Family members search for answers
Cousins turned to 12th District officials for help with guardianship
BY SHARON LEFF Staff Writer

SHARON LEFF 12th District legislators at a press conference Nov. 25 with Maureen Faletti (l-r) and Eileen Devlin who tried unsuccessfully to become guardians of Tara O'Leary.

Eileen Devlin and Maureen Faletti are trying to determine why their cousin was maltreated and neglected while in the care of the New Jersey Division of Developmental Disabilities (DDD).

Devlin, Little Silver, and Faletti, Tinton Falls, reached out to 12th District legislators for help in becoming legal guardians for their cousin Tara O'Leary, who died at the age of 29 on Nov. 10. At the time of her death, she was said to weigh only 43 pounds.

"We're looking for answers and we're looking for justice, and we're very concerned regarding other people this could be happening to," Devlin said at a press conference in her home Nov. 25.

"We tried to work with the DDD and were given the runaround and not any kind of answers that made any sense to us," Devlin said.

In addition to Devlin, Faletti and legislators from the 12th District also spoke at the press conference.

Devlin said as a family, they are trying to figure out how O'Leary could end up in such a bad situation after they were reassured that she was in the care of a DDD caretaker's home.

She said the family was kept away from O'Leary because of the so-called guardian.

"There was no way for us to make sure Tara was fine except for the caseworker's word," Devlin said.

The family did not receive permanent guardianship until Nov. 6. After meeting with all of O'Leary's doctors, the family decided to take her off life support Nov. 7.

District 12 legislators, Sen. Jennifer Beck, Assemblyman Declan O'Scanlon and Assemblywoman Caroline Casagrande, all Republicans, are asking for a full investigation.

"[O'Leary] had been in the care of a sponsor family that was licensed by the state and overseen by the state of New Jersey, and they failed her," Beck said. "We are here to call on the attorney general for a full investigation and those responsible are held criminally [liable] for what they did to this young woman and ensure this never, ever happens again."

O'Leary lived in a sponsor's home in Hunterdon County before her death. Devlin said she was placed in the home because O'Leary's father and stepmother were not able to care for her. Her father remained her legal guardian even though O'Leary was living in the sponsor's home.

O'Leary's father died of cancer in 2005 and her stepmother was supposed to take over guardianship. Her stepmother declined to do so, leaving O'Leary without a legal guardian to look after her.

Her birth mother died when she was 10. O'Leary had multiple health issues and was born with brain deformities, scoliosis and with two holes in her heart, according to O'Leary's family.

Casagrande said O'Leary was allowed to suffer without a guardian or advocate for three years and it is unacceptable.

"There should be enough safeguards in place to make sure our citizens are protected," she said.

Beck said that although there was no real guardian, the caseworker for O'Leary continued to insist that there was one and insisted that the guardian didn't want Faletti or Devlin to see her.

"So [the caseworker] either knowingly misrepresented the facts or maybe [it was] out of ignorance. But either way it was unacceptable when you have a loving family that was trying to reach Tara and spend time with her and care for her and the state stood in the way of that," Beck said.

O'Leary's aunt, Jane O'Leary, went to visit her when she was at the Hunterdon Association for Retarded Citizens group home, Devlin said.

According to a timeline from the family, Jane saw her niece Tara's clothes were soiled, her hair was not clean, her shoes were on the wrong feet and she looked very thin.

Jane O'Leary told Tara's caseworker she wanted to be her niece's guardian but was never sent the necessary paperwork, according to the family's timeline.

In September, O'Leary was removed from the sponsor's home by The Arc and taken to the Hunterdon Arc group home. Later that month she was taken to the Hunterdon Medical Center where she was admitted to ICU with malnutrition, dehydration, bedsores and septic shock, according to her family members.

After the hospital reached out to the Devlin family, they learned O'Leary had been without a guardian for years.

That is when Devlin contacted the 12th District legislators for help in obtaining temporary guardianship.

O'Scanlon said this matter goes beyond O'Leary's suffering.

"Today isn't just about Tara. Today is about the potential that there are other Taras out there," he said. "We see that this poor young lady fell through the cracks and we have to ask the question, 'Are there others? How many others are there? Where are they?' It's our job to give voice to the voiceless."

Beck said there are 1,200 adults with developmental disabilities that are living in sponsors' homes.

"Clearly there was abuse happening, horrific abuse, not just to O'Leary, but she also had a roommate who was also in a very, very poor and frail condition when she was taken to the hospital," she said.

Beck said she wants to make sure this was an isolated incident and that the state sponsor who was supposed to be taking care of O'Leary is prosecuted to the full extent of the law. Devlin said O'Leary was supposed to be transported to The Arc for therapy and interaction with others, and it was later learned that O'Leary was taken to The Arc only 30 times in 2005, 16 times in 2006 and not at all in 2007 and 2008.

Casagrande said, "Our outrage as legislators stems from the fact that this group home caretaker is paid tax dollars to take care of our most vulnerable citizens, two of whom were literally starved to death under her care.

"There are a lot of people who need to answer here. Not only that caretaker but certainly the social worker who is in charge of monitoring these people and really the entire DDD, because if we can have two of our most vulnerable starved and dehydrated to death, it's so frightening to think of what's going on in these homes with these people who don't have voices for themselves," Casagrande said.

Beck said her office's interaction with the DDD was "egregious" and the division was resistant and created obstacles instead of helping.

"The response that we got as legislators was embarrassing and horrific. And certainly my sense is those folks should no longer be employed at DDD. They should all lose their jobs," Beck said.

O'Scanlon said there was no underlying life-threatening condition that caused O'Leary's death and that it was a direct result of the neglect she suffered.

"We should not make the mistake that because Tara had these disabilities that her life should have been shorter than a normal life to begin with," he said.

Devlin said the family has not filed a lawsuit, but it is something they are talking about.

In an interview after the press conference, Faletti said the Hunterdon County prosecutor investigating the case hasn't shared much information with the family.

"Our goal here is to make sure Tara didn't die in vain and people know she was a person who didn't have a voice and the state failed her on numerous levels," she said.

According to a press release issued by the New Jersey Department of Human Services (DHS), inquiries are being made into the death.

In the release dated Nov. 25, DHS Commissioner Jennifer Velez said, "Our sincerest condolences are with the family during this difficult time. This death is unacceptable on many levels, and we're doing all we can to scrutinize every aspect and prevent tragedies such as this from occurring again. Our department is cooperating fully with the Hunterdon County Prosecutor's Office in its investigation. In addition, our internal Special Response Unit and the Division of DevelopmentalDisabilities are conducting concurrent investigations."

In the release, she states that pending the outcome of these investigations, the case manager has been suspended and their Human Resources Employee Relations Office is examining any additional personnelrelated actions. "Further, all of the Division of Developmental Disabilities clients who are living in community care residences — some 1,255 statewide — are being re-visited by staff with supervisory support to confirm and ensure their well-being," she said.

"This death remains an ongoing investigation, and we are awaiting the prosecutor's final determination. Whatever the outcome, DHS will take any and all necessary action in accordance with the prosecutor's conclusions."

The release states further information could not be provided because of ongoing investigations.