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
