38 fined in push to shield disabled

The state Department of Human Services has issued fines of $5,000 against 38 workers in state institutions and privately run group homes for the disabled for failing to call 911 in a medical emergency, a spokesman said.

The employees allegedly violated Danielle's Law, which requires workers to call 911 if they perceive a disabled person in their care is in an actual or potential life-threatening emergency.

Since its passage, employees who work with people with disabilities such as autism and traumatic brain injuries called for an ambulance 9,789 times, said Carol Grant, state director for the Division of Developmental Disabilities. But there have been 61 instances where workers were neglectful by not calling 911, she said

One scenario involved people "who had even been directed to call and did not call 911, more than once," Grant said. "There are some that are very egregious."

Grant said the state has cited 38 workers involved in 11 of the 61 incidents; the state declined to say how many more would be cited in connection with the 50 remaining cases. Grant said she was not aware of any situation in which people died as a result of an employee's inaction.

The law was enacted three years ago in memory of Danielle Gruskowski, a 32-year-old developmentally disabled woman who lived in a group home in Edison and died after not receiving emergency medical care. After spiking a high fever and struggling to breathe during the night, Gruskowski died the following morning, Nov. 5, 2002, at a doctor's office in New Brunswick.

Diane Gruskowski of Carteret, Danielle's mother, expressed relief that the law was finally having an effect.

"It's about time," Gruskowski said yesterday following a ceremony in Trenton to commemorate the law's anniversary. Three state commissioners and several legislators, including state senator and Republican U.S. Senate candidate Tom Kean Jr., attended the ceremony, as did a representative from the office of Kean's opponent, Sen. Robert Menendez (D-N.J.).

But the labor union that represents thousands of employees in state institutions and group homes wants the state to change the law, arguing that the definition of a "potentially life-threatening emergency" is too broad, training of workers is too vague and the fines are "devastating."

Two of those fined, a nurse and a supervisor who each earn $40,000 to $45,000 working at a state developmental center, have appealed the state's decision, said Carolyn Wade, president of Communications Workers of America Local 1040.

"They were not trained on the law before being charged," she said. "I think there are flaws in the law. You can't take one incident and say everything must follow the same track."

To protect its members, CWA has advised them to always err on the side of caution and call for emergency help "to protect themselves."

Gruskowski; her sister, Robin Turner of North Brunswick; and a group of parent activists who lobbied for the law, the Family Alliance to Stop Abuse and Neglect, agree the state's training programs have created confusion. In a statement read during the ceremony yesterday, they called on the state to clarify what the law intended -- to enable workers to protect disabled people in "true medical emergencies."

"Danielle's Law was written to empower these good people -- not threaten them -- to give them the authority they need and deserve, so that when the lives of our family members are at stake, they can do what needs to be done," the statement said.

Grant said her office was willing to improve training, but said the law's language might be contributing to the confusion.

"It involves any life-threatening or potentially life-threatening emergency," which could involve a disabled person's unruly or aggressive behavior, Grant said.

The steep fines are another point Grant expects will continue to raise concern, particularly among the people who run group homes and struggle to attract competent staff.

Deborah Spitalnik, executive director of the Elizabeth M. Boggs Center on Developmental Disabilities, said the law has succeeded in ensuring disabled people have a basic right of safety.

"But we really need to be doing more," Spitalnik added, "in terms of training direct support professionals, ensuring people are earning a living wage and have career advance opportunities ... and can help people with developmental disabilities achieve dignity and full lives."

Susan K. Livio covers human services. She may be reached at slivio@starledger.com or (609) 989-0802.