Reporting Abusive or Neglectful Group Homes to the State is Often Not Enough to Protect Group Home Residents

This post focuses on nursing homes and other long-term care facilities. Different reporting systems may apply to DDD-regulated group homes for individuals with intellectual or developmental disabilities.

Nursing homes have a duty to protect residents from abuse and neglect under federal and New Jersey law, as well as under common-law negligence principles. Admission agreements may also impose additional obligations. Family members can help their loved ones by observing any symptoms that might suggest a relative is suffering abuse or neglect. If a relative or a resident is suffering abuse or neglect, then the relative or resident has the right to notify the New Jersey Long-Term Care Ombudsman.

What are the different types of nursing home abuse and neglect?

Nursing home abuse and neglect include the following:

• Physical abuse
• Sexual abuse
• Emotional abuse
• Financial abuse
• Neglect

Why does nursing home abuse and neglect occur?

Some of the common causes of nursing home abuse and neglect include the following:

• Failing to respect the federal and state laws that provide nursing home residents with specific rights
• Failing to establish policies and procedures to protect nursing home residents
• Failing to create and implement individual care plans
• Improper and inadequate staffing levels
• Failing to properly educate staff members about how to best help the residents
• Failing to implement reporting procedures
• Failing to respond to complaints promptly
• Not hiring qualified medical professionals
• Failing to have strategies and procedures for handling residents who have cognitive disabilities
• Failing to have fall prevention strategies
• Medication mistakes, including missed medications, improper dosages, improper administration of medications, and many other medication errors
• Failing to monitor residents with cognitive difficulties
• Failing to protect residents from sexual abuse by staff members, other residents, and outside visitors
• Many other causes, including low pay, which causes high turnover rates

What New Jersey agencies handle abuse and neglect claims?

Seniors and family members can file complaints about nursing homes in New Jersey by contacting the New Jersey Long-Term Care Ombudsman (LTCO). The mission of the LTCO is to act as an “independent advocate” for individuals receiving long-term care.

The Ombudsman for the LTCO has been designated the State Long-Term Care Ombudsman pursuant to and in accordance with the provisions of 42 U.S.C. §§ 3058g et seq. The LTCO is responsible for securing, preserving, and promoting the health, safety, and welfare of New Jersey’s long-term care residents through investigations of abuse, neglect, and exploitation; legislative and regulatory advocacy; policy work; and education and outreach.

When someone files a complaint, a supervisor for the Ombudsman’s office should review the complaint and assign a Field Investigator/Advocate. The Ombudsman’s Office “advocates for residents while they are still in the facility in question or if they are hospitalized and are expected to return to that facility.” With resident consent, the Ombudsman may investigate complaints and advocate on the resident’s behalf, consistent with federal and state law.

The goal of the LTCO is to resolve complaints to the resident’s satisfaction to ensure the safety of the resident and the protection of the resident’s rights and dignity. If the Investigator/Advocate:

“Verifies or suspects that the resident has been the victim of abuse, neglect, or exploitation, the Investigator/Advocate will collect the facts, and may refer the findings to the State agency that licenses that facility…”

In some situations, the LTCO may also refer the complaint to “local police, county prosecutors, or the NJ Office of the Attorney General for further investigation.”

The LTCO’s authority is limited to residents of long-term care facilities such as nursing homes, assisted living residences, and similar settings.

The LTCO does not seek compensation for a resident’s harm. Residents who want to seek compensation should consult with an experienced Cherry Hill nursing home lawyer. In addition to seeking compensation, a settlement or verdict can help protect other residents by making clear to the nursing home that there is a cost for abuse or neglect.

What are the limitations in filing a nursing home complaint with the state?

While filing a nursing home complaint with the LTCO may seem like a good idea, in some cases, residents may also pursue civil legal action to seek compensation, depending on the circumstances.

According to a May 17, 2025, article by NorthJersey.com, there are many problems with state investigations. Their investigation reviewed thousands of state, family, and law enforcement records. The investigation found that:

• Many long-term care facilities are not meeting the needs of their residents, even though the facilities receive “yearly payments for each person that can top $500,000.” Residents with disabilities often don’t get the food, water, and medicine they need. Residents often also do not have the supervision they need and individualized care from specialists.
• The abuse and neglect at these homes can include bedbugs, mildew, broken furniture, and other unsanitary conditions, even though these facilities usually have advance notice of inspections.
• New Jersey has only ordered a handful of companies to close unsafe homes or stop accepting new residents. The time to shut down one such facility took years.
• Often, the long-term care facilities can continue or expand their operations when they should be closed or subject to monitoring.
• Some facilities are permitted to conduct internal investigations of reported incidents, which may limit independent oversight.
• Many group homes investigate themselves. The NorthJersey.com report states that only two percent of the 14,000 concerns reported each year about group homes are investigated.

The NorthJersey.com report also indicated that in 2024, New Jersey confirmed 412 cases of neglect, 267 cases of abuse, and 111 cases of exploitation. Investigations by the homes themselves found 5,100 cases of neglect, 2,000 cases of abuse, and 180 cases of exploitation.  As of the date of the report, New Jersey has about 2,000 group homes.

Seniors and disabled residents need help now, not years from now. Your loved ones need for the abuse to stop, for those responsible to be held accountable, and for policies and procedures to be enacted to protect other residents. Our seasoned nursing home lawyers help residents assert their nursing home rights.

At Ferrara & Gable, we have the experience and resources to file personal injury and wrongful death complaints against nursing homes that commit or allow abuse and whose negligence causes harm to residents. We seek compensation for a resident’s medical bills due to improper care, pain and suffering, loss of life’s pleasures, and loss of bodily function.

To discuss filing a nursing home complaint in the Cherry Hill, New Jersey, region, please contact us to schedule a free consultation. We meet clients at our office in Cherry Hill, New Jersey, and at nursing homes and other locations when necessary.