Bill Text: NJ S3399 | 2020-2021 | Regular Session | Introduced
Bill Title: Establishes civil action for abuse, neglect, exploitation or bullying of minor or adult with disability; provides that bullying of vulnerable adult may constitute grounds for investigation by adult protective services and report to law enforcement.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2021-02-04 - Introduced in the Senate, Referred to Senate Judiciary Committee [S3399 Detail]
Download: New_Jersey-2020-S3399-Introduced.html
Sponsored by:
Senator LINDA R. GREENSTEIN
District 14 (Mercer and Middlesex)
SYNOPSIS
Establishes civil action for abuse, neglect, exploitation or bullying of minor or adult with disability; provides that bullying of vulnerable adult may constitute grounds for investigation by adult protective services and report to law enforcement.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the bullying of disabled persons, amending P.L.1993, c.249 and N.J.S.2A:14-2 and supplementing Title 2A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.2A:14-2 is amended to read as follows:
2A:14-2. a. Except as otherwise provided by law, every action at law for an injury to the person caused by the wrongful act, neglect or default of any person within this State shall be commenced within two years next after the cause of any such action shall have accrued; except that an action by or on behalf of a minor that has accrued for medical malpractice for injuries sustained at birth shall be commenced prior to the minor's 13th birthday.
b. In the event that an action by or on behalf of a minor that has accrued for medical malpractice for injuries sustained at birth is not commenced by the minor's parent or guardian prior to the minor's 12th birthday, the minor or a person 18 years of age or older designated by the minor to act on the minor's behalf may commence such an action. For this purpose, the minor or designated person may petition the court for the appointment of a guardian ad litem to act on the minor's behalf.
c. (1) Every action at law for an injury to a minor with a disability under the age of 18 where such injury resulted from abuse, neglect, exploitation, or bullying as defined in section 2 of P.L.1993, c.249 (C.52:27D-407) and the injury occurred prior to, on, or after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be commenced within 37 years after the minor reaches the age of majority, or within seven years from the date of reasonable discovery of the injury and its causal relationship to the act, whichever is later.
(2) Every action at law for an injury to an adult with a disability aged 18 or older where such injury resulted from abuse, neglect, exploitation, or bullying as defined in section 2 of P.L.1993, c.249 (C.52:27D-407) that occurred prior to, on, or after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be commenced within seven years from the date of reasonable discovery of the injury and its causal relationship to the act.
(cf: P.L.2019, c.120, s.1)
2. (New section) a. As used in P.L. , c. (C. ) (pending before the Legislature as this bill), "disability" has the meaning set forth in subsection q. of section 5 of P.L.1945, c.169 (C.10:5-5).
b. A minor under the age of 18 with a disability shall have a cause of action for injury resulting from abuse, neglect, exploitation, or bullying as defined in section 2 of P.L.1993, c.249 (C.52:27D-407). The action shall be commenced within the time period set forth in paragraph (1) of subsection c. of N.J.S.2A:14-2.
c. An adult aged 18 or older with a disability shall have a cause of action for injury resulting from abuse, neglect, exploitation, or bullying as defined in section 2 of P.L.1993, c.249 (C.52:27D-407). The action shall be commenced within the time period set forth in paragraph (2) of subsection c. of N.J.S.2A:14-2.
3. Section 2 of P.L.1993, c.249 (C.52:27D-407) is amended to read as follows:
2. As used in this act:
"Abuse" means the willful infliction of physical pain, injury or mental anguish, unreasonable confinement, or the willful deprivation of services which are necessary to maintain a person's physical and mental health.
"Bullying" means any gesture, any written, verbal, or physical act, or any electronic communication that causes a reasonable person to fear for his safety or fear damage to his property.
"Caretaker" means a person who has assumed the responsibility for the care of a vulnerable adult as a result of family relationship or who has assumed responsibility for the care of a vulnerable adult voluntarily, by contract, or by order of a court of competent jurisdiction, whether or not they reside together.
"Commissioner" means the Commissioner of Human Services.
"Community setting" means a private residence or any noninstitutional setting in which a person may reside alone or with others, but shall not include residential health care facilities, rooming houses or boarding homes or any other facility or living arrangement subject to licensure by, operated by, or under contract with, a State department or agency.
"County adult protective services provider" means a county Board of Social Services or other public or nonprofit agency with experience as a New Jersey provider of protective services for adults, designated by the county and approved by the commissioner. The county adult protective services provider receives reports made pursuant to this act, maintains pertinent records and provides, arranges, or recommends protective services.
"County director" means the director of a county adult protective services provider.
"Department" means the Department of Human Services.
"Emergency medical technician" means a person trained in basic life support services as defined in section 1 of P.L.1985, c.351 (C.26:2K-21) and who is certified by the Department of Health to provide that level of care.
"Exploitation" means the act or process of illegally or improperly using a person or his resources for another person's profit or advantage.
"Firefighter" means a paid or volunteer firefighter.
"Health care professional" means a health care professional who is licensed or otherwise authorized, pursuant to Title 45 or Title 52 of the Revised Statutes, to practice a health care profession that is regulated by one of the following boards or by the Director of the Division of Consumer Affairs: the State Board of Medical Examiners, the New Jersey Board of Nursing, the New Jersey State Board of Dentistry, the New Jersey State Board of Optometrists, the New Jersey State Board of Pharmacy, the State Board of Chiropractic Examiners, the Acupuncture Examining Board, the State Board of Physical Therapy Examiners, the State Board of Respiratory Care, the Orthotics and Prosthetics Board of Examiners, the State Board of Psychological Examiners, the State Board of Social Work Examiners, the State Board of Examiners of Ophthalmic Dispensers and Ophthalmic Technicians, the Audiology and Speech-Language Pathology Advisory Committee, the State Board of Marriage and Family Therapy Examiners, the Occupational Therapy Advisory Council, the Certified Psychoanalysts Advisory Committee, and the State Board of Polysomnography. "Health care professional" also means a nurse aide or personal care assistant who is certified by the Department of Health.
"Neglect" means an act or failure to act by a vulnerable adult or his caretaker which results in the inadequate provision of care or services necessary to maintain the physical and mental health of the vulnerable adult, and which places the vulnerable adult in a situation which can result in serious injury or which is life-threatening.
"Protective services" means voluntary or court-ordered social, legal, financial, medical or psychiatric services necessary to safeguard a vulnerable adult's rights and resources, and to protect a vulnerable adult from abuse, neglect or exploitation. Protective services include, but are not limited to: evaluating the need for services, providing or arranging for appropriate services, obtaining financial benefits to which a person is entitled, and arranging for guardianship and other legal actions.
"Vulnerable adult" means a person 18 years of age or older who resides in a community setting and who, because of a physical or mental illness, disability or deficiency, lacks sufficient understanding or capacity to make, communicate, or carry out decisions concerning his well-being and is the subject of abuse, neglect [or] , exploitation, or bullying. A person shall not be deemed to be the subject of abuse, neglect [or], exploitation, or bullying or in need of protective services for the sole reason that the person is being furnished nonmedical remedial treatment by spiritual means through prayer alone or in accordance with a recognized religious method of healing in lieu of medical treatment, and in accordance with the tenets and practices of the person's established religious tradition.
(cf: P.L.2012, c.17, s.424)
4. Section 4 of P.L.1993, c.249 (C.52:27D-409) is amended to read as follows:
4. a. (1) A health care professional, law enforcement officer, firefighter, paramedic or emergency medical technician who has reasonable cause to believe that a vulnerable adult is the subject of abuse, neglect [or], exploitation, or bullying as defined in section 2 of P.L.1993, c.249 (C.52:27D-407) shall report the information to the county adult protective services provider.
(2) Any other person who has reasonable cause to believe that a vulnerable adult is the subject of abuse, neglect[or], exploitation, or bullying as defined in section 2 of P.L.1993, c.249 (C.52:27D-407) may report the information to the county adult protective services provider.
b. The report, if possible, shall contain the name and address of the vulnerable adult; the name and address of the caretaker, if any; the nature and possible extent of the vulnerable adult's injury or condition as a result of abuse, neglect[or], exploitation, or bullying as defined in section 2 of P.L.1993, c.249 (C.52:27D-407); and any other information that the person reporting believes may be helpful.
c. A person who reports information pursuant to this act, or provides information concerning the abuse of a vulnerable adult to the county adult protective services provider, or testifies at a grand jury, judicial or administrative proceeding resulting from the report, is immune from civil and criminal liability arising from the report, information, or testimony, unless the person acts in bad faith or with malicious purpose.
d. An employer or any other person shall not take any discriminatory or retaliatory action against an individual who reports abuse, neglect[or], exploitation, or bullying as defined in section 2 of P.L.1993, c.249 (C.52:27D-407) pursuant to this act. An employer or any other person shall not discharge, demote or reduce the salary of an employee because the employee reported information in good faith pursuant to this act. A person who violates this subsection is liable for a fine of up to $1,000.
e. A county adult protective services provider and its employees are immune from criminal and civil liability when acting in the performance of their official duties, unless their conduct is outside the scope of their employment, or constitutes a crime, actual fraud, actual malice, or willful misconduct.
(cf: P.L.2009, c.276, s.2)
5. Section 14 of P.L.1993, c.249 (C.52:27D-419) is amended to read as follows:
14. If the county director or his designee has reasonable cause to believe that a caretaker or other person has committed a criminal act against a vulnerable adult including, but not limited to, P.L.1989, c.23 (C.2C:24-8) or section 1 of P.L.2015, c.186 (C.2C:24-7.1), he shall immediately report the information to local law enforcement officials or the prosecutor of the county in which the alleged criminal act was committed. If the report is made orally, a written report shall follow in a timely manner.
(cf: P.L.1993, c.249, s.14)
STATEMENT
This bill provides for a specific civil action by a disabled minor or disabled adult for injury resulting from abuse, neglect, exploitation, or bullying.
The bill's definition of "disability" is the same as the definition set forth in the Law Against Discrimination, P.L.1945, c.169 (C.10:5-1 et seq.): "physical or sensory disability, infirmity, malformation, or disfigurement which is caused by bodily injury, birth defect, or illness including epilepsy and other seizure disorders, and which shall include, but not be limited to, any degree of paralysis, amputation, lack of physical coordination, blindness or visual impairment, deafness or hearing impairment, muteness or speech impairment, or physical reliance on a service or guide dog, wheelchair, or other remedial appliance or device, or any mental, psychological, or developmental disability, including autism spectrum disorders, resulting from anatomical, psychological, physiological, or neurological conditions which prevents the typical exercise of any bodily or mental functions or is demonstrable, medically or psychologically, by accepted clinical or laboratory diagnostic techniques. Disability shall also mean AIDS or HIV infection."
Under the bill, every civil action for an injury to a minor with a disability under the age of 18 where such injury resulted from abuse, neglect, exploitation, or bullying and the injury occurred prior to, on, or after the effective date of the bill would be required to be commenced within 37 years after the minor reaches the age of majority, or within seven years from the date of reasonable discovery of the injury and its causal relationship to the act, whichever is later. The bill provides that every civil action for an injury to an adult with a disability aged 18 or older where such injury resulted from abuse, neglect, exploitation, or bullying that occurred prior to, on, or after the effective date of the bill would be required to be commenced within seven years from the date of reasonable discovery of the injury and its causal relationship to the act.
The bill also provides that the bullying of a "vulnerable adult" may constitute grounds for an investigation by adult protective services and a report to law enforcement for possible criminal prosecution.
Under the "Adult Protective Services Act," P.L.1993, c.249 (C.52:27D-406 et seq.), a health care professional, law enforcement officer, firefighter, paramedic or emergency medical technician who has reasonable cause to believe that a vulnerable adult is the subject of abuse, neglect or exploitation must report the information to the county adult protective services provider. Other persons with such reasonable cause may report the information.
The act defines a "vulnerable adult" as "a person 18 years of age or older who resides in a community setting and who, because of a physical or mental illness, disability or deficiency, lacks sufficient understanding or capacity to make, communicate, or carry out decisions concerning his well-being and is the subject of abuse, neglect or exploitation."
Under the Adult Protective Services Act, the county adult protective services provider must initiate an investigation within 72 hours of a report. If necessary, the provider may petition a court for an order to conduct the investigation. If the provider finds reasonable cause to believe that the vulnerable adult has been the subject of abuse, neglect or exploitation, the provider will determine the need for protective services and arrange for such services. The director of a county adult services provider may petition for a court order for services if he determines that the vulnerable adult will incur a substantial risk of physical harm or deterioration without protective services, and the adult refuses or is unable to consent.
The act further provides that if the county director or his designee has reasonable cause to believe that a caretaker or other person has committed a criminal act against a vulnerable adult, the director must immediately report the information to local law enforcement officials or the county prosecutor.
This bill would add bullying of a vulnerable adult as grounds for an investigation and report. The bill defines "bullying" as "any gesture, any written, verbal, or physical act, or any electronic communication that causes a reasonable person to fear for his safety or fear damage to his property." Under the bill, health care providers and first responders would be required to report bullying, in addition to abuse, neglect, or exploitation, and other persons could report such acts.
In addition, the bill adds to the specific criminal acts that the county director is required to report to law enforcement or the prosecutor a violation of section 1 of P.L.2015, c.186 (C.2C:24-7.1), Endangering Another Person. Under this statute, creating a risk of injury to another person is a criminal offense ranging from a disorderly persons offense to a crime of the third degree, depending on the offender's criminal culpability and the degree of risk of injury to the victim. If the offense is committed against a person with a developmental disability, the criminal penalties are increased by one degree, so that they range from a crime of the fourth degree to a crime of the second degree.
A crime of the second degree is generally punishable by a term of five to 10 years or a fine up to $150,000, or both; a crime of the third degree, by a term of three to five years or a fine up to $15,000, or both; and a crime of the fourth degree, by a term up to 18 months or a fine up to $10,000, or both. A disorderly persons offense is generally punishable by a term of imprisonment of up to six months or a fine of up to $1,000, or both.
