Federal Government and New Jersey Reach Agreement Over Unsafe Conditions in Veterans Homes

NEW JERSEY — The U.S. Attorney’s Office for the District of New Jersey and the Department of Justice’s Civil Rights Division announced a proposed consent decree with the state of New Jersey to address findings of unconstitutional conditions at the New Jersey Veterans Memorial Homes at Menlo Park and Paramus. The court must approve the decree to resolve allegations that New Jersey failed to adequately protect residents from harm and unreasonable risk.

The complaint and consent decree are part of efforts to address deficiencies identified by the Department of Justice following an investigation initiated in October 2020 under the Civil Rights of Institutionalized Persons Act (CRIPA). CRIPA allows the federal government to intervene when there is evidence of a pattern of constitutional rights violations against individuals in the custody of state or local institutions.

In September 2023, the federal government notified the state of its findings, concluding that residents at Menlo Park and Paramus faced significant harm due to inadequate infection control practices and substandard medical care, violating their rights under the 14th Amendment. The proposed decree seeks to address these issues through specific standards for clinical care, improvements in infection control, and enhancements in leadership and accountability at the facilities. It also proposes the appointment of an independent monitor to ensure compliance.

The proposed agreement represents a crucial step in resolving the federal claims and improving the safety and care provided at New Jersey’s state-run veterans facilities. If approved, it will hold the state to enforceable standards aimed at preventing harm and ensuring a higher quality of life for the veterans residing in these homes.

“Our veterans, who have sacrificed so much, should never have been subject to deficient care. This consent decree provides a detailed roadmap and expert oversight to ensure they are protected so that they and their families can rely on the veterans homes," said U.S. Attorney Philip R. Sellinger.

“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,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This agreement requires the state to deliver that care and have the oversight in place to provide families that confidence. The Justice Department will work diligently with the state to ensure the reforms are properly implemented.”

Assistant U.S. Attorneys Susan Millenky and Thandiwe Boylan, alongside Michael Campion, Chief of the Civil Rights Division, and other attorneys from the Special Litigation Section of the Justice Department’s Civil Rights Division, are leading the case for the government.

Further information on the Civil Rights Division of the Department of Justice and the U.S. Attorney’s Office for the District of New Jersey can be found on their respective websites.

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