MHANJ Policy on Public Advocate Restoration Act of 2002

Date: October 24, 2002

Issue: Public Advocate Restoration Act of 2002

Status:

The Public Advocate Restructuring Act of 1994 abolished the Department of the Public Advocate and transferred some of its functions to other departments and agencies. The McGreevey Administration’s proposed legislation re-establishes the Department and elevates the Public Advocate to a Cabinet-level position.

This legislation establishes six (6) Divisions and three (3) Offices within the Department of Public Advocate. The three areas, which directly affect mental health consumers, are the Mental Health Ombudsperson, Corrections Ombudsperson and the Division of Child Advocacy. The Corrections Ombudsperson and new Mental Health Ombudsperson are both within the Division of Citizen Relations while the Child Advocate and related personnel have their own, new Division.

The Assembly version, A345, sponsored by Assemblyman Wilfredo Caraballo (D29) passed the Assembly in June by a vote of 45 to 35. This Senate bill (S844), sponsored by Senators Joseph F. Vitale (D19) and Robert J. Martin (R26), is now before the Senate State Government Committee where it will be reviewed and voted upon. If passed, it will go on to the Senate Appropriations Committee, and then on to a vote before the full Senate.

Why Do Mental Health Advocates Care About This Issue?

The civil rights of children and adults with mental illness are often neglected or forgotten.

Because of illness and stigma, consumers in the mental health care delivery system, are far more likely to accommodate problems rather than solve them.

Far too often states have failed to protect and provide adequate resources for the growing number of prisoners with serious mental health needs.

Postponement of treatment interventions and services which can pre-empt crisis for children contradicts society’s goal to safeguard the welfare and advance the physical mental, emotional and general well-being of children.

How Does This Issue Affect New Jersey Consumers?

In New Jersey, patient advocates come from within the institutions they service, making it difficult for them to fully align with consumers at the expense of their relationship with co-workers and the hospital or agency to whom they are responsible. Patient advocates are further impeded by lack of staff, poor or no training, lack of expertise and/or no systemic teeth with which to enforce appropriate and professional behavior and policies. The Ombudsperson for Persons with Mental Illness within the Department of the Public Advocate will exist outside the institutions and individuals will have direct access to staff whose total responsibility will be to advocate on behalf of consumers within mental health facilities and programs operated, funded or licensed by the State of NJ.

The plight of consumers within the inmate population is extremely serious for two reasons: a growing inmate population and too few private attorneys willing to take inmate cases. According to the NJDOC there are over 3,000 inmates with serious mental illness. Finding humane, constitutional, and effective ways to address the needs of mentally ill individuals is a challenge for correctional facilities nationwide. Crowded, outdated and designed to ensure secure confinement, most jails are not optimal treatment settings for consumers. Nonetheless, the nature of the incarcerated consumer population increasingly demands (and numerous NJ court decisions and settlement agreements require) that prisons and jails respond appropriately and with comprehensive services to the mental health needs of incarcerated consumers. A Corrections Ombudsperson within the Department of the Public Advocate will be able to resolve many disputes which arise by simply paying attention and listening. The fact that someone exists on the outside, willing to take up their cause and informally work it through with those in the government while the issue is still “low level” is significant, productive and cost effective.

The real crisis for children in New Jersey is the lack of services, services which include education, outreach, support, intervention and treatment that can pre-empt crisis. Postponement of intervention does not result in savings. Child sexual abuse and domestic violence are serious and startlingly common public health problems with mental health consequences for victims: depression, anxiety disorder, PTSD, suicide and substance abuse. In an effort to achieve a higher degree of mental health in our society, the well-being and welfare of children, all persons under 18 years of age, must be safeguarded by the Child Advocate. In addition, children who have been allegedly abused or neglected have special advocacy needs that require familiarity and expertise and a Division of Child Advocacy within the Department of the Public Advocate can more effectively fulfill those requirements.

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