The Justice Department's Civil Rights Division and the U.S. Attorney’s Office for the District of New Jersey have taken legal action against the State of New Jersey, filing a complaint concerning conditions at state-run veterans homes. A proposed consent decree has been filed to address findings of unconstitutional conditions at the New Jersey Veterans Memorial Homes located in Menlo Park and Paramus.
This proposed consent decree aims to resolve claims that New Jersey is violating constitutional rights by failing to protect residents from harm and unreasonable risk. It mandates specific standards for clinical care, improvements in infection control and emergency operations practices, as well as enhanced leadership and accountability measures. An independent monitor will be appointed by the court to oversee compliance with these terms.
Assistant Attorney General Kristen Clarke stated, "Our veterans deserve to receive appropriate care, as required by law, and their families deserve to have confidence that their loved ones’ needs will be met." She emphasized that this agreement ensures oversight is in place for delivering such care.
U.S. Attorney Philip R. Sellinger remarked on the situation saying, "Our veterans, who have sacrificed so much, should never have been subject to deficient care." He noted that the consent decree provides a detailed plan with expert oversight aimed at protecting veterans and ensuring they live with safety and dignity.
The investigation into these facilities began in October 2020 under the Civil Rights of Institutionalized Persons Act (CRIPA). This act allows federal intervention when there is a pattern or practice of deprivation of federal rights for individuals under state or local government custody.
In September 2023, the department informed New Jersey about its findings regarding inadequate infection control practices and medical care at these homes. The state's failure was deemed a violation of residents' rights under the 14th Amendment due to unsafe conditions.
For more information about this case or related civil rights issues handled by these offices, visit www.justice.gov/crt or www.justice.gov/usao-nj/civil-rights-enforcement.