Caliendo v. Velez, A-3773-10T3; Appellate Division; opinion by Skillman, J.A.D., retired and temporarily assigned on recall; decided and approved for publication July 17, 2012. Before Judges Parrillo, Alvarez and Skillman. On appeal from the Law Division, Warren County, L-316-10. DDS No. 52-2-7027 [12 pp.]
This appeal challenges the validity of a regulation adopted by the Department of Human Services, N.J.A.C. 10:41-3.2(b), which provides that incident reports prepared by the Division of Developmental Disabilities are not public records and may be released only by court order. Appellant, a developmentally disabled adult who resides at the Hunterdon Developmental Center, contends that this regulation is inconsistent with N.J.S.A. 30:4-24.3, which authorizes a developmentally disabled resident of a state institution to consent to the release of a confidential document that mentions the resident.
