New Jersey Caregivers, Adults with Developmental Disabilities Secure A Say Over State Aid

A unanimous decision handed down by the New Jersey Supreme Court on March 1 struck down rules that currently determine qualifications for services of adults with developmental disabilities. The decision could affect thousands of families that have cared for their loved ones before applying for services from the Department of Developmental Disabilities (DDD) later in life.


The ruling eases the standard for families by giving greater weight to a family member’s story describing a loved one’s disability. Prior to the state’s high court decision, families were denied services if they failed to prove the disability occurred before the individual reached the age of 22, which was the state and federal benchmark. Families had to dig up documentation, such as medical and school records, to verify proof, which naturally posed obstacles in seeking services for adults, some over 50 years old.


In its decision the court said that the DDD overstepped the Developmental Disabilities Act, saying it was inappropriate to cast off the testimony of family members. The decision stems from a 55 year-old man, T.H., diagnosed with Asperger’s Ssyndrome, who was cared for by his parents until their deaths in 2000. It was then that T.H.’s sister applied for services through DDD and was subsequently denied.


“This is good news for a large number of adults with autism, particularly Asperger’s Syndrome, who have not been known to DDD,” said COSAC Executive Director Paul Potito. “Also, family experiences are an invaluable consideration and we are pleased that DDD must now recognize that value.” Potito said.


Paul Prior, of Hinkle, Fingles and Prior, who represented T.H. and his siblings said that, “many families choose to provide for their loved ones at home . . . To be punished for such a choice is blatantly unfair.”


“Families can rest easier knowing that they can appeal bureaucratic decisions and get services for their loved ones if they can persevere,” said COSAC’s Director of Adult Resources Leslie Long. “Siblings in particular can take comfort in the fact that there is help for their adult brothers or sisters with autism.”