A legal advocacy group is expected to announce that it filed a lawsuit against the New Jersey Department of Human Services on behalf of a family denied information about an episode they say traumatized their 41-year-old severely disabled son living in a state institution.
Rosamund and Daniel Caliendo of Hampton said they arrived at the Hunterdon Developmental Center in Clinton for a holiday party on Dec. 1, 2007 to find their son, Damian, in his electronic wheelchair facing a wall with the chair's front wheels suspended in the air and the tray table jabbed into his stomach.
Their son, who cannot speak and is diagnosed with cerebral palsy, a seizure disorder and other medical conditions that required neck surgery a year earlier, "was scared to death he was going to fall." No one at the party came forward to explain what happened to Damien, who has lived at the institution for 30 years. The family believes an employee placed him in an unlawful restraint to punish him. They filed a complaint and demanded an investigation.
But when the Caliendos asked for the investigative report, the department gave them only a summary saying "staff did not act according to policy," and "additional training will be conducted." The summary did not include information about who was responsible or whether anyone had been punished.
Disability Rights New Jersey tried to obtain a copy of the report on the family's behalf but was told state law does not permit the department from sharing investigative reports without a court order.
Full Article and Source:
Disability Rights group sues N.J. to get report about disabled man's alleged abuse
Rosamund and Daniel Caliendo of Hampton said they arrived at the Hunterdon Developmental Center in Clinton for a holiday party on Dec. 1, 2007 to find their son, Damian, in his electronic wheelchair facing a wall with the chair's front wheels suspended in the air and the tray table jabbed into his stomach.
Their son, who cannot speak and is diagnosed with cerebral palsy, a seizure disorder and other medical conditions that required neck surgery a year earlier, "was scared to death he was going to fall." No one at the party came forward to explain what happened to Damien, who has lived at the institution for 30 years. The family believes an employee placed him in an unlawful restraint to punish him. They filed a complaint and demanded an investigation.
But when the Caliendos asked for the investigative report, the department gave them only a summary saying "staff did not act according to policy," and "additional training will be conducted." The summary did not include information about who was responsible or whether anyone had been punished.
Disability Rights New Jersey tried to obtain a copy of the report on the family's behalf but was told state law does not permit the department from sharing investigative reports without a court order.
Full Article and Source:
Disability Rights group sues N.J. to get report about disabled man's alleged abuse
4 comments:
Whatever happened to transparency and accountability?
Yes, Rosamund and Daniel Caliendo's son was scared. Imagine being unable to defend yoursellf and to have this done to you.
We must follow this lawsuit. Hopefully Disability Rights will be able to go toe to toe with Hunderdon Developmental Center and get some justice.
And - every person with a loved one in this facility should take heed.
If they'll do it to Damian, they'll do it to anyone.
Good. Sue the pants off of them!
You shouldn't have to sue someone to get a report. That's how crazy the law has become.
It's not about justice or doing the right thing.
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