Caliendo v. Velez

The opinion of the court was delivered by

SKILLMAN, J.A.D.

(retired and temporarily assigned on recall).

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…