Obtaining
Residential Services from the Division of Developmental Disabilities
by
Herbert D. Hinkle, Esq. and Ira M. Fingles, Esq.
Herbert D. Hinkle
Law Office
2651 Main Street
Lawrenceville, New Jersey 08648
(609) 896-4200 or (215) 860-2100
It's no secret
that residential services for adults with developmental disabilities
are in short supply. Here are some thoughts about how to enhance your
chances of obtaining residential services for your son or daughter.
Over the years,
the Division of Developmental Disabilities has developed a system
of priorities for residential services. There are three priority levels.
The top category, "urgent," is for people who meet any
of the following criteria:
A. Both parents
are 55 years or older.
B. The person
is living with someone other than the parent who is not willing to
provide care any longer.
C. There is a
risk of abuse, neglect, or exploitation.
D. One parent
has a chronic condition that significantly limits the ability to care
for the person.
E. The personâs
health or safety is at risk because of behavior or physical needs.
The second category,
"non-urgent," is for people who do not meet these
criteria, but who, nevertheless, want residential services. The third
category is essentially a "registry" for people who
do not want residential services in the near future.
DDD places clients
from the urgent list based on the length of time on the list. Once
urgent status is obtained, the wait can be 5 to 7 years or longer.
DDD also has a
less well-publicized practice of placing people deemed an "emergency."
Essentially, these people who are seriously at risk or who are homeless.
Unless your son
or daughter is deemed an emergency or urgent, there is virtually no
chance of being placed residentially within the next 10 years. Therefore,
push for one of these categories. The authors have found that in a
number of cases, it has been possible to secure a higher priority.
Each case must be examined individually, paying close attention to
the potential negative effects of waiting.
Assuming you reach
the point when DDD offers residential services, the offer might not
be satisfactory. In one case, that the authors recently litigated,
DDD offered placement in a developmental center. The client needed
a specialized behavioral-oriented program that was not available in
the center. Ultimately, DDD made the placement in a specialized program.
It is important to compare your son or daughterâs needs to the program
offered. If they do not match up, DDD might be required to provide
something more appropriate.
If you have placed
your child on your own, DDD might be required to underwrite placement,
and in some cases, reimburse you for the cost of care already provided.
In these cases beware of some pitfalls. For instance, we have seen
DDD assign a non-urgent priority to clients placed by family, on the
theory that the private placement was meeting the clientâs needs,
and thus, action by DDD was unnecessary. This, of course, is absurd,
and such an approach would penalize clients who make a placement themselves.
In several cases of this nature, DDD has eventually agreed to continue
the placement.
Copyright 2000
H.D. Hinkle. All rights reserved.
Mr. Hinkle maintains
a multi-state law practice with offices in Lawrenceville, Florham
Park, and Marlton, NJ, and Yardley, Pa. Mr. Hinkle and his colleagues
Ira Fingles, and Paul Prior lecture and write frequently on topics
of law, aging, and disability, and are available
to speak to groups in New Jersey and Pennsylvania
at no charge. Call (609) 896-4200.
