Common
Issues Involving 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
Here is a sampling
of some common issues involving the Division of Developmental Disabilities
("DDD"). Each is represented by an actual case, modified slightly.
1. Priority
for Placement. DDD maintains a waiting list for residential services.
The "urgent" list is the only waiting list that actually moves. The
child of parents 55 or older qualifies as "urgent." But younger parents
can qualify by showing regression, harm or inability to care for the
child. Doris, age 40, is a single parent. Roy has cerebral palsy and
requires considerable lifting. He also appears less alert than in
the past. Doris is under the care of a physician for a back ailment.
In view of the foregoing, Roy was added to the urgent waiting list.
2. Retroactive
Assignment. Harryâs brother, Michael, lives in a group home in
New York. In January 1999, he asked DDD to assign Michael to a waiting
list for placement here. Two years later, he learned of the difference
between "urgent" and "non-urgent" status and recognized that Michael
was on the wrong list. DDD eventually made an adjustment retroactive
to 1999.
3. Emergency
Placement. Placement on the urgent waiting list means a wait of
5 years or more. Recognition by DDD of an emergency means immediate
placement. Daniel, age 20, lives with his grandparents. At times,
he can be aggressive. He qualified for immediate emergency placement.
4. Adequacy
of Placement. Lori attended a specialized school for children
with autism. Upon graduation, DDD proposed placement in a vocational
program closer to her home, but which did not emphasize community
work experience and behavioral programming. Eventually, DDD recognized
that the program it offered was not appropriate and agreed to continue
placement at the school.
As this article
is being written, DDD is proposing to rewrite its guidelines for placement.
A future column will deal with this subject.
Copyright 2001
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.
