I have found an article suggested to me by a person who read about James, which is about Nicky's law - which is new bill to protect vulnerable disability people in Massachusetts, America (Schoenberg 2019/The Republican)
I would like a law like this Nicky's Law , a bill, to be added or amended to present laws for protection of vulnerable or disability persons/ especially those who cannot defend themselves or are nonverbal. I would love to call it James's Law Actions in Massachusetts, have been recently been taken by parents and politicians to protect the vulnerable especially the non verbal who cannot defend themselves or speak or have a voice about what has happened to them...
A parent commented on my posts for the petition for cameras and laws to defend the vulnerable here in Australia, that a bill had been introduced in their State and was about to be put into place to protect disability people.
A boy called Nicky was attending a day program for people with intellectual disabiilities in Millbury a few years ago, when he was beaten.
He is was non verbal and is now aged 26 years old the same age as my son James who is non verbal.
His mother Cheryl Chan was told of the abuse by the state's Disabled Persons Protections Commission. She did not even know it had happened.
It appears the alleged abuser was fired and proesecuted but found not guilty a trial - because Nicky could not testify...
Once again if cameras had been in place there - there would have been evidence for the justice system to work for our vulnerable people.
Nicky's mother asked state officials what mechanism was in place to prevent an accused abuser from being rehired elsewhere, they told her none were in place and they could be absolutely hired anywhere else.
However, due to Cheryl's action, as a mother, to do something about it for her son, it has culminated in the Massachusetts Senate unanimously passing a bill called S.2367 which creates a registry of care providers who have had an allegation of abuse of a person with an intellectual or developmental disability substantiated against them. The article notes that abuse is defined as an act that results in serious emotional or physical injury.
The registry would be confidential, shared only with potential employers who would be required to check the registry before hiring someone.
Senator Moore aid "the bill is important because today, as long as a person is not convicted of abuse in court, there is no way for an employer to know that someone they hired has a record of abusing a client."
The article notes that in American statistically abuse of people with disabilities is rarely charged in court. In 2016 and 2017 around 1,500 cases of alleged abuse of people with disabilities were sent to the Massachusetts district attorney, yet only around 100 cases each year resulted in criminal charges.
"As long as there's no database or record of this, the person can go from one provider to another,subjecting peopke to multiple instances of abuse" more
Sarkissian said having aregistry would set up a way for an abuser to be identified through a civil process and kept from harming others.
O'Connor said during the Senate debate that he sponsored the bill after being approached by a constitutent whose son was hit, shoved and dragged around a room at his group home.
The mother discovered the abuse because she placed a hidden camera in the room.
Once again we see that cameras were instrumental in helping this abuse be discovered or uncovered. The abusers were charged and fired. However, the mother who worked at another group home by chance saw one of the abusers come in to apply for a job there.
The bill is named Nicky's Law, after Nicky Chan, and if becomes law would take effect in November 2nd, 2020.Orlando Pena, a career human services worker at Bridgewell express support for the bill and said "Nicky's Law demands justice for the most vulnerable among us, while also ensuring due process for care providers around our Commonwealth noting that an accusation of abuse or neglect can cost members their livelihood, and the legislation establishes a necessary appeals process."
A law like this would be beneficial for those of us who send our children to day programmes, respite, or accommodation and protect them from workers who would harm them. I would like this to happen in Australia too. We need to keep fighting for our children's right to justice and protection regardless of their age and disability.
Anndrea Wheatley (mother of James)