Abuse & Neglect

Disability Rights New Jersey can receive allegations from any source on behalf of any individual with a disability in any setting throughout the state. Our scope of investigation or intervention, however, may vary depending on a number of factors, such as agency goals and priorities, staff resources, and the specifics of the individual complaint. We may also consider the seriousness of the complaint, involvement of other investigative or licensing entities, type of setting, and number of individuals affected. 

Disability Rights NJ can exercise its investigative authority in any circumstance where there is probable cause to believe that someone with a disability has been subject to abuse or neglect.   

Probable cause means that we have reasonable grounds to believe that a person with disabilities has been or may be subject to abuse or neglect, including if their health or safety is in immediate jeopardy.  The law gives Disability Rights NJ the power to make a determination of probable cause in its sole discretion.  

Abuse means any action that causes injury or death to a person with a disability.  The act can be physical or verbal.  

Neglect means a failure to act or to act with due care by someone with a duty to assist, support, or serve a person with disabilities which causes injury or death to the person.   

In the case of either abuse or neglect, the injury can include physical and psychological harm.   

If there is reason to believe any individual is in serious or immediate jeopardy, the Director and/or assigned staff must contact the proper authorities to intervene in addition to any investigation we conduct. 

We conduct our investigations pursuant to our federal authority to independently investigate allegations of abuse or neglect against people with disabilities in New Jersey.  

Conducting an investigation does not make us the caller or the alleged victim’s lawyer.  This means we may not necessarily share (1) scope of investigation, (2) progress of the investigation, or 3) outcome of the investigation with them. We are bound by specific standards of confidentiality depending upon program funding.  

Ways We Investigate

Limited investigation/advocacy

Disability Rights NJ conducts some fact finding, which can include communication with the individual, the referrer, or others who have information about the allegation. We may provide the caller, legal guardian, or the individual information about appropriate reporting avenues and information about the process of investigations by other agencies based on the specifics of the complaint. This may also involve DRNJ reporting to appropriate oversight authorities or verifying that recommended corrective actions have been implemented. Even if no further investigation is conducted, we track and analyze all complaints to inform future monitoring or systemic investigation objectives. 

Primary investigation

Disability Rights NJ conducts a full primary investigation, which may include interviewing witnesses, visiting the site of the incident, requesting, and reviewing records, video, or other activities related to gathering necessary information to reach our own conclusion. 

Secondary investigation

Disability Rights NJ conducts a secondary investigation, which can include requesting and reviewing records related to another agency or oversight authority’s primary investigation, speaking with investigators, confirming that the primary investigation was thorough and complete. In evaluating a report of a primary investigation, Disability Rights NJ looks to see if there is evidence that certain immediate steps were taken when necessary. Some examples include looking to see if the incident was reported timely and to the proper reporting entity, if treatment was necessary and/or provided, and if there is ongoing or future risk to the individual(s). We also assess primary investigations based on the witnesses interviewed, records considered, conclusions, and corrective actions plans implemented, if any. 

Systemic investigation

Investigation prompted by a complaint(s) that affect more than one individual or that indicate abuse and/or neglect is not contained to an isolated incident. Disability Rights NJ can conduct systemic investigations when we have probable cause to believe that abuse or neglect may be widespread. We would typically apply the same activities used in an individual investigation. 

How We Address Allegations

• Engaging in unannounced visits to facilities to find whether there are dangerous conditions, practices, or fundamental rights violations 

• Performing secondary investigations that examine the findings and recommendations of state and federal investigators 

• Tracking and analyzing reports of deaths and serious incidents; make recommendations to address identified problems 

• Collaborating with government investigators 

• Sharing findings and recommendations with state agencies, service providers and/or the public 

• Referring for legal action when appropriate