HomeMy Public PortalAboutr 03:044No. 03-44 Date of Adoption January 16, 2003
ENDORSING A-2855 /
MATTHEW'S LAW LIMITING THE USE OF RESTRAINTS
WHEREAS, individuals with developmental disabilities arc amongst thc
most vulnerable members of our society; and
WHEREAS, many individuals with developmental disabilities are in nccd of
serviccs providcd by facilitics operated by public or private agcncies, organizations
or institutious; and
WHEREAS, under current.law, these individuals may bc subject to the use
of physical and mcchanical restraints as planned interventions as part of approved
behavior modification plans, and as a rcsult of inclusion in these plans, the unusual
incident reporting rcqnirements of the Division of Developmcntal Disabilities in the
Department of Human Services do not apply; and
WHEREAS, A-2855 would restrict the use of physical and mechanical
restraints on persons with developmcntal disabilities by providing that, except in
limited circumstanccs, physical and mechanical restraints may bc used in emergency
situations only; and further provides for strict reporting requirements with regard to
the usc of both physical and nrechanical restraints; and
WHEREAS, specifically, under the provisions of the bill, a person receiving
services as an individual with developmental disabilities at a public or private facility
or from a public or private agency that provides services for persons with
dcvelopmental disabilities, would not bc subject to physical and/or mcchanical
restraints except in the vcry limited circumstances outlined in the bill; and
WHEREAS, the bill also provides that, as a condition of liccnsure, a private
facility or agency that provides sendces for pcrsons with traumatic brain injury shall
not usc aversive techniques on persons with traumatic brain injury, and shall not use
physical or mcchanical restraints unless that use is in accordance with the
procedures outlined in thc bill; and
WHEREAS, in addition, the bill includes a provision requiring staff training
in positive approaches to behavior and completion of a course in understanding tbe
legal and ethical responsibilities of said staff' members, and the bill also requires the
Department of Human Services to develop and maintain a wcbsite for statistical
information about the number of nnusual incidences occurring at public or private
No. 03-44 PAGE 2
facilities or agencics, as well as any reports or findings from any State monitoring
agencics; and
WHEREAS, the bill dcfines "emergency" as a situation in which immediatc
intervention is necessary to protect the physical safety of a pcrson receiving services
at a facility or from a public or private agency, or to protect the safety of others from
an immediate threat of serious physical injury; and
WHEREAS, thc bill is intcnded to reduce the usc of physical and mechanical
restraints by allowing the same only in emergency situations, and to eliminate
adverse techniques in the State and to address the tragic situation that occurrcd at a
State-licensed facility in Haddonfield, where a tccnage boy with autism, named
Matthew, xvas improperly restraincd and left unattended; and
WHEREAS, A-2855 is supported by the Family Alliancc to Stop Abuse and
Neglect, '.he Carterct Office on the Disabled, and the family of Danielle Gruskowski.
NOW, THEREFORE, BE IT RESOLVED that thc Mayor and Council of
the Borough of Carteret, County of Middlcsex, and State of New Jersey, hereby
endorse A-2855 Matthew's Law Limiting the Use of Restraints; and
BE IT FURTHER RESOI.VED that a copy of this Resolution be
forwarded to Senator Joseph Vitale, Assemblywoman Arlcne Friscia, and
Assemblyman John Wisnciwski.
Adopted this 16th day of January, 2003 and
ccrtified as a true copy of the original on
January 17, 2003.
KATHLEEN M. BARNEY, RMC/CMC
Municipal Clerk
RECORD OF COUNCIL VOTE t r
X - Indic;lie Vote AB - Absent NV - Nol Volillg XOR - Indicmes Vote lo Overrule Veto
Adopted at a meeting o1' tim Municip;~l Council
. y_.]ANIIJAI}¥ !6, 2003