditions and allegations of maladmin- this process. istration or inaction by correctional au- thorities. The offi ce investigates complaints where the inmate has failed to get satisfac- Primary Inmate Issues and Concerns Dur- tory results through available institutional ing 2008 channels. Common inquiries center In 2008, the Corrections on the accuracy of the Ombudsman fi elded calculation of inmates’ 9,235 complaints and calls anticipated maximum from inmates in New release dates, requests for Jersey’s state prisons. updated calculations of their time, earned work and minimum status Lawsuit Prevention credits, and concerns regarding sentencing in- In the last 36 years, the formation noted on their Corrections Ombudsman records. These contacts has helped reduce the totaled 1706 inquiries, or number of lawsuits fi led 18 percent of Ombuds- against the New Jersey man’s cases. Department of Corrections by responding to inmates’ concerns and encouraging A large number of inquiries regarded the resolution through institutional remedies inmates’ eligibility for reduced custody, and informal mediation. While it is diffi cult community release, work assignments and to quantify the actual savings in litigation visitation program procedures. There were costs, the offi ce has clearly reduced the 869 such inquiries, or 9 percent of the total. number of lawsuits associated with inmate Nine percent of all inquiries, or 901 cases, complaints. involved dissatisfaction with medical treatment or complaints about a lack of medical treatment, delays with processing medica- Pulse of the Institutions tion, delays in referrals for outside consul- The offi ce continues to monitor the pulse tations, discrepancies concerning medical of the institutions in an eff ort to relieve co-pays and being treated poorly or with the pressures, tensions and hostilities that disrespect by medical personnel. abound within them by means of more Nearly 6 percent of all inquiries, or 601 open communications. The Corrections cases, involved requests for updated parole 42 | PUBLIC ADVOCATE: A VOICE FOR THE PEOPLE

eligibility dates, accuracy of the calculations mate) as routine or as a remedy? of their parole eligibility release dates, status of parole hearing results and complaints 5. Did the coordinator agree with the in- that they are overdue for hearings. mate’s designation? Lost, damaged or missing property, or 6. Did the coordinator correctly identify delays in receiving property aft er a trans- the subject of the inmate’s request? fer from one facility to another, is another 7. Was the response legible? common subject of inquiries by inmates. These comprised 1041 cases, or 11 percent 8. Were the signatures of the staff and ad- of the Ombudsman’s caseload. Another ministrator legible? frequent concern raised by inmates involves 9. Were there att achments with the fi le the processing of inmate wages, deductions copies, if appropriate? for fi nes and penalties, delays with posting of money orders received, medical co-pays, 10. Was the form signed? and discrepancy with canteen orders and 11. Did the inmate fi le an appeal? related refunds. These 789 inquiries comprised 8 percent of all cases. The balance 12. Was the appeal signed by the adminis- of issues and concerns raised by inmates trator? include requests for institutional transfers, allegations of harassment by other inmates In addition to completing an audit of the or staff , concerns about mail and telephone form, the Assistant Ombudsmen also usage, and allegations of inappropriate toured each of the institutions to see if discipline. the forms were available in the locations In addition to addressing specifi c com- required by the policy. The Assistant Om- plaints or concerns, the Ombudsman tack- budsmen also interviewed the tracking led a number of other issues aff ecting the coordinator and the Administrator at each inmate population including living condi- facility. tions for state inmates housed in county Although the data collection was completed jails and concerns about the medical and by the end of April, the calculation of the dental care provided to prison inmates. results and the evaluation of those results In February 2008, the Assistant Ombuds- were delayed due to staffi ng concerns. men began collecting data to be used in an Generally, the system appears to be work- Assessment and Evaluation of the Inmate ing well, although a number of recommen- Request and Remedy system that is utilized dations will be included in the fi nal report. by state inmates to address questions or The entire project should be completed by concerns within the prison facilities. The the end of Spring 2009. sample of over 800 forms represented 10% The staff have also begun to address sys- of the actual inmate forms submitt ed at temic property issues by obtaining policies each facility during the month of October and procedures from County Jail and Resi- 2007. dential Community Release Program Staff in order to bett er track inmates’ property. The assessment tool developed by the As- Former Corrections Ombudsman Luis Silva sistant Ombudsmen refl ected specifi c items passed away unexpectedly aft er batt ling an on the form: extended illness in August of 2008. All staff have worked diligently in order to maintain 1. Was the remedy/request clear and con- the daily operations while grieving the loss cise? of Luis Silva. 2. Was the form fi lled out completely by the inmate? 3. Was the 30 day turn around time being followed? 4. Was the form being treated (by the in- PUBLIC ADVOCATE: A VOICE FOR THE PEOPLE | 43

7 Guarding the Interests of Ratepayers

Advocating for Fair Prices reduction in the cost to New Jersey Ameri- can Water’s ratepayers for the acquisition of Trenton’s outside water system. In another, The Public Advocate, through its Division of Rate Counsel is challenging an att empt by Rate Counsel, ensures that utility consumers one water company to gain approval to receive safe, adequate and proper service at institute a self-implementing charge that aff ordable rates. One of the Rate Counsel’s would increase its rates up to 7.5% between major functions is to examine all requests rate cases. for rate hikes and protect consumers from unfair or unjustifi ed increases in their In other cases, Rate Coun- electric, gas, cable TV, sel saved ratepayers money telecommunications by negotiating sett lements or water bills. or persuading companies to cancel or scale down programs that were not Rate Counsel has legal cost-eff ective. Rate Coun- standing to challenge sel also negotiated a sett le- proposed increases ment with New Jersey Nat- and represent the rate- ural Gas in its rate case that payers on any changes saved ratepayers $26 mil- to utility service. The lion. On the electric side, Division also repre- Rate Counsel’s advocacy sents consumers in regarding Advanced Me- a limited number of ter Infrastructure (“AMI”) insurance matt ers. led Atlantic City Electric to withdraw its request to install AMI across its ser- In 2008, Rate Counsel vice territory immediately, negotiated and won and instead proceed to do signifi cant concessions a pilot program that would for water ratepay- test the cost-eff ectiveness ers. Faced with total of AMI. This alone saved requests for water rate ratepayers $128 million. increases of over $155 million, Rate Counsel negotiated sett lements that resulted in almost $65 million The Division also worked on other fronts to in savings to ratepayers. In one case, Rate protect ratepayers. In the legislative arena Counsel’s testimony led to a $25 million the Division successfully advocated against 44 | PUBLIC ADVOCATE: A VOICE FOR THE PEOPLE

a bill that would have eff ectively eliminated unjust and unfair rates. Rate Counsel has rate regulation and prudency reviews for argued for more transparency in the pro- electric utility rates. The Division, through curement process to ensure fair dealing its website and publications, helps to edu- from the bidders. cate consumers on important utility and TThehe DivisionDivision iiss a conservation measures. The Division also While the decline in fi elds inquiries from consumers and pro- commodity costs held sstaunchtaunch supportersupporter ofof vides information to assist them with their BGS electric rates fair- eenergynergy effi ciencyciency mmea-ea- questions and concerns. Last year, the Divi- ly steady in this year’s ssuresures asas partpart ofof thethe auction, Rate Counsel sion responded to approximately 300 con- rresourceesource mixmix toto helphelp sumer inquiries. continues to argue for changes to the process uuss meetmeet thethe ambitiousambitious that would allow the ggoalsoals ssetet bbyy tthehe Gov-Gov- State to more eff ective- eernorrnor toto reducereduce energyenergy Championing Ratepayer Interests in ly protect ratepayers Energy Policies nneedseeds byby 3030 percentpercent from high prices and bbyy tthehe yearyear 2020.2020. price volatility. Rate Counsel continues to Long-term Energy Planning advocate for a “portfolio manager” ap- The Division actively participated in the de- proach, similar to the role of a mutual fund velopment of the Governor’s Energy Master manager to purchase energy for the state. Plan. Based on the recommendations in By creating a diverse mix of available op- the Plan, several initiatives to promote the tions to obtain energy and capacity in New goals of the plan, such as initiatives to foster Jersey we can insure our energy future. We energy effi ciency, renewable energy and re- also advocated for entering into longer term duced peak demand, have been instituted. contracts for price stability, and requiring Rate Counsel has continued to be an ac- that Class I renewable resources be includ- tive participant in these initiatives, aiming ed with the long term contacts to encourage to assist the State in achieving the Master industries to develop new renewable tech- Plan’s goals while minimizing any increase nology. The Division continues to support in rates. energy effi ciency measures as part of the resource mix to help us meet the ambitious goals set by the Governor to reduce energy Fostering Competitive Energy Policies needs by 30 percent by the year 2020. Since the adoption of the Electric Discount and Energy Competition Act (EDECA) in Advocating for the Fair Allocation of 1999, the New Jersey Board of Public Utili- Transmission Costs ties (“Board” or “BPU”) has overseen the purchase of electricity by the four investor Rate Counsel has taken an active role before owned utilities on behalf of their customers. the Federal Energy Regulatory Commission Starting in 2002, the Board has endorsed an (“FERC”) advocating for a fair allocation auction process for basic generation service of electric transmission costs. In the PJM (“BGS”) which has grown to a $6.5 billion region, the FERC has ruled that the costs per year auction to buy electricity. of transmission lines above 500 kV should be allocated regionally and that the cost of Unfortunately, New Jersey ratepayers lines below 500 kV should be allocated to continue to pay exorbitant costs for energy those customers that derive the benefi t. This supplies while deregulation of generation has led to several cases in which Rate Coun- has led to record profi ts for generating sel has argued for a fair allocation of costs companies and has reduced the incentive to for New Jersey ratepayers, seeking reduc- build new generation plants. Rate Counsel tions in New Jersey’s allocation where the has been actively participating in the BGS lines will primarily be serving customers in Auction proceedings before the Board to New York or in other parts of the PJM grid. advocate for New Jersey ratepayers to ease In one case, Rate Counsel succeeded in con- the burden of energy costs and to combat vincing a federal administrative law judge PUBLIC ADVOCATE: A VOICE FOR THE PEOPLE | 45 to require merchant facilities to pay a larger development of solar energy. That program amount for reliability upgrades, thus saving is now being expanded, and the utility has New Jersey ratepayers $8.9 million. also fi led a petition to invest another ap- Similar eff orts are being made regarding proximately $700 million in solar energy. gas transmission. In a recent sett lement Rate Counsel will continue to serve as the with South Jersey Gas, the Company made voice for ratepayers with respect to these substantial reductions in the fi xed costs it initiatives. pays to interstate pipelines for the interstate transportation and storage capacity used to Promoting Energy Effi ciency and Job Cre- deliver natural gas to the Company’s natu- ation ral gas delivery system. This will result in a $12.1 million savings that will fl ow through Rate Counsel has taken a leading role in im- to ratepayers through reductions in the Ba- plementing the Governor’s initiative to de- sic Gas Supply Service (“BGSS”) charge. velop energy effi ciency (“EE”) programs as an economic stimulus for the state. Electric and gas utilities have fi led petitions to in- Encouraging Cleaner Energy vest $230 million in EE programs as a plat- form for job growth and energy demand reduction. The target savings goal is to Promoting the Transition to Renewable achieve about 1.2 million MWh for electric Energy and 2.6 million dekatherms for gas. As economic conditions worsened, this program Rate Counsel has long been a proponent was expanded to include an investment of of encouraging renewable energy by de- approximately $700 million in investment veloping strong and competitive renew- in infrastructure as a means to stimulate job able energy markets. For solar energy, Rate creation. Rate Counsel has taken the lead Counsel has advocated for an open market in the negotiations to ensure that the infra- approach as a structure investments are incremental, will way to obtain create jobs, and will be thoroughly exam- the best value for ined for prudence and reasonableness in a the solar energy rate case for each company. For the energy generated by effi ciency investments Rate Counsel is also homeowners and advocating that only cost-eff ective and job- small businesses. creating projects get implemented through The Board has these stimulus programs. adopted this approach, and has ordered the utilities to develop Challenging Deregulation of programs to sup- Telephone and Cable port the market through long- term contracts to This year, Verizon and Embarq fi led peti- purchase solar tions seeking to deregulate rates for basic energy. Rate Counsel is also participating telephone service. Rate Counsel negotiated in a similar initiative to support the devel- a sett lement that preserved regulation of opment of wind energy. Rate Counsel has basic residential and single-line business been actively involved in the development service for at least the next three years. The of these programs and in ensuring that any sett lement also limited the companies to costs charged to ratepayers are reasonable minimal increases during that period for and no higher than absolutely necessary. those services as well as for directory assis- Rate Counsel also negotiated a sett lement tance, and basic installation. The sett lement with the state’s largest utility this year for also included a freeze on rates for lifeline a pilot program through which the utility service, protecting the most vulnerable of would provide $100 million in loans for the New Jersey’s telephone customers. 46 | PUBLIC ADVOCATE: A VOICE FOR THE PEOPLE

In cable, Rate Counsel has actively opposed developing recommendations to facilitate petitions to deregulate rates and services the use of information in the Food Stamps in New Jersey towns. Rate Counsel has database by other programs, and to sim- also played an active role in monitoring the plify the LIHEAP application process. rollout of Verizon’s FIOS service in multi- dwelling units and in resolving disputes between Verizon and other cable opera- Water Conservation Tips tors to ensure that public, government and educational channels are provided to all customers. • Turn off the water when brushing teeth or shaving. • When purchasing a new toilet, con- Advocating for Seniors, and sider one that uses less than the fi ve to seven gallons of water a conven- Disabled and Low Income tional toilet uses. Ratepayers • Never pour water down the drain Though our participation in the Univer- if there is another use for it such as sal Service Fund working group, we have watering a plant or cleaning around worked with the BPU and other State agen- the home. cies to facilitate the enrollment of elderly • Sweep patios, driveways, and side- and disabled persons in the BPU’s Univer- walks. Never hose paved surfaces. sal Service Fund (“USF”) and other energy assistance programs. • When washing your car, be conser- vative; wash with a bucket and only In 2003, the BPU established the USF pro- turn on the hose to wet and rinse gram and mandated that persons enrolled your vehicle. in the State’s PAAD and Lifeline programs, would be screened for eligibility for USF • Collect and use rainwater for water- benefi ts based on existing information ing your garden. in the State’s Lifeline database. The BPU • Direct downspouts or gutt ers toward failed to keep up automatic screening and, shrubs or trees. aft er both formal and informal eff orts to persuade the Board to follow its mandate • Insulate hot water tanks and hot failed, Rate Counsel fi led an appeal. As a water pipes to reduce water-heating result of that appeal, the Board restored costs and save water; insulation automatic screening for some Lifeline re- keeps the water hott er longer and cipients. The BPU also agreed to work with wastes less water. other State agencies to develop changes • Install a high-pressure, low fl ow in the PAAD/Lifeline application that will showerhead for more effi cient water allow Lifeline applicants to be screened for use. both LIHEAP and USF benefi ts for the next heating season. • Take food out of the freezer early and place in the refrigerator to allow Rate Counsel is also participating in an in- plenty of time for thawing. Thawing ter-agency eff ort to coordinate several State frozen goods under a running faucet and Federal programs that provide benefi ts wastes water. to low-income New Jersey residents, including PAAD/Lifeline, Food Stamps, the Additional conservation tips can be found in- Low-Income Home Energy Assistance (LI- side Rate Counsel’s Consumer Conservation HEAP) program, and the USF program. We Handbook, which can be downloaded from are active members of committ ees that are www.state.nj.us/publicadvocate/utility or by calling for a free copy at 973-648-2690. PUBLIC ADVOCATE: A VOICE FOR THE PEOPLE | 47

Ofﬁ ce of the Child Advocate 8 Promoting Positive Change for Children

The New Jersey Offi ce of the Child Ad- tings in which a child has been placed by vocate is an independent state agency a State or county agency or department, dedicated to promoting positive change in including juvenile detention centers, group public policy and practice to improve the homes, foster homes, residential treatment safety, health and well-being of New Jersey centers and shelters. children, especially those with the greatest need. The Offi ce under- went a transition To achieve this in July 2008 when goal, the Child then Child Ad- Advocate iden- vocate E. Susan tifi es important Hodgson retired. issues that re- Governor Cor- quire systemic zine appointed change. The Public Advocate Child Advocate Ronald K. Chen works closely to assume the with Legisla- role of Acting tors, govern- Child Advocate. ment offi cials, While completing community work on projects stakeholders already in prog- and other ad- ress, the Offi ce, vocates to craft under Com- innovative solutions to identifi ed problems. missioner Chen’s leadership, reviewed its The Child Advocate then monitors imple- policy agenda and identifi ed issue areas that mentation of these reforms to make a real would benefi t most from the Offi ce’s unique diff erence in the lives of New Jersey’s chil- advocacy authority. dren and their families. The Child Advocate’s Primary Goals The Child Advocate has broad statutory That review resulted in the clear identifi ca- authority to protect children’s rights and tion of the Offi ce’s primary goals, as well to ensure they receive the care, supervi- as a revised agenda that touches on many sion and safety to which they are entitled. areas of child well-being, including child This authority is used to monitor systems protection, physical and mental health, juve- that serve children and families, including nile justice and children’s legal rights. the child welfare, juvenile justice and child behavioral health systems. The Offi ce concentrates its eff orts in six key issue areas: The Offi ce of the Child Advocate’s jurisdiction extends to all public and private set- 48 | PUBLIC ADVOCATE: A VOICE FOR THE PEOPLE

• Improve child safety by advocating for care provided to children in out-of-home relevant reforms of the child protection placement. system and by monitoring other systems Mental Health. Children who have mental that serve children. and behavioral health needs require appro- • Ensure that all children have safe, per- priate services and interventions to grow manent homes. into stable, productive adults. The Child Advocate works to improve the systems • Enhance healthcare for children and that serve these vulnerable children and youth. their families and will launch a public edu- • Improve the care of children with men- cation campaign about youth group homes. tal health needs. Juvenile Justice. When youth become • Help juveniles involved with the legal involved with the legal system, it adversely system to forge productive lives. aff ects their chances of building productive lives. The Child Advocate is launching • Strengthen children’s legal rights. several initiatives aimed at improving outcomes for youth involved with the juvenile Child Protection. A primary focus of the justice system, including a project designed Offi ce of the Child Advocate is to ensure to improve youth’s chances for success that children who have been abused or when they leave secure care and re-enter neglected – or are their communities. at risk of abuse or Children’s Rights. Ensur- neglect – receive the ing that children’s legal needed protections rights are protected and and services from strengthened is another relevant state agen- key focus of the Offi ce of cies. The Offi ce assists the Child Advocate. the court-appointed monitor in measuring progress of child welfare reforms and is working to strengthen the review of cases Improving Child Safety in which children have died due to abuse or The Child Advocate released a report in De- neglect. cember 2008 that found allegations of child abuse in institutional sett ings were being Permanency. It is critical that the state do investigated in a more timely manner and everything possible to ensure that children the conclusions reached in those investiga- in out-of-home placement receive perma- tions were largely consistent with state law. nent homes in a timely manner, whether through reunifi cation with their families or, The study also found that a signifi cant when that is not possible, through adop- number of cases, while not rising to the le- tion or permanent placement with relatives. gal level of child abuse and neglect, still had The Child Advocate is engaged in specifi c troubling issues involving child safety that projects to promote stability and perma- must be addressed. nency for children in foster care, including As part of its role in monitoring New Jer- improving parent-child visitation practices sey’s child protection system, the Child and ensuring that foster children are al- Advocate conducted an in-depth review of lowed to remain in their “school of origin” 90 investigations of allegations of abuse and when they enter out-of-home care. neglect involving 131 children living in out- Child Health. A healthy start leads to a of-home sett ings, including resource homes, healthier, more productive life. Child health group homes, residential treatment centers continues to be a primary policy area for and juvenile detention centers. These inves- the Child Advocate, as the Offi ce works to tigations were initiated between January ensure that all children have health insur- 2007 and June 2007. ance and to measure the quality of health- PUBLIC ADVOCATE: A VOICE FOR THE PEOPLE | 49

In 91 percent of the cases, the Child Advo- Improve Corrective Action Monitoring. cate’s review team agreed that the investi- The Department should institute clear mea- gative fi ndings were consistent with state sures for ensuring that all cases involving law. Based on the information in the fi le, the corrective action plans are appropriately review team determined that an additional identifi ed and tracked and that safety con- four cases also met the legal defi nition for cerns are addressed in a timely and appro- abuse or neglect. The team thus found that priate manner. 7.7 percent of cases in the sample merited substantiation. Expand Supervisory Findings (n = 90 cases ) Number Percent Review. DCF should institute a review process Agreed findings consistent with state law 82 91 of “unfounded” cases in Disagreed findings consistent with state law 44which signifi cant concerns Insufficient documentation to determine whether are uncovered to ensure findings consistent with state law 44appropriate fi ndings and follow-up. This should be similar to the review pro- Acting Child Advocate Ronald K. Chen cess for cases in which investigators initial- commended the Department of Children ly arrive at a conclusion that an allegation and Families for the progress it has made should be substantiated. in completing these critical investigations in a more timely manner, but noted that the study identifi ed some areas to which Quality Assurance. In accordance with additional att ention should be paid. For the federal court sett lement agreement, example, the audit found that while some the Department of Children and Families parts of the investigations were handled is developing a quality assurance process. appropriately, the Department of Children This process must include vigilant monitor- and Families should devote additional ing of the institutional abuse investigation resources and att ention to the collection and process, including the gathering of informa- documentation of information. tion, the completion of safety assessments and notifi cation of appropriate parties, including parents. The development of the Key Recommendations quality assurance system should include in- Address Issues Concerning the Two-Tier put from the Offi ce of the Child Advocate. System. The study found that the defi nition of the term “unfounded” in a 2-tiered fi ndings system was in some cases sus- Strengthen Investigative Training. The ceptible to ambiguity. DCF should amend Department must provide more training in regulations to explicitly describe the range the various procedures, techniques, legal of cases that fall within the “unfounded” concerns and interviewing skills required to category. conduct thorough investigations.

Strengthen Documentation Policy. Lack of Examine the Child Abuse Registry. Inves- consistency in documentation was appar- tigators expressed concerns over the serious ent in many of the case records. This issue consequences that result from a substantiat- should be addressed with a revised policy ed ﬁ nding and the resulting lifelong inclu- that clearly deﬁ nes the information inves- sion on the child abuse registry, regardless tigators must document, especially with of the nature of the allegation. The Child Advocate will conduct initial research on regard to the level of detail that must be this issue for the purpose of initiating a con- recorded about who was interviewed and versation with stakeholders and DCF about what was said. The Department must also whether the laws and regulations govern- monitor implementation of this new policy ing New Jersey’s registry should be revised. to ensure investigators are adhering to it. 50 | PUBLIC ADVOCATE: A VOICE FOR THE PEOPLE

In response to the report, the Department that could be strengthened to bett er protect of Children and Families submitt ed a cor- children and prevent future tragedy. rective action plan that included proposals A formal review process is still being de- to institute a more stringent monitoring veloped, but it is expected that a team ap- system for corrective action plans and proach will emerge that includes the review supervisory review of certain cases. The De- board, the Child Advocate and the Depart- partment also agreed to conduct quarterly ment to identify salient issues and bring audits of cases to ensure vigilant monitor- them to frontline staff and supervisors to ing of the IAIU investigation process. In spur real and lasting changes in the fi eld addition, the plan called for increased train- that will result in improved child safety. ing of IAIU staff , along with joint training with law enforcement. The Child Advocate continues to work with the Department to The New Jersey State Central Registry: An ensure these actions are taken to provide Assessment improved protections for children in out-of- home care. In 2008, the federal court-appointed Moni- tor of New Jersey’s child welfare reforms conducted an independent assessment of Strengthening the Review of Child Fatali- the Department of Children and Families’ ties child abuse and neglect hotline, the State In August 2008, the Child Advocate is- Central Registry. The Monitor was joined in sued a review of 2007 child fatalities due the assessment by representatives from the to abuse and neglect. This report marked Offi ce of the Child Advocate, as well as staff the fi rst time the Offi ce documented in an members from the DCF Quality Analysis annual report the deaths of all New Jersey and Information unit. children who died or nearly died as a result The assessment was intended to explore the of abuse or neglect. While the tendency has following questions: been to focus on those children under the supervision of the child protection system, 1. Are screening decisions appropriate? the majority of these 29 children never had 2. Is screening documentation accurate any involvement with the New Jersey Divi- and suffi ciently complete to enable the sion of Youth and Family Services. Division of Youth and Family Services The Child Advocate found that measuring fi eld offi ce case managers to respond ap- the overall functioning of the state’s child propriately? protection system through a small number 3. Is complete and accurate information of cases with the worst outcome – a child reaching the DYFS fi eld offi ce case man- death – is an unreliable measure of a sys- agers in a timely manner? tem’s operation on a larger scale. Through In completing the assessment, the review our own internal review of the cases, we team listened to 266 calls, which were ran- determined that a more eff ective way to domly selected. For each of the 266 calls, use these cases to instruct future eff orts to the team also reviewed accompanying protect children is to strengthen the current documentation from the state’s computer child fatality review process. system, known as NJ SPIRIT. This was done To that end, the Child Advocate engaged to compare and evaluate the content of each in discussions with the Child Fatality and call versus the formal documentation of Near Fatality Review Board and the De- that call. partment of Children and Families to iden- The study teamed focused on whether the tify ways to enable this process to result in screening decisions were appropriately frontline changes to case handling. made according to law and policy and Through this process, the Child Advocate evaluated the competency and profession- has been able to elevate certain cases for alism of the screener. Relevant state policy, expedited review, which has led to focused training materials and other resources were discussions in the fi eld to address areas also reviewed. Team members interviewed PUBLIC ADVOCATE: A VOICE FOR THE PEOPLE | 51 senior management, conducted focus In late 2008, Congress passed the Foster- groups with screeners and supervisors and ing Connections to Success and Increasing also observed the hotline’s daily operations. Adoptions Act. Among its many provisions, Overall, the fi ndings from the report were this legislation requires states to coordinate generally positive and indicated that the with local schools to ensure that children state has made many strides toward im- remain in their school of origin, unless it is proving the hotline’s functionality. How- not in a child’s best interest to do so. ever, constructive recommendations were provided for continued improvement. These recommendations and the full report are available from the Center for the Study of Social Policy (www.cssp.org).

Ensuring Children Have Safe, Permanent Homes It is critical that the state do everything possible to ensure that children in out-of-home placement are given permanent homes in a timely manner, whether through reunifi cation with their families or, when that is not In 2008, Child Advocate staff began work on a project aimed at possible, through adoption or permanent promoti ng school stability for children in foster homes. placement with relatives. In 2008, Child Advocate staff researched a The Child Advocate has examined success- host of diff erent issue areas related to per- ful eff orts in other states to promote school manency and stability for children in foster stability and is exploring ways to bring that care, with the goal of identifying areas in same success to New Jersey. The Offi ce is in which the Offi ce could advance concrete discussions with relevant state departments change that would result in more children and expects to engage stakeholders in a being given stable, permanent homes more public debate of the issue to forge the best quickly. possible solutions, with the goal of building Two key issues emerged: school stability the chances that children in foster care suc- and parent/child visitation. ceed academically.

School Stability Enhancing Parent/Child Visits In 2008, Child Advocate staff began work One of the most important factors in reunit- on a project aimed at promoting school ing families is consistent, quality visitation stability for children in foster homes. Cur- between parents and children who are in rent state law mandates that a foster par- out-of-home placement. In 2008, the Child ent’s place of residence be considered the Advocate began exploring quality visita- child’s residence for the purposes of decid- tion programs and practices both inside ing which school the child will att end. This and outside New Jersey. This will result in results in many children being forced to a report that will inform service providers change schools, sometimes multiple times and others involved in these families’ lives over the course of their stay in the foster about the importance of quality visitation care system. Research documents that this and innovative ways to sustain and build has signifi cant detrimental eff ects, espe- the vital family bonds that can help ensure cially since the local school may be the only successful family reunifi cation. source of stability for many of these children. 52 | PUBLIC ADVOCATE: A VOICE FOR THE PEOPLE

Enhancing Healthcare for Children health program experts and representa- and Youth tives from several states to gain insight into best practices and innovative programs Health Insurance Coverage for All that New Jersey could potentially replicate. Children The Offi ce of the Child Advocate facilitated Meeting the health needs of children and many of these discussions and played a ensuring their access to health care and leadership role in communicating with state treatment continues to be a top priority for and national experts to obtain important in- the Offi ce of the Child Advocate. According formation to share with the larger working to recent data, between 300,000 and 400,000 group. This information advanced the work New Jersey children lack health insurance. group discussion and assisted in the forma- This decreases their ability to receive quali- tion of several recommendations to enhance ty medical and preventive care that contrib- health insurance enrollment, messaging utes to lifelong health. New Jersey is taking and retention eff orts throughout the state. steps to address these signifi cant issues. The group released a In July 2008, Governor report in May 2009 that Jon Corzine signed land- advocated for New Jer- mark legislation, spon- sey to use a creative, sored by Senator Joseph multi-prong approach to Vitale, that requires all outreach and enrollment children to have health eff orts to expand health insurance by July 2009. coverage to all New Jersey This new law also cre- children. It also docu- ated a working group mented the need for an comprised of members effi cient, coordinated tech- of the public and state nology system to track agencies, including the outreach eff orts and en- Offi ce of the Child Ad- sure coordination among vocate, which vice-chairs various state agencies. the group. The group was The group identifi ed sev- charged with identifying eral important core areas ways to expand health that require att ention and insurance coverage to are critical to the success all children to meet the of the healthcare legisla- legislative mandate. tion: • Improve eff orts to identify and reach the The group began meeting in September uninsured. 2008 to develop recommendations for • Use targeted, culturally-sensitive and boosting enrollment and retention in New language-friendly outreach to att ract Jersey’s publicly-subsidized health insur- hard-to-reach families in their own com- ance programs, including Medicaid, NJ munities. FamilyCare and NJ FamilyCare Advantage, the state’s new insurance buy-in program. • Develop interagency collaboration to The working group held monthly round- match existing data within respective table meetings and conducted conference programs to facilitate identifi cation of calls and community-based meetings to families, enrollment and retention. analyze New Jersey’s current public health • Implement creative and innovative strat- insurance climate and develop recommen- egies to ensure families enroll in and dations to strengthen enrollment, market- maintain health insurance coverage. ing, outreach and retention eff orts. • Create coordinated partnerships, both The group contacted numerous national mandated and voluntary, among state PUBLIC ADVOCATE: A VOICE FOR THE PEOPLE | 53

agencies and between state agencies and Collaboration Among Agencies county welfare agencies. In addition to its work on the recruitment • Plan for technology infrastructure in- and retention group, vestments, including automation and the Offi ce of the Child NNewew JerseyJersey isis sendingsending data management improvements, and Advocate has been assess staffi ng and performance-related actively addressing this eexpeditedxpedited applicationsapplications needs within state and local technology important health insur- ttoo mmoreore tthanhan 1165,00065,000 systems. ance mandate in other pparentsarents whowho indicatedindicated • Provide suffi cient staffi ng resources and ways. Based on our tthathat ttheirheir cchildrenhildren systems to support additional requests statutory responsibility llackedacked hhealthealth iinsur-nsur- to increase coordina- aance.nce. TThishis collab-collab- for public health insurance and other tion and collaboration benefi t programs. among State agencies, oorativerative eff ort,ort, coor-coor- While there was some existing collaboration the Offi ce contacted ddinatedinated bbyy tthehe ChildChild among departments to identify and enroll several State and com- AAdvocate,dvocate, iiss eexpectedxpected uninsured children in NJ FamilyCare, the munity agencies to ttoo rresultesult inin thousandsthousands Work Group provided the opportunity for identify ways that we mmoreore cchildrenhildren jjoin-oin- greater information sharing, strategic plan- can work together to iingng tthehe ranksranks ofof tthehe ning, project implementation and dialogue ensure more children among state agencies and key stakeholders. have health insurance. iinsured.nsured. The level of inter-departmental networking This has resulted in for the purposes of NJ FamilyCare out- several innovative agreements among state reach, enrollment and retention was signifi - agencies, such as using information re- cantly increased through the work group’s ceived on the newly-revised 2008 tax return eff orts. forms to target families we now know lack health insurance. With the Department of Treasury able to provide this information The group also reported that state depart- to the state Medicaid Offi ce, New Jersey is ments are actively reviewing ways they can sending expedited applications to nearly partner with NJ FamilyCare to help ensure a quarter million families who indicated that families are informed about the avail- that their children lacked health insurance. ability of free or aff ordable health coverage. This marks the fi rst time that New Jersey Many of the recommendations in the report had the actual names of uninsured children are already underway. and this collaborative eff ort, coordinated by the Child Advocate, is expected to result in Despite the fact that all relevant depart- thousands more children joining the ranks ments are willing to work cooperatively to of the insured. achieve the goal, additional work is needed The Offi ce continues to work with various to coordinate and implement various activi- state, county and local agencies on similar ties, the report said. A thoughtful planning initiatives. process among all government entities serving children and families is needed, in concert with technological improvements Expanding Health Coverage of Juveniles that will create a streamlined and coordi- While youth reside in county detention, nated assistance program infrastructure. they temporarily lose any Medicaid cover- An inclusive planning process to determine age they may have had. Additionally, no which technological improvements are clear protocols are in place to ensure that necessary across departmental data systems youth are enrolled in health insurance is in place and moving forward, the group when they leave the detention facility, nor reported. are there consistent eff orts to ensure siblings and parents have coverage. In 2008, the Child Advocate worked with 54 | PUBLIC ADVOCATE: A VOICE FOR THE PEOPLE

state Medicaid offi cials and juvenile justice The Child Advocate assisted in these coali- stakeholders to launch a pilot program tion building eff orts with community-based aimed at enrolling detained youth and any organizations in municipalities that became eligible family members in public health involved in the Model Lead Safe City Initia- insurance programs. tive. Aft er identifying counties willing to participate in the pilot project, the Offi ce organized training for detention center staff to learn more about NJ FamilyCare’s diff erent insurance options and the application process. Under the pilot project, which was launched in April 2009, detention center staff will begin the application process with every juvenile who enters detention. This translates to thousands of at-risk youth each year. Not only will the centers begin the application process for uninsured youth, they will also strive to identify eligible siblings and parents. The Child Advocate hopes to see this initiative expand statewide. Since the signing of Governor Corzine’s executi ve order, The Offi ce is also undertaking a policy state agencies and city offi cials have taken signifi cant steps initiative to petition the federal Medicaid in bett er protecti ng children from lead hazards. program to allow youth in county detention to retain their Medicaid coverage while in Lead Consultant detention. To date, 13 states have accomplished this, saving the counties signifi cant The Child Advocate and Public Advocate dollars that can be reinvested in youth in are also working with a consultant to ana- other ways. The Child Advocate is working lyze the costs to New Jersey when children with the state Medicaid Offi ce to build the become lead poisoned. The goal is to deter- case that New Jersey should be allowed to mine the full social and economic impact do the same. that lead poisoning has on the taxpayers and the State. This includes an assessment of the immediate and long-term costs of Reducing Childhood Lead Poisoning childhood lead poisoning in New Jersey, such as loss of earning capacity, health care In 2008, Child Advocate staff intensifi ed and case management costs and special eff orts to assist the Public Advocate in a education and juvenile justice expenses. growing and successful campaign to reduce The Child Advocate also collaborated with childhood lead poisoning throughout the the Department of Health and Senior Ser- State of New Jersey. vices to provide the consultant with the A year-long investigation by the Public Ad- most up-to-date data and health-related vocate uncovered signifi cant problems in costs. The report is expected to be released the systems designed to protect New Jersey in Spring 2009. children from lead poisoning. Since the signing of Governor Corzine’s executive order (#100) and the release of the Free Lead Screening Department’s report, Gett ing the Lead Out: The Child Advocate, Public Advocate, The Childhood Lead Poisoning Crisis in New Att orney General’s Offi ce, the University Jersey, state agencies and city offi cials have of Medicine and Dentistry of New Jersey taken signifi cant steps in bett er protecting (UMDNJ) and Gloucester County collabo- children from lead hazards. They have also rated to reach out to families whose chil- partnered with community organizations, dren att ended the Children’s First Learning as well as local health centers and hospitals Center between April 2005 and August to address this severe epidemic. 2007, aft er the center’s operator pleaded PUBLIC ADVOCATE: A VOICE FOR THE PEOPLE | 55 guilty to falsifying lead test results for the New Risk Identifi cation System center. To improve communications across state Arrangements were made for children who agencies, the Department of Children and att ended the center to have free lead screen- Families is implementing a new approach ing tests at the Gloucester County Health to early identifi cation of problems or issues Department. Parents who had worked at these treatment facilities. This new sys- at the center were also able to get tested. tem is aimed at addressing problems before Health care professionals and state offi cials they reach a crisis level and put children’s were available on site to answer questions safety at risk. about the testing. The results of the tests were sent to the child’s healthcare provider A risk management team, comprised of for any needed follow-up. various internal units charged with diff erent roles in the oversight of congregate care facilities, is now meeting regularly to review data and share information about the Improving the Care of Children diff erent areas of oversight of each facility. with Mental Health Needs This information will be used to track con- VisionQuest Investigation Leads to Sys- cerns at facilities and identify appropriate temic Solutions intervention to strengthen programs and reinforce the safety net for youth in congre- The Child Advocate’s investigation of a gate care. South Jersey treatment facility resulted in safer conditions for youth served there and identifi ed signifi cant systemic issues that, Clarifying Unusual Incident Reporting when addressed, can improve care for hundreds of youth in need of intensive residen- The Department is reviewing the admin- tial treatment. istrative order that governs the reporting requirements for unusual incidents in an In a report released in July 2008, the Child att empt to clarify which incidents must be Advocate documented the substantial prog- reported. The Unusual Incident Report Sys- ress that VisionQuest made in the months tem is a critical process that can be used to following the Offi ce’s investigation of the identify problems as they occur both within facility. As a result of a coordinated eff ort and across residential facilities and serve as among the Department of Children and a catalyst for change and prevention. Families, VisionQuest administrators, an independent monitor and the Offi ce of the The current system originated in the De- Child Advocate, the VisionQuest campus is partment of Human Services and is geared cleaner and safer. The children there report toward use with adults. The reporting a greater sense of security and indicate that categories are inconsistent and somewhat staff members are helpful and available. subjective, causing confusion among re- They also say the treatment they receive is porters. This can result in providers either eff ective. Restraint use, runaway behavior, over-reporting or underreporting incidents. staff turnover and inadequate staffi ng have In addition to addressing these systemic all been signifi cantly reduced, while staff issues, Child Advocate staff continued to training has improved. monitor VisionQuest’s progress toward The fi ndings of the Child Advocate’s in- meeting the goals of 22 performance stan- vestigation have implications that extend dards that were developed to measure beyond VisionQuest. In the course of this progress toward the stated goals. Data for investigation, it was necessary to examine the last of these 22 benchmarks is expected the systems currently in place to monitor in 2009. The Child Advocate will review the care and treatment of children at state- those data to ensure continued safety and contracted facilities. Through this process, quality treatment at the VisionQuest cam- the Child Advocate identifi ed key systemic pus. issues that may have implications for other residential facilities that serve youth. 56 | PUBLIC ADVOCATE: A VOICE FOR THE PEOPLE

Healing Homes: A Road to Recovery For bunk myths about youth group homes and NJ Youth expand understanding of the importance On any given day, hundreds of New Jersey of this vital service for thousands of New children live in special homes where they Jersey children. Through this campaign, we work to rebuild their young lives. Some are encouraging residents and local offi cials struggle to overcome mental health needs in towns around the state to embrace these and master the coping skills needed to lead programs and recognize that in strengthen- a productive life. Others are learning to feel ing our children, we strengthen our towns, safe again aft er being abused or neglected. our communities, our state and our future. Still other youth are entering adulthood with no family supports and are striving The Offi ce expects to launch the campaign to forge close community connections with in May 2009. Materials, including informa- caring adults. tional brochures, an advisory on the legal protections that group homes enjoy and a video, will be widely distributed to mayors and other local offi cials, legislators, care providers and others. Campaign materials can be obtained by contacting the Offi ce at (609) 984-1188 or [email protected]. nj.us.

Improving Community Services for Chil- dren with Mental Health Needs At the start of 2008 the Department of Children and Families and its Division of Group homes, like the one pictured above, in Bridgewater, Child Behavioral Health Services (DCBHS) NJ, give children and youth a safe place where they can accepted public comment on proposed new heal and live more normally. rules for In-Community Mental Health Rehabilitative Services for Children, Youth and Young Adults (N.J.A.C. 10:200). These Unlike the impersonal, isolated environ- rules outlined provisions for Intensive In- ment of institutions, these healing homes Community Counseling (IIC) and Behav- give children and youth a safe place where ioral Assistance (BA) services. they can heal and live more normally. Like any other child, these kids att end school, get part-time jobs, play sports, participate These services are available to children and in community events and shop at the mall. youth with moderate to high-level needs receiving services from DCBHS. IIC and BA are services focused on engaging the family Unfortunately, some communities, oft en out into community based services. of misunderstanding, react with fear and suspicion when a group home fi rst comes to town. Some towns have threatened The Offi ce of the Child Advocate provided legal action to keep these healing homes writt en comments and oral testimony on from opening in their borders. Others have the rules. The Child Advocate supported expressed concerns that these homes will the inclusion of quality assurance, qualita- depress property values. tive measures, outcomes driven services and practices within the rules. The Offi ce also supported the provisions for both In 2008, the Offi ce of the Child Advocate be- greater oversight of behavioral assistance gan work on a public education campaign services by credentialed professionals and called Healing Homes. The campaign is the licensure requirement for intensive in- designed to provide information to de- community counseling providers. Improv- PUBLIC ADVOCATE: A VOICE FOR THE PEOPLE | 57

ing standards for providers benefi ts chil- of child abuse and neglect, DCBHS should dren and families. include a requirement for Child Abuse Record Information (CARI) checks in conjunction with the requirement for proof of However, information provided within the criminal background checks. proposed rules did not indicate whether DCBHS conducted a thorough needs assessment or gauged the impact of these Protecting Youth in Out-of-State Place- rules on service avail- ments TThehe Offi cece rrecom-ecom- ability throughout all The Child Advocate also commented on geographic regions of mmendedended thatthat inin orderorder proposed rules issued by the Department the state. The OCA re- of Human Services (DHS) in response to ttoo ffullyully eensurensure thatthat quested that if a signifi - cchildrenhildren ....are..are pro-pro- the passage of “Billy’s Law,” (NJAC 10:195). cant loss in workforce, Billy’s Law was signed by the Governor in ttectedected fromfrom ssubstan-ubstan- and therefore service January 2008. This law will provide greater ttiatediated pperpetratorserpetrators availability, would result oversight of out-of-state placement of youth ooff cchildhild aabusebuse aandnd from the adoption of involved with the Departments of Human these rules, that Divi- Services and Children and Families. nneglect,eglect, DCBHSDCBHS sion develop a process sshouldhould iincludenclude a whereby temporary rrequirementequirement forfor ChildChild waivers of the licensure While the Child Advocate generally agreed AAbusebuse RecordRecord Infor-Infor- or credentials require- with the provisions outlined in the pro- mmationation ((CARI)CARI) ccheckshecks ments could be granted posed rules, there were concerns related to iinn cconjunctiononjunction wwithith to clinicians who are interdepartmental communication, pos- working towards meet- tthehe requirementrequirement forfor sible contradictions between DCF and DHS ing these requirements licensing standards and information shar- pproofroof ooff ccriminalriminal bback-ack- or who are under the ggroundround checks.checks. ing with families and community members supervision of a licensed regarding out-of-state facilities. clinician.

Placements for out-of-state residential pro- The OCA also advocated for clear language gramming can be funded by various enti- in the proposed rules to include all pro- ties, including DHS or DCF and/or the local tected classes that are outlined in federal school district. The Child Advocate request- and state laws that prohibit discrimination ed DHS outline the process by which they by health and human service providers will coordinate with other Departments of that receive federal funds such as Title VI state and local school districts when youth of the Civil Rights Act of 1964, Section 504 are involved in multiple systems, especially of the Rehabilitation Act of 1973 and Title in those cases in which more than one party II of the Americans with Disabilities Act of assumes the responsibility for placement. 1990. While some of the protected classes The Child Advocate further requested are listed in the regulations, this list should that more clarity regarding communica- include the term ‘disability.’ tion and interdepartmental cooperation be addressed within the proposed rules including provisions for how DHS and DCF In addition, the OCA requested more guid- will work together to share information ance be included in the proposed rules sur- regarding inspections, violations, unusual rounding case coordination between agen- incidents and other quality assurance mea- cies where appropriate consent is received. sures.

The Oﬃ ce recommended that in order to The clear intent of Billy’s Law is that no fully ensure that children and youth re- child shall be placed out-of-state in a facil- ceiving intensive community services are ity that has not been inspected by the State protected from substantiated perpetrators of New Jersey and found to meet mini- 58 | PUBLIC ADVOCATE: A VOICE FOR THE PEOPLE

mum standards. It was unclear which set Helping Juveniles Involved with the of regulations would be used when there Legal System is a contradiction between DHS and DCF standards. Therefore, OCA requested clari- Child Advocate Urges Counties to fi cation regarding how the Department of Reinvest in Youth Human Services will determine which set With the number of New Jersey juveniles of regulations will be used when inspect- held in detention centers signifi cantly re- ing out-of-state placements. For example, duced, counties should reinvest detention a group home providing services to devel- center dollars opmentally disabled youth who are also in prevention involved with the Division of Youth and and treatment Family Services (DYFS) may be licensed eff orts to fur- under two diff erent administrative codes. ther reduce Therefore, the proposed rules must clarify juvenile crime how DHS will determine which set of stan- and increase dards will be used. public safety, the Child Ad- IInn 2008,2008, NewNew JerseyJersey vocate said in a wwasas namednamed thethe na-na- Another request was to report released in March 2009. ttion’sion’s fi rstrst JuvenileJuvenile include a complete list of all investigation fi nd- In 2008, New Jersey was named the nation’s DDetentionetention AlternativeAlternative ings within the proposed fi rst Juvenile Detention Alternative Initia- IInitiativenitiative ((JDAI)JDAI) sstatetate rules that would war- tive (JDAI) state model site, making the mmodelodel ssite,ite, mmakingaking rant termination of or state a recognized national leader in reduc- tthehe statestate a recognizedrecognized refusal to enter into a ing reliance on juvenile detention. nnationalational lleadereader iinn contract. This would not Five years aft er beginning participation rreducingeducing reliancereliance onon only make the investiga- in this national project, fi ve counties have tion process and penal- jjuvenileuvenile detention.detention. posted a 44.3 percent drop in the number ties clear to providers, of youth in detention on any given day, the it would provide the Child Advocate reported in an analysis of community and parents of children placed data provided by the Juvenile Justice Com- out-of-state detailed information regarding mission. Annual detention center admis- what violations would trigger termination sions in these fi ve counties declined 41.4 of a contract. percent from 2003 to 2008, translating to 2,616 fewer youth in detention in 2008. Under Billy’s Law, both DHS and DCF are Acting Child Advocate Ronald K. Chen required to maintain a list of all out-of-State noted that this decrease presents an oppor- programs in which New Jersey children tunity to reinvest dollars in juvenile crime receiving services from the Department are prevention and treatment of at-risk youth. placed. The OCA suggested that a list of ap- The wise reinvestment of these funds will proved out-of-state placements be created pay substantial dividends by further reduc- jointly by DHS and DCF and posted in one ing both juvenile crime and the number of location on the state of New Jersey web- youth who must be confi ned in expensive site as this would be more family friendly institutions. and would ultimately be more effi cient by JDAI is aimed at reforming juvenile justice avoiding duplication. Although Billy’s Law systems to ensure that only those youth does not direct DCF and DHS to include in- who pose the greatest risk to public safety formation from recent inspections, the OCA are detained. In 2003, Atlantic, Camden, recommended that the list of out-of-state Essex, Monmouth and Hudson joined the providers should be expanded to include eff ort. Since then, Mercer, Union, Bergen, the date of the last inspection and any ma- Burlington and Ocean have become JDAI jor licensing violations. This would provide counties. Somerset recently joined the ini families with a way to compare programs and remain informed about when facilities were most recently inspected. PUBLIC ADVOCATE: A VOICE FOR THE PEOPLE | 59 tiative and Passaic is expected to become a the Juvenile Justice Commission. JDAI county in 2009. The goal of the roundtable was to recognize A declining census and the need to save the strengths of the individual detention money have prompted one center to close centers, as well as to foster collaboration be- and two others to announce plans to close. tween the centers and to create a forum for In December, Warren County, which has the centers to communicate their concerns not yet participated in JDAI, closed its cen- to the Child Advocate’s Offi ce. ter and began sending youth to neighboring Morris County. Gloucester and Passaic have both announced plans to close. Essex was By statute, the Child Advocate is empow- able to close a unit in its center as a result of ered to inspect and review the operations, the drop in the census. policies and procedures of juvenile detention centers in New Jersey. Throughout 2009, members of the Child Advocate’s staff visited all 17 detention centers and met Annual Admissions to Detention - Initial with detention center administrators, of- JDAI Sites fi cers and social workers, as well as some detained youth. The visits resulted in the County 2003 2008 5 Year Change identifi cation of topics of importance to the 2003-2008 centers as they strive to create the best possible environment for children caught at a Atlantic 468 335 -28.4% critical juncture of their lives. Some of these Camden 1661 655 -60.6% topics became the basis for discussion at the roundtable. Essex 2460 1480 -39.8% Monmouth 508 286 -43.7% Additionally, the OCA continues to monitor Hudson 1222 947 -22.5% New Jersey’s county-based juvenile deten- Total 6319 3703 -41.4% tion centers. Child Advocate staff reviews unusual incident reports and follows up in cases that raise safety concerns or other The report highlights the fact that as juve- issues. nile justice reforms take hold, youth entering county detention facilities generally have more serious off enses and thus more Strengthening Children’s Legal Rights complex needs that must be addressed. To accomplish this, counties must reinvest fi s- Governor’s Commission on Bullying in cal resources that build quality prevention Schools and treatment programs, as well as deten- When children are bullied at school it tion alternatives. It also stated that any clo- can harm their development, lessen their sures must be completed carefully, ensuring chances of school success and make it more the youth have access to their att orneys, diffi cult for them to develop healthy friend- families and local services. ships. Left unaddressed, these problems can have long-lasting and devastating eff ects on Child Advocate Hosts Juvenile Justice a child. Roundtable To address the problem of bullying in New On June 20, 2008, the Offi ce of the Child Jersey, Governor Jon Corzine and the New Advocate held a roundtable discussion for Jersey Legislature created the Commission Juvenile Detention Facilities. The event was on Bullying in Schools in 2007. The Com- held at the State House Annex in Trenton mission is charged with recommending and was att ended by administrators and ways to strengthen New Jersey’s approach representatives of 15 of New Jersey’s 17 to the problem of bullying in schools. juvenile detention facilities and members of The New Jersey Offi ce of the Child Advo- 60 | PUBLIC ADVOCATE: A VOICE FOR THE PEOPLE

cate was charged with the responsibility of This may unnecessarily create psychologi- providing staff and support to this panel so cal and emotional trauma that can dam- that it can eff ectively meet the goals of the age a youth’s future prospects. Working legislation. The Commission was created closely with the Public Defender’s Offi ce through an amendment to the existing New and the Children’s Justice Clinic at Rutgers Jersey Bullying Laws; P.L. 2007 c. 303. University, the Child Advocate conducted The Commission began meeting in October extensive research on this issue in 2008. The 2008. Members identifi ed key issue areas, Offi ce, along with its partners on this proj- formed subcommitt ees and began research- ect, expects to make recommendations in ing relevant policies and regulations. The 2009 that end the indiscriminate shackling Commission also held three public hearings of juveniles during court poceedings. in early 2009 to obtain public input regarding concerns about bullying, as well as hear recommendations to improve New Jersey’s The Child Advocate’s Frontline response to the issue. Helpline Responds to Calls of Concern for New Jersey Children The northern, central and southern regional hearings were heavily att ended by parents, The Child Advocate’s Helpline responds students, school administrators, teachers, to hundreds of calls each year from people community service providers, advocates, who are concerned about the health, safety, school-based and private mental health education or welfare of a child they know. professionals, att orneys and people repre- Many of the calls involve problems with senting a broad range of existing bullying- various state agencies charged with the re- prevention programs. In addition to the sponsibility of safeguarding, educating and public hearings, the Commission received a tending to the healthcare needs of our most signifi cant amount of writt en testimony. vulnerable citizens. All of the information provided to the Through Helpline, trained Child Advocate Commission will be reviewed along with staff educates caregivers about state sys- recommendations from legal and practice tems, available services and their rights to advisory groups. The advisory groups were receive those services. In many instances, convened to review existing laws and poli- Child Advocate staff intervenes to att empt cies, as well as provide critical evaluation to resolve problems and ensure a positive of the best ways to improve school climate outcome for the children involved. and address incidents of bullying. The Commission anticipates meaningful and realistic recommendations from the culmi- Who Calls Helpline? nation of their work and expects to issue a In 2008, Helpline responded to 854 requests report with recommendations in July 2009. for assistance. Helpline receives calls from people all over the State of New Jersey. Birth parents whose families are involved Strengthening Children’s Legal Rights with the Division of Youth and Family New Jersey has no clear policy or statute Services comprise the majority of referents. that governs the use of handcuff s and other Child Advocate Helpline restraints for juveniles appearing in court. 2008 As a result, youth are Total new contacts 854 routinely shackled, oft en without regard By Phone 786 to whether they are a By Mail 24 risk to themselves or others. By E-mail 36 Fax/Other 8 PUBLIC ADVOCATE: A VOICE FOR THE PEOPLE | 61

Helpline also receives requests from com- In some instances, we will intervene di- munity professionals, other parents, foster rectly and help a child or family access the and adoptive parents and children. assistance they require. Helpline identifi es staff at the state level who have the ability to ad- WWhenhen I calledcalled yyourour What Type of Cases Does Helpline dress a particular concern Handle? and works with them to offi ce,ce, wwhathat wwasas nicenice resolve the problem. iiss tthathat yyouou ttookook mmee • Helpline primarily responds to concerns sseriouslyeriously andand pointedpointed about state agencies that provide chil- For example, a foster dren’s services. Typically, this involves mother desperately mmee iinn tthehe rightright direc-direc- the Departments of: needed to fi nd a pediatric ttion.ion. specialist for one of her ---Foster-Foster ParentParent • Children and Families, including the Di- foster children. She was vision of Youth and Family Services and unable to access a special- the Division of Child Behavioral Health ty provider in her county who accepted the Services, child’s Medicaid HMO. • Human Services, in- Child Advocate Helpline Issues Aft er gett ing permission cluding the Division to contact relevant agen- of Developmental cies on the foster parent’s Disabilities, ISSUE AREA 2008 behalf, Helpline staff con- nected this foster mother • Health and Senior DYFS-Related 372 Services, with agency representa- Other 274 tives who assisted her in • Education, and resolving the situation Education 176 • The Juvenile Justice and ensuring that her Mental Health 58 foster child received the Commission, al- quality medical care that though concerns can Health 36 involve other agen- he needed. cies. Youth Facilities 12 “When I called your of- Dev. Disabilities 15 fi ce, what was nice is that you took me seriously In general, we are unable Juvenile Justice 9 and pointed me in the to help with private cus- Total 952 right direction,” she said. tody or visitation mat- ters that do not involve a Note: Since callers oft en raise more than In some instances, calls child involved with the one concern during a single call, the to Helpline result in the Division of Youth and number of issues exceeds the number of Child Advocate under- people who contacted Helpline in 2008. taking broader policy Family Services, requests initiatives. For example, for private legal repre- when the Helpline be- sentation and out-of-state gan receiving multiple complaints about a concerns that do not have a New Jersey South Jersey residential program for youth, connection. In these cases, we may be able the Child Advocate brought these concerns to suggest other resources or agencies that to the att ention of the Department of Chil- can help. dren and Families. Those initial concerns grew into a full investigation of the program. Thanks to the Child Advocate’s inter- How Does Helpline Respond? vention, conditions at the facility are greatly Helpline oft en educates referents about the improved and children there are receiving best way to navigate a particular system, improved care. advising them on the appropriate people to contact, specifi c questions to ask and other advice that can help them become more ef- fective advocates for the child in question. 62 | PUBLIC ADVOCATE: A VOICE FOR THE PEOPLE

What Type of Issues Does Helpline Ad- comprising approximately 18 percent of dress? concerns raised in 2008. Since the Helpline was established in Octo- Many of the people who contact Helpline ber 2003, issues relating to the Division of are seeking assistance with private custody Youth and Family Services have topped the or visitation rights. These concerns general- list of concerns brought to the att ention of ly fall outside the scope of our mandate and the Child Advocate. our ability to address. These are categorized as “other” concerns. Common concerns in In 2008, DYFS-related concerns comprised this category include the need for legal rep- approximately 39 percent of issues. Educa- resentation, complaints about the Judiciary, tion-related concerns represent the second law guardian or att orneys and out-of-state largest number of issue-speciﬁ c contacts, concerns with no New Jersey connection. Helping Children, One Family at a Time These are just three of the many Helpline cases that result in positive outcomes for children and families throughout the State.

Safety and Stability for a Young Teen Michelle’s young life was marked by insta- bility and past abuses. The 15-year-old’s Everything worked out. You family had been involved with New Jersey’s guys were really helpful. You child welfare system, on and off , for many told me exactly what I needed to years. It was during one of these involve- do and it made things so much ments that Michelle came across the num- easier. ber for another place she could call – the Child Advocate’s Helpline. --Michelle, 15 She kept the number -- just in case. about ensuring that the appropriate agen- And it came in handy. Her mother had cies, both in state and out of state, were decided to move out of state. At fi rst, Mi- contacted and provided with the relevant chelle’s mother agreed to allow her to stay information. Child Advocate staff kept with her grandmother, who had long been in contact with both Michelle and her her primary source of stability. But then Mi- grandmother to ensure that the case was chelle’s mother changed her mind. This was progressing and that the relevant agencies especially diffi cult for Michelle. Not only were communicating with each other. Hel- would she have to leave her school, where pline staff also provided Michelle and her she was excelling, but she would also lose grandmother with her important safety nets and her close re- information and lationship with her grandmother. Michelle guidance on access- found the Helpline number. She picked up ing health insur- the phone. ance for Michelle and obtaining other needed services. Helpline staff patiently guided Michelle Through her own self-advocacy and with and her grandmother through the various Helpline assistance, Michelle happily re- areas of concern and ways to address them. mained with her grandmother. She is now Michelle’s grandmother was provided with an honor student and looking forward to a information on how to obtain temporary bright future. custody of Michelle, as well as various other legal resources that proved to be very “Everything worked out,” Michelle said. helpful to the family. “You guys were really helpful. You told me exactly what I needed to do and it made Aft er Michelle voiced safety concerns, things so much easier.” Helpline staff also spoke with Michelle PUBLIC ADVOCATE: A VOICE FOR THE PEOPLE | 63

Finding the Right Placement to Meet Treatment Needs These Jake long suff ered from acute mental and It was at that point that the Helpline re- behavioral health issues and has been in ceived a confi dential call from a concerned a variety of residential care programs for and dedicated professional at the residen- most of his young life, in att empts to pro- tial treatment center, as this person did not vide him with the structure and services he know where to turn. They were running so desperately needs. out of time to locate a therapeutically appropriate and safer placement. Trained Helpline staff worked to help navigate and Gett ing Jake, 17, into the right placement, clarify the roles and responsibilities of the tailored to his specifi c needs, has been no various systems involved with this youth, easy task for those involved with his life. while also researching available options While in a recent residential placement in and stepping in to help troubleshoot when New Jersey, Jake became violent toward new issues arose. himself and others, and bounced between hospital crisis units and the residential treatment center many times in a very short Child Advocate period of time. staff assisted in bringing together the necessary agen- Many of the professionals involved with cies, professionals his treatment were worried that the current and other relevant residential treatment center was unable to parties so that an meet his severe needs and may not be the appropriate and safest sett ing for him. However, a lack of expedient place- consistent communication and clear respon- ment plan could be sibilities among the involved agencies and determined for Jake. Due to this collabora- professionals made it virtually impossible tion, Jake now resides in a safe treatment for those tasked with locating the safest and program more tailored to his special needs most appropriate placement for Jake to do and is reported to be doing very well. their jobs.

Combating Childhood Lead Poisoning are just The Lee family immigrated to New Jer- due to this lead poisoning. The family’s sey with the hope of making a bett er life home was inspected and lead was identi- for their children. That proved to be more fi ed in both interior and exterior sources. diffi cult than they imagined. Both parents The home was supposedly remediated at had diffi culty with the English language, that time. and their two children have developmen- The Child Advocate’s Helpline was con- tal disabili- tacted sometime aft er that remediation by ties. To make a community medical professional who matt ers worse, was working with the family and who had Mike, 7, their become increasingly concerned over the youngest situation. Mike was again hospitalized for child, had an lead poisoning, and although the home elevated blood was thought to have been remediated, it lead level in appeared that this had not been done cor- 2007 and was rectly. hospitalized 64 | PUBLIC ADVOCATE: A VOICE FOR THE PEOPLE

The family did not speak English and so was again hospitalized due to his re-expo- had trouble navigating the systems and sure to the lead in his home. advocating for themselves. It also appeared that the various relevant agencies had not been properly communicating with each Helpline staff also contacted Medicaid and other. the family’s HMO to ensure that the family had a case manager who could continue to work with the family on the lead issues, The community medical professional was as well as someone who was aware of the unsure how to help this family and so she language barrier and communication needs. turned to the Helpline. Although the family had to leave their Helpline staff stepped in and began to home for some time, in the end the various identify what went wrong, what resources agencies all began to work together. The were available for the family and the best house was successfully remediated and the way to ensure that all of the diff erent con- family was able to move back home. With cerns were addressed. Helpline staff con- Helpline’s assistance, this family has contacted appropriate parties at various local tinued to receive the services and support and state agencies to make them aware of that they so desperately needed, but did not the situation and investigated ways that the know how to ask for. agencies could help, especially since Mike

Child Advocate Helpline 1-877-543-7864 If you have an emergency, please contact the police immediately or call 9-1-1. For out of state callers: 1-609-984-1187 Allegati ons of child abuse or neglect should be called in to 877-NJ-ABUSE E-mail: The Offi ce of the Child Advocate is not a fi rst- info@childadvocate. response offi ce. state.nj.us

The Helpline provides a link between the Oﬃ ce of the Child Advocate and the public. The Helpline serves as a reliable resource for the public to report the experiences of children within various state systems, such as the juvenile justice system, the Division of Youth and Family Services (DYFS), Division of Child Behavioral Health Services (DCBHS), schools, group homes and other state systems that serve children. PUBLIC ADVOCATE: A VOICE FOR THE PEOPLE | 65 Department Overview

Protecting the Public Interest This division is also charged with protecting One of the core functions of the department the rights of residents of long-term health- is to protect the public interest. The Divi- care facilities who are age 60 or older. The sion of Public Interest Advocacy examines Offi ce of the Ombudsman for the Institu- public policy and uses research, advocacy tionalized Elderly is staff ed with investiga- and legal intervention to advance reforms tors and nurses who investigate reports of that will benefi t New Jersey citizens. Key abuse or neglect of people living in nursing areas include reforming the use of eminent homes and other long-term care facilities domain for private redevelopment, reducing and take action to protect them from harm. childhood lead poisoning, protecting tenants rights during foreclosure, and securing Improving Life for People with Develop- the right to vote for all New Jersey citizens. mental Disabilities Catherine Weiss, Division Director Protecting the safety and legal rights of New Jersey citizens with developmental disabilities is the central charge of the Division of Protecting Individuals With Mental Illness Developmental Disability Advocacy. The di- The Division of Mental Health Advocacy vision works to promote policies and prac- protects and advocates for people who have tices that ensure people with developmental mental illness. The att orneys and staff in disabilities have safe and eff ective supports this division ensure that people within the and services and opportunities to participate mental health system receive the care and fully in all aspects of their communities. assistance they need to live the fullest lives possible. The division includes the Mental Health and Guardianship unit, which rep- Gwen Orlowski, Division Director resents individuals who are facing commitment to psychiatric facilities. Debra Branch, Elder Ombudsman Patrick Reilly, Division Director Helping Citizens Navigate Government Ann Portas, Deputy Director Agencies The department keeps an open line of Advocating for the Elderly communication with New Jersey citizens In 2008, the Department consolidated its through its Division of Citizen Relations. Division of Elder Advocacy and its Division The division investigators respond to com- of Developmental Disability Advocacy into plaints about state agencies and local gov- one smaller division operating under the ernments. They educate citizens on the most supervision of one Director and with staff eff ective government service for a particular assigned to project work in both areas. problem. If a state agency fails to respond, Citizen Relations staff advocate on behalf of citizens to resolve disputes. The Division of Elder Advocacy works to secure, preserve and promote the health, safety and welfare of New Jersey’s elderly The Offi ce of Dispute Sett lement and the population. Through legislative and policy Corrections Ombudsman are also located in work, education and outreach, this division this division. The Offi ce of Dispute Sett le- advances reforms to improve the quality of ment provides neutral mediation services to life for New Jersey’s older residents. resolve a wide variety of disputes, including those brought by individuals seeking access 66 | PUBLIC ADVOCATE: A VOICE FOR THE PEOPLE

to government records under the Open Pub- unfair or unjustifi ed increases in their elec- lic Records Act and claims under the New tric, gas, cable TV, telecommunications or Home Warranty Act. This offi ce also serves water bills. This division has the legal right as court-appointed mediator and provides to challenge proposed increases and repre- dispute resolution training. sents the ratepayer on any changes to utility service. The division also represents consumers in a limited number of health and The Offi ce of the Corrections Ombudsman auto insurance matt ers. addresses issues, problems or complaints of Stefanie Brand, Division Director those confi ned to the New Jersey state correctional system. Eric Max, Director, Division of Citizen Re- Safeguarding Children lations and Offi ce of Dispute Sett lement The Offi ce of the Child Advocate, an inde- Donna Jago, Director, Offi ce of Citizen pendent agency within the Department of Relations the Public Advocate, works to protect the interests of children who are at risk of abuse Dan DiBenedett i, Corrections Ombudsman or neglect. The Child Advocate seeks to improve the safety and well-being of New Jersey’s children through investigation, Fighting For Consumers policy and practice reform, public reporting, The Division of Rate Counsel ensures that hearings, litigation and other strategies. In utility consumers receive safe, adequate 2008, at the Governor’s direction, the Public and proper service at aff ordable rates. The Advocate assumed the responsibilities of the division examines each request by a public Child Advocate on an acting basis. utility for a change in rates or service terms, with the goal of protecting ratepayers from Ronald K. Chen, Acting Child Advocate

PUBLIC ADVOCATE: A VOICE FOR THE PEOPLE | 67 Contact Us

In addition to advocating for broad public policy change, the Department of Public Ad- vocate helps individuals with speciﬁ c concerns related to the care of the institutionalized elderly, interaction with local and state governmental agencies and inmates conﬁ ned to state prisons. Email: [email protected]

Department of the Public Advocate 240 West State Street, 16th Floor P.O. Box 851 Trenton, NJ 08625-0851 Phone: (609) 826-5090 Fax: (609) 984-4747 (fax)

Division of Citizen Relations Phone: (609) 826-5070 Fax: (609) 984-4770

Oﬃ ce of the Ombudsman for the Institutionalized Elderly Phone: (877) 582-6995 Fax: (609) 943-3479

Oﬃ ce of Dispute Sett lement Phone: (609) 292-1773 Fax: (609) 292-6292

Oﬃ ce of the Corrections Ombudsman Phone: (609) 292-8020 or (609) 633-2596 Fax: (609) 633-8644

Oﬃ ce of the Child Advocate Phone: (609) 984-1188 Hotline: 1-877-543-7864 Fax: (609) 292-1433