November 25, 2008 - 12:13pm
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Senate Approves Allen Bill That Expands Rights For Developmentally Disabled

Heads to Governor's Desk to be Signed into Law

Legislation sponsored by Senator Diane Allen (R-7) that expands rights for developmentally disabled individuals was unanimously passed by the Senate and is on its way to becoming law. "I want to thank all my Senate colleagues for understanding that this bill is about civil rights and ending discrimination, " Allen said.

Senate Bill 1650/Assembly Bill 2259 extends the rights under the Developmentally Disabled Right Act to those individuals who receive self-directed support services and live in their own home, the home of a family member or guardian, or some other similar living environment. Under current law, the Developmentally Disabled Right Act only applies to those who live in community residential facilities or State developmental centers.

"People with disabilities, who live by themselves, with family members, or in any other non-institutional setting, should be afforded the same protection under the law as those who live in residential facilities, " Allen, who is a member of the Senate Health Human Services and Senior Citizens Committee, stated. "Innovative approaches are needed to meet the needs of persons with developmental disabilities and this legislation helps to achieve that goal."

The rights expanded by the law prohibit discrimination, deprivation of certain rights, or a presumption of incompetence by reason of a person with developmental disabilities receiving services from the Division of Developmental Disabilities (DDD). Developmental disabilities include severe disabilities attributable to mental retardation, autism, cerebral palsy, epilepsy, spina bifida, and other neurological impairments.

"Protecting and expanding the rights of those with special care needs has been and will continue to be a top legislative priority of mine, " Allen concluded.

JOHN GORMAN can be reached via email at jgorman@njleg.org.

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