Waiting
Lists for Adult Day Services
by
Herbert D. Hinkle, Esq. and S. Paul Prior, Esq.
Herbert D. Hinkle
Law Office
2651 Main Street
Lawrenceville, New Jersey 08648
(609) 896-4200 or (215) 860-2100
A variety of day
programs are available from the New Jersey Division of Developmental
Disabilities. They range from workshop and activity programs to supportive
employment in competitive work situations. From time to time, funding
has not been sufficient to meet the demand for such services, and
DDD has used waiting lists which are regionally administered.
DDD regulations
permit a person to be placed on a waiting list for day services 5
years prior to graduation. Therefore for families of school age children
who have planned well, a waiting list should not be a problem.
But, what happens
if a person is still on a waiting list upon graduating from school
at age 21? In some cases it might be illegal for DDD to refuse immediate
services despite its waiting list. For example, in a case recently
handled by this office, a child with significant behavior problems
was denied services by DDD upon graduation. The case was quickly settled
in view of the significant risk of regression both in terms of skills
and behavior.
Related articles
on transition planning and waiting lists for residential services
are on the authors’ website.
Copyright 2003
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.
