The disability community has long faced social and economic marginalization. Over the past century, however, there have been many efforts – legal, political and social – to ensure the civil and human rights of people with disabilities.
Among the most notable outcomes –
The following information and resources are available for members of the disability community to assist them in protecting their rights and obtaining the services they need and deserve.
State Government Resources
The New Jersey Division on Civil Rights
Under the direction of the State’s Attorney General, the Division of Civil Rights is the state agency charged with enforcing New Jersey's civil rights laws, including the New Jersey Law Against Discrimination (NJLAD), the New Jersey Family Leave Act (NJFLA), and the Fair Chance in Housing Act (FCHA).
The Office of Special Education
The Office of Special Education, housed in the New Jersey Department of Education (DOE) has a responsibility under federal statute and regulations to monitor the implementation of the Individuals with Disabilities Education Act of 2004 (IDEA) by local education agencies. It provides the following legal resources for parents:
State Prison Assistance
When an individual with a disability has entered the State corrections system, the Office of the Corrections Ombudsperson can provide guidance and advocacy services.
County Government Resources
County Surrogate Offices – Guardianship Matters
Each County in New Jersey has a Surrogate Court . The duties of the Surrogate’s Court include the probating of wills, appointing of estate administrators, supervising the appointment of legal guardians for disabled individuals, and adoptions.
When individuals with disabilities and their families are planning for the transition to adulthood, one consideration is legal status. Our Legal Status page provides information on types of guardianship as well as alternatives to guardianship.
Judiciary Ombudsman Program
Each Superior Court vicinage has a Judiciary Ombudsman that can assist individuals with general questions about the county court system, provide information about court proceedings and provide necessary forms. Judiciary Ombudsmen do not provide legal advice.
The New Jersey court system provides reasonable accommodations for people with disabilities and maintains a list of Title II ADA Coordinators to lend assistance.
Federal Government Resources
ADA.gov
The Americans with Disabilities Act (ADA) protects people with disabilities from discrimination. ADA.gov provides information on how to file Americans with Disabilities Act (ADA) complaints.
U.S. Department of Justice Civil Rights Division
The Civil Rights Division of the U.S. Department of Justice enforces federal laws that protect individuals from discrimination based on race, color, national origin, disability status, sex, religion, familial status, or loss of other constitutional rights.
Other Legal Services and Advocacy Programs
Disability Rights NJ
Disability Rights NJ is the state’s designated protection and advocacy agency under federal law. Protection and Advocacy Systems (P&As) work at the state level to protect the rights of people with disabilities. Disability Rights NJ provides no-cost legal representation and advocacy for individuals needing help that falls under the organization’s areas of assistance.
The Arc of New Jersey - Criminal Justice Advocacy Program
The Criminal Justice Advocacy Program serves as a clearinghouse for information about offenders, victims and witnesses with developmental disabilities and serves as a liaison between the criminal justice and human service systems, monitoring the quality of care and service provided to those with developmental disabilities as they move from one system to another. The program does not provide legal advice. The program provides intervention, advocacy, case management, education, training, and the development of personalized justice plans for individuals with I/DD as an alternative to incarceration.
Legal Services of NJ
Legal Services of New Jersey provides no-cost representation for low-income individuals needing help with civil court matters.
The Community Health Law Project
Founded in 1976, the Community Health Law Project (CHLP) is a statewide not-for-profit organization which provides legal representation and advocacy services to low-income individuals with disabilities and the frail elderly.
CHLP offers services in a number of areas including, but not limited to, Social Security Disability Insurance; Supplemental Security Income; public entitlements; landlord-tenant matters; family law; Medicaid/Medicare; home care issues involving private duty nursing, personal care assistance, and durable medical equipment; consumer law; foreclosure; reverse mortgage issues; barrier-free accessibility; housing discrimination; guardianships; and document drafting such as Wills, Living Wills, and Powers of Attorney.
New Jersey Bar Association
Local County Bar Associations offer lawyer referral services for their residents. Information on how to connect with a county bar association can be found at the New Jersey Bar Association website.
Other Resources
New Jersey Bar Association Foundation Publications:
Official Site of The State of New Jersey
