Disability Rights NJ filed a lawsuit in the United States District Court of New Jersey against the Commissioners of the New Jersey Department of Health and Department of Human Services, together with their agencies and the State.
This lawsuit addresses the significant harm faced by individuals confined to New Jersey’s State psychiatric hospitals who are subjected to abusive and neglectful conditions, and inappropriately prolonged confinement due to lack of mental health services in the community. These practices violate the Fourteenth Amendment of the United States Constitution, the Americans with Disabilities Act, and Section 504 of the Rehabilitation Act.
Approximately 1,150 people are confined to New Jersey’s State psychiatric hospitals: Ancora Psychiatric Hospital, Greystone Park Psychiatric Hospital, Trenton Psychiatric Hospital, and Ann Klein Forensic Center. Disability Rights NJ’s investigations reveal that people confined to the hospitals are subject to widespread abuse and violent conditions. Individuals have been sexually, physically, and emotionally assaulted, sometimes resulting in permanent injuries or death. Countless patients have told Disability Rights NJ, “I don’t feel safe here.”
“The conditions in our state psychiatric hospitals would not be tolerated in any other healthcare setting...The Commissioners have allowed these conditions to persist for too long, despite reports, investigations, and even lawsuits filed by patients over the past several years,” says Jill Hoegel, Disability Rights New Jersey’s Director of Investigations and Monitoring.
In addition to living in an atmosphere of violence, many patients who no longer meet the standards for involuntary commitment cannot leave for months, even years, while they wait for appropriate community mental health services and supports. The State holds these people against their will on a status called Conditional Extension Pending Placement, or CEPP.
Given these unlawful practices, Disability Rights New Jersey filed suit to protect the rights of these 1,150 people. According to Disability Rights New Jersey Executive Director Gwen Orlowski, "People with disabilities of all kinds, including mental health disabilities, have the right to live in and receive services in the community. The State of New Jersey is failing to meet its legal obligation to provide community-based options for people with mental health disabilities, resulting in the unjust and unnecessary segregation of people with disabilities in large, dangerous, and isolating psychiatric hospitals."
Read the full press release here.
|