Eligibility
for Services from the New Jersey Division of Developmental Disabilities
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
The New Jersey Division of Developmental Disabilities (DDD) is the
principal source of day and residential services for people with developmental
disabilities. For this reason, having your child found eligible
for DDD services is of utmost importance.
DDD services are
governed by state law and implementing regulations. Rather than
require a specific diagnosis, the law takes a functional approach,
defining a developmental disability as:
"A severe
and chronic disability which: (1) is attributable to a mental or
physical impairment or combination of impairments; (2) is manifest
before the age of 22; (3) is likely to continue indefinitely; (4)
results in 'substantial functional limitations' in three of the
following areas of major life activity ¯ self-care, receptive
and expressive language, learning, mobility, self-direction, and
capacity for independent living or economic self-sufficiency; and
(5) results in the need for specialized and general care that is
individually planned."
Although the law
applies a functional analysis to determine whether a person is eligible
for DDD services, often times, DDD still (erroneously, in the authors’
opinion) requires the family to identify a specific disability or
requires the family to show the applicant has an IQ below 70.
One of the authors recently handled a case where DDD failed to use
the functional analysis required by the law. On appeal the Superior
Court found that DDD was wrong in requiring the family to identify
the specific source of the applicant’s disability. The
Court found the family must have the opportunity to show the individual’s
functional limitations make him eligible for DDD services.
It is important
to apply for DDD services early. Waiting until services are
actually needed might add years to your wait. Moreover, elderly
parents who wait until their child is a middle-aged adult, or worse,
who never apply during their lifetimes, are doing a disservice.
Sometimes it becomes difficult to prove a disability will manifest
before the age of 22 because records are lost, parents pass away,
and professional retire or die. It is important to have DDD
involved in the process of transition planning at age 14. This
can be very important in securing residential and day services once
the child turns 21. (See also the article "Changes to the DDD
Waiting List for Residential Services," and several other articles
on the DDD on this website.)
Copyright 2002
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.
