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Tuesday, July 17, 2012

DAMIAN CALIENDO, ETC. VS. JENNIFER VELEZ, ET AL A-3773-10T3


DAMIAN CALIENDO, ETC. VS. JENNIFER VELEZ, ET AL A-3773-10T3

A regulation which provides that incident reports prepared by the Division of Developmental Disabilities are not public records and may be released only by court order does not violate N.J.S.A. 30:4-24.3, which authorizes a developmentally disabled
resident of a state institution to consent to the release of a confidential document that mentions the resident. Therefore, a developmentally disabled resident of a state institution or the resident's guardian is not entitled to unfettered access to a report prepared by a member of the institution's staff regarding an investigation of alleged neglect or abuse of the resident. 07-17-12