New Jersey Disability Issues
New Jersey Removes Demeaning Terms From State Laws And Regulations
On Monday, August 16, 2010, Governor Chris Christie signed legislation that removes outdated, disrespectful terminology that refers to persons with developmental disabilities from all New Jersey statutes and regulations.
The bill, S-1982, eliminates references such as "mental retardation," "mentally retarded" and "feeble-minded," replacing the terms with "intellectual disability" or "developmental disability."
All future legislation will encompass these changes.
"We live in the 21st Century and our laws must reflect that distinction," said Governor Christie. "Those with intellectual disabilities are an important part of the fabric of New Jersey. Using antiquated, degrading terms to describe individuals with disabilities is an affront to the integrity of the person and their family, and below our common decency as a people. I am proud to move the language of New Jersey’s laws and regulations beyond such terminology."
The legislation also updates and replaces references in Title 30 of the Revised Statutes to "mentally retarded" and "mental retardation" with the terms "developmentally disabled" and "developmental disability," These changes also reflect the fact that the Division of Developmental Disabilities in the Department of Human Services serves all persons with developmental disabilities.
"When it comes to New Jerseyans living with developmental disabilities, words matter," said Senate President Stephen M. Sweeney, sponsor of the bill. "The bill would replace demeaning, hurtful and antiquated terms for individuals with developmental disabilities to recognize that people are not defined by their disability, but by the character and strength they exhibit. Rather than marginalizing and demoralizing a segment of our population with the language used in our laws, we should strive to do better to educate the public about the accomplishments and contributions of people with developmental disabilities.”
In addition, two inoperative statutes were repealed. One established the E.R. Johnstone Training and Research Center, which closed in 1992, and the other authorized the Commissioner of Institutions and Agencies to regulate hospitals and other health care facilities, a responsibility transferred to the Department of Health and Senior Services in 1971.
The legislation was sponsored by Senate President Stephen M. Sweeney (D-Salem, Cumberland and Gloucester) Senator Joseph. F. Vitale (D-Middlesex), Assemblywoman Valerie Vainieri Huttle (D-Bergen) as well as Assemblyman Thomas P. Giblin (D-Essex and Passaic), Assemblyman Albert Coutinho (D-Essex and Union), Assemblyman John J. Burzichelli (D-Salem, Cumberland and Gloucester) and Assemblyman Louis D. Greenwald (D-Camden).
The New Jersey Council on Developmental Disabilities is working to change public attitudes and perceptions about people with developmental disabilities. It recently launched a website, JustSaySomething.org to encourage dialogue about disability issues in New Jersey and around the country.
"Good advocacy is not only about changing those things that are not working, it is also about noticing and supporting those things that are. Community leaders, business leaders and lawmakers need to know that people with disabilites are here, we are paying attention, and we have a lot to say," says Dr. Alison Lozano, Executive Director of the Council.
Bill Introduced to Reduce Population in State's Developmental Centers
On January 13, 2009, State Assemblyman Louis Greenwald (D, Camden) introduced legislation that would change the way the Department of Developmental Disabilities will provide services. The bill proposes closing five of the state's seven developmental centers over the next five years and strengthening and expanding services and supports for individuals with developmental disabilities living in the community. A companion bill, S-2654, was introduced in the Senate by Josephy Vitale (D-Middlesex) on February 26, 2009.
According to Greenwald and the bill's supporters, the bill, A-3625, will reconfigure the facilities system and improve the quality of life for men and women with developmental disabilities in the state of New Jersey.
The New Jersey Association of Community Providers encourages support of both bills. For more information, visit the NJACP website.
National Disability Issues
Bill Introduced to make Federally Funded Housing Accessible in the Future
People with mobility impairments have limited access to most homes constructed with federal assistance because there are currently no federal standards for accessibility features that these homes must include. However, new legislation introduced today by Rep. Jan Schakowsky, D-IL, the Inclusive Home Design Act (HR 1408) would greatly increase the number of homes that are accessible for people with disabilities.
"Universal standards for homes built with federal money are long past due," said Rep. Schakowsky. "Implementing accessible features when homes are built is a simple matter of fairness, cost effectiveness, and common sense."
he Inclusive Home Design Act aims to increase the residence and accessibility options available to mobility-impaired individuals by employing "visitability" standards. The principles of visitability and inclusive home design seek to create homes that are affordable, sustainable, and utilize a design approach that integrates accessibility features into newly-built homes.
Specifically, the Inclusive Home Design Act would require that all newly-built single-family homes and townhouses receiving federal funds meet four specific standards:
- Include at least one accessible ("zero step") entrance into the home
- Ensure all doorways on the main floor have a minimum of 32 inches of clear passage space
- Build at least one wheelchair accessible bathroom on the main floor
- Place electrical and climate controls (such as light switches and thermostats) at heights reachable from a wheelchair
The legislation applies to new construction, not renovations of existing homes. The average added cost per home for the required features run from $98 (for homes built on a concrete slab) to $573 (for homes with a basement or crawl space); however, retrofitting a home can cost several thousand dollars. In multi-story homes, the requirements apply only to the main floor.
Residents who develop disabilities or face age-related mobility problems often face expensive renovations at their own cost or public cost. More often, when renovations are unfeasible, residents live in unsafe conditions or are displaced from their homes into nursing homes. Additionally, disabled people - from children to the elderly and their families - can become socially isolated because architectural barriers in homes prevent them from visiting their friends, neighbors and extended family.
The Right to Vote
Voting is the cornerstone of our democracy. Many national and state organizations serving individuals with disabilities have set about to provide assistance to ensure that voters with disabilities can exercise their right to vote. In New Jersey, state voters who encounter difficulties should contact the local county election office or the NJ Office of the Attorney General at www.njelections.org at the” Voting Accessibility” website link. On election days, voters can call a NJ Election Protection Coalition hotline at 1-866-687-8683 to report problems and receive advice on what to do.
