Christie demands changes to strict group home oversight bill spurred by choking death

TRENTON -- Gov. Chris Christie said he would sign a law that imposes tougher oversight over group homes for people with developmental disabilities, but not the "impractical" version state lawmakers approved last month.

In a conditional veto statement released Sunday, the governor offered up a less ambitious version of the legislation, (A-2503) named after Stephen Komninos, a man who choked to death while under the supervision of a paid caretaker.

Both the Assembly and the Senate, if it agrees with the changes, must vote again on the revised legislation and return it to the governor for his signature before it becomes law.

Christie's revised version of the bill would:

  • Require the state to make two unannounced visits at group homes a year, but not at vocational, job or other "day" programs that were called for under the original bill.
  • Mandate that group home operators must call a parent or guardian within two hours following an injury or other critical incident, but gives an eight-hour window if the extenuating services are explained in writing. The original bill gave an hour window.
  • Remove second-degree status to all criminal offenses committed by a paid caretaker, which would have led to potentially longer prison terms.

The bill retains the requirement that group home workers undergo drug testing before they are hired, and random drug testing if employers have reason to suspect drug use.

"I applaud the efforts of the Legislature in exploring additional methods by which to rid the State of abuse, neglect, and exploitation of some of the State's most vulnerable citizens," according to the governor's conditional veto message.

"However, I am concerned that many of the provisions of this bill are not only impractical but also fail to consider important competing interests, including the need for confidentiality, flexibility, an unbiased investigatory process, and the avoidance of irresponsible spending through unfunded mandates," the veto message said.

Senate President Stephen Sweeney (D-Gloucester) the father of a woman with developmental disabilities and one of the bill's prime sponsors, issued a statement saying he was prepared to accept Christie's suggestions.

"I want to thank the advocates, the individuals and the families who have stayed engaged on this issue and have worked to find a solution that will be effective in providing safety standards and accountability for the care and treatment of those with disabilities," Sweeney's statement said.

Sen. Jennifer Beck (R-Monmouth), also said she would accept the changes, saying what remains is still likely a national model to protect people with autism, cerebral palsy and other intellectual and developmental disabilities.

"No one should ever have to endure the horrors that Stephen (Komninos) went through," Beck added. "The law we have named in his memory will establish a comprehensive set of checks and balances to ensure that every resident at every facility in New Jersey is safe and receiving the proper care."

Tom Komninos of Upper Saddle River, Stephen's father, and other families have fought for the bill since his death a decade ago. In an email, Komninos declined to comment.

In June, there were 6,173 people living in group homes and 1,563 people living in supervised apartments, Human Services spokeswoman Pam Ronan said. The department licenses 2,340 group homes, supervised apartments and day programs.

Susan K. Livio may be reached at slivio@njadvancemedia.com. Follow her on Twitter @SusanKLivio. Find NJ.com Politics on Facebook.

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