reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:6D-9.6 - Meetings with parents and guardians of developmentally disabled residents; request for contact information.

30:6D-9.6 Meetings with parents and guardians of developmentally disabled residents; request for contact information.
6. a. Each State developmental center shall biannually schedule a meeting with parents and guardians of individuals with developmental disabilities residing in the developmental center, in order to provide an opportunity for parents and guardians to share experiences about the individuals.
b. The provider of a community-based residential program shall request contact information from each parent or guardian of an individual with a developmental disability who is residing in the residential program, and shall advise the parent or guardian that, if the parent or guardian agrees, the provider will exchange contact information with other parents and guardians of individuals with developmental disabilities residing in the residential program, in order to provide an opportunity for parents and guardians to share experiences about the individuals.
c. The provider of a day program shall request contact information from each parent or guardian of an individual with a developmental disability who is participating in the day program, and shall advise the parent or guardian that, if the parent or guardian agrees, the provider will exchange contact information with other parents and guardians of individuals with developmental disabilities who are participating in the same program, in order to provide an opportunity for parents and guardians to share experiences about the individuals.
L.2017, c.238, s.6.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:6D-9.7 - Department of Human Services website posting of the law.

30:6D-9.7 Department of Human Services website posting of the law.
13. The Department of Human Services shall post a copy of P.L.2017, c.238 (C.30:6D-9.1 et al.) on its website.
L. 2017, c.238, s.13.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:6D-9.8 - Rules, regulations.

30:6D-9.8 Rules, regulations.
14. The Commissioner of Human Services, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations necessary to effectuate the purposes of this act.
L. 2017, c.238, s.14.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:6D-10 - Individualized habilitation plan; development; revision

30:6D-10. Individualized habilitation plan; development; revision
Every agency, organization or institution providing services for persons with developmental disabilities shall cause a written, individualized habilitation plan to be developed and placed into effect for each person for whom such agency, organization or institution is primarily responsible for the delivery or for coordinating the delivery of services within 30 days following the admission of such person. In the case of persons receiving services through such agency, organization or institution at the time of enactment of this act, such plan shall be effected within 60 days following enactment. Such plan shall be developed and may be revised from time to time by appropriate representatives of such agency, organization or institution in consultation with such person and such person's parents, guardian, representative of guardianship services or other interested party.
L.1977, c. 82, s. 10, eff. May 5, 1977.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:6D-11 - Individualized habilitation plan; contents

30:6D-11. Individualized habilitation plan; contents
Such plan shall:
a. Include a statement of the long-term habilitation goals for such person and the intermediate objectives relating to the attainments of such goals. Such objectives shall be stated specifically and in sequence and shall be expressed in behavioral or other terms that provide measurable indices of progress;
b. Describe how the objectives will be achieved and the barriers that might interfere with the achievement of them;
c. State an objective criteria and an evaluation procedure and schedule for determining whether such objective and goals are being achieved;
d. Provide a coordinator who will be responsible for the implementation of the plan;
e. Specify habilitation services to be provided;
f. Describe the personnel, including their qualifications, necessary for the provision of the services described in such plan;
g. Specify the date of initiation and the anticipated duration of each service to be provided;
h. Specify the role and objectives of all parties to the implementation of the plan.
L.1977, c. 82, s. 11, eff. May 5, 1977.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:6D-12 - Annual review

30:6D-12. Annual review
The plan coordinator shall review such plan at least every 12 months and shall provide an opportunity at least annually for the person for whom the plan is designed and such person's parents, guardian, representative of guardianship services or other interested party to review such plan.
L.1977, c. 82, s. 12, eff. May 5, 1977.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:6D-12.1 - Short title.

30:6D-12.1 Short title.
1. Sections 1 through 6 of this act shall be known as the "Self-Directed Support Services for Persons with Developmental Disabilities Rights Act."
L.2008, c.128, s.1.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:6D-12.2 - Findings, declarations relative to self-directed support services for persons with developmental disabilities.

30:6D-12.2 Findings, declarations relative to self-directed support services for persons with developmental disabilities.
2. The Legislature finds and declares that:
a. There is a need for innovative approaches to meet the needs of persons with developmental disabilities;
b. While there are many fine group homes, supervised apartments and other supervised living arrangements for persons with developmental disabilities, there is a need for not only an expansion of the availability of such programs, but also the development of innovative programs that are self-directed by persons with developmental disabilities and their families and guardians;
c. The availability of innovative self-directed programs will expand the capacity of the Department of Human Services to serve the needs of persons with developmental disabilities; and
d. It is important to emphasize that persons with developmental disabilities who participate in these highly desirable self-directed approaches to care retain the rights guaranteed to them under the "Developmentally Disabled Rights Act," P.L.1977, c.82 (C.30:6D-1 et seq.).
L.2008, c.128, s.2.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:6D-12.3 - Definitions relative to self-directed support services for persons with developmental disabilities.

30:6D-12.3 Definitions relative to self-directed support services for persons with developmental disabilities.
3. As used in this act:
"Commissioner" means the Commissioner of Human Services.
"Department" means the Department of Human Services.
"Developmental disability" means developmental disability as defined in section 3 of P.L.1977, c.82 (C.30:6D-3).
"Self-directed support services" means an arrangement in which funding is made available by the department, through the Division of Developmental Disabilities or any other division in the department, to a person with a developmental disability or person who has been authorized to serve as a fiduciary of the person with a developmental disability, who is living in his own home, the home of a family member or guardian, or some other similar living environment. The purpose of the arrangement is to support the needs of the person with a developmental disability by allowing the person, or his family or guardian, or both, to determine the nature and scope of services to be provided, in lieu of the department placing the person with a developmental disability in a residential program operated by the department directly or by contracting with a residential provider of services for persons with developmental disabilities.
"Services" means services as defined in section 3 of P.L.1977, c.82 (C.30:6D-3).
L.2008, c.128, s.3.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:6D-12.4 - Responsibilities of the commissioner.

30:6D-12.4 Responsibilities of the commissioner.
4. The commissioner shall ensure that:
a. the provisions of section 9 of P.L.1977, c.82 (C.30:6D-9), concerning the design of services to maximize the developmental potential of persons with developmental disabilities with full recognition and respect for their dignity, individuality and legal rights, apply to persons with developmental disabilities receiving self-directed support services;
b. a written, individualized habilitation plan, as provided for in sections 10 and 11 of P.L.1977, c.82 (C.30:6D-10 and 11), is developed and placed into effect for each person receiving self-directed support services no later than the 30th day following the initial receipt of such services. In the case of persons receiving such services at the time of enactment of P.L.2008, c.128 (C.30:6D-12.1 et al.), the plan shall be effected no later than the 60th day following enactment; and
c. each person's individualized habilitation plan is reviewed annually pursuant to section 12 of P.L.1977, c.82 (C.30:6D-12).
L.2008, c.128, s.4.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:6D-12.5 - Rights applicable to persons receiving self-directed support services.

30:6D-12.5 Rights applicable to persons receiving self-directed support services.
5. a. A right recognized in section 4 of P.L.1977, c.82 (C.30:6D-4), shall apply to persons receiving self-directed support services pursuant to P.L.2008, c.128 (C.30:6D-12.1 et al.).
b. A person receiving self-directed support services shall be entitled to enforce a right provided for in P.L.2008, c.128 (C.30:6D-12.1 et al.) or section 4 of P.L.1977, c.82 (C.30:6D-4), by civil action or other remedy otherwise available by common law or statute.
L.2008, c.128, s.5.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:6D-12.6 - Development, expansion of self-directed support services.

30:6D-12.6 Development, expansion of self-directed support services.
6. a. Except in the case of a short-term pilot program, the commissioner shall, to the extent feasible, develop and expand the use of self-directed support services throughout the State, and eliminate obstacles to the use of such services. The services shall be made available without regard to the severity of a person's disability, except to the extent that the person's disability would prevent that person from being safely accommodated with self-directed support services.
b. In the event that two or more divisions in the department are funding self-directed support services for the same person, the commissioner shall designate one division as the lead division for the purpose of enforcing a right guaranteed by section 4 of P.L.1977, c.82 (C.30:6D-4) or P.L.2008, c.128 (C.30:6D-12.1 et al.).
L.2008, c.128, s.6.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:6D-13 - Legislative findings

30:6D-13. Legislative findings
The Legislature finds that in keeping with current State and national goals, increasing numbers of developmentally disabled persons are being placed into community residences as an alternative to institutional confinement. Such deinstitutionalization is highly desirable since it can lead to a fuller, richer, and more independent life for developmentally disabled persons. However, because of their disabilities, they may be vulnerable to abuse, neglect, and exploitation in the community unless appropriate safeguards are established and necessary services are delivered to them in a wholesome environment. Therefore, the well-being of developmentally disabled persons living under State sponsorship in the community requires clarification of their rights and the rights of family members and other persons interested in their welfare, and a delineation of the responsibilities of the Department of Human Services.
L.1983, c. 524, s. 1, eff. Jan. 17, 1984.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:6D-14 - Definitions.

30:6D-14 Definitions.
As used in this act:
a. "Department" means the Department of Human Services.
b. "Community residential facility" means any residential arrangement, public or private, other than an institution, in which one or more developmentally disabled persons reside under the sponsorship of the department. A family home in which all of the developmentally disabled persons residing within are related to the head of the household by blood, marriage or adoption is not a community residential facility.
c. "Transfer" means moving a developmentally disabled person from an institution to a community residential facility, from one community residential facility to another, from a community residential facility to an institution, or from receiving self-directed support services as defined in section 3 of P.L.2008, c.128 (C.30:6D-12.3) to a community residential facility as defined in this section or a facility as defined in section 3 of P.L.1977, c.82 (C.30:6D-3). The placement of a person who has never before received services from the department directly into a community residential facility is a transfer.
L.1983, c.524, s.2; amended 2008, c.128, s.7.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:6D-15 - Persons to whom act applicable

30:6D-15. Persons to whom act applicable
This act shall apply to every developmentally disabled person who is receiving services from the department, is not related by reason of blood, marriage or adoption to the operator of the community residential facility, and who has been placed into a community residential facility since October 1, 1976 or who will be placed in a community residential facility after the effective date of this act.
L.1983, c. 524, s. 3, eff. Jan. 17, 1984.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:6D-16 - Individual habilitation plans; preparation; conditions of transfer; review of plan

30:6D-16. Individual habilitation plans; preparation; conditions of transfer; review of plan
a. Except in emergency situations, the department shall ensure that an individual habilitation plan is prepared for each developmentally disabled person subject to transfer at least 30 days prior to the time the actual transfer takes place. In addition to conforming to the requirements of sections 11 and 12 of P.L. 1977, c. 82 (C. 30:6D-11, 12), the plan shall state with particularity what habilitation goals shall be achieved for a transfer to be successful and what services, supervision, and living arrangements are needed to secure compliance with this act once the transfer is made. No transfer shall occur until all enumerated elements of the plan can be made available. A copy of the prepared plan shall be immediately given to every person participating in its development and review.
b. Before a transfer occurs, persons participating in the development and review of the plan shall be given the opportunity to inspect the site of the proposed transfer and the site where the proposed services will be rendered. The appointment of a State employee as guardian of the developmentally disabled person shall not relieve the department of its responsibility to give parents and other interested persons an opportunity to participate in the development and review of the plan and to inspect proposed sites. A representative of the operator of the community residential facility shall also be given an opportunity to participate in the development and review of the plan.
c. The department shall ensure that the individual habilitation plan is reviewed not earlier than four weeks and not later than six weeks after the transfer occurs.
L.1983, c. 524, s. 4, eff. Jan. 17, 1984.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:6D-17 - Residents of community residential facility; rights; enforcement

30:6D-17. Residents of community residential facility; rights; enforcement
The department shall ensure that every developmentally disabled person in a community residential facility receives adequate medical and dental care, a nutritionally adequate diet, a full daily program of structured activities, and those other services which are necessary to maximize the developmental potential of the developmentally disabled person in a manner least restrictive of personal liberty. Every developmentally disabled person shall have adequate protection from abuse and a wholesome environment in which to live.
All rights and procedures for the enforcement of rights recognized in sections 4, 5 and 7 of the "Developmentally Disabled Rights Act," P.L. 1977, c. 82 (C. 30:6D-4, 5, 7), shall apply to persons covered by this act.
L.1983, c. 524, s. 5, eff. Jan. 17, 1984.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:6D-18 - Requirements for geographic location of site of transfer

30:6D-18. Requirements for geographic location of site of transfer
To the maximum extent possible, the department shall not transfer any developmentally disabled person to a geographic location that cannot be readily visited by those persons interested in the well-being of the developmentally disabled person or to a location that does not afford reasonable employment opportunities in the case of a developmentally disabled person with employment potential.
L.1983, c. 524, s. 6, eff. Jan. 17, 1984.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:6D-19 - Requirements for staff of community residential facility

30:6D-19. Requirements for staff of community residential facility
The department shall not allow a developmentally disabled person to be transferred or to reside in a community residential facility unless the staff of the facility is adequately trained to meet the needs of the developmentally disabled, to use and operate fire and life-safety equipment, and trained in other areas as the department determines necessary.
L.1983, c. 524, s. 7, eff. Jan. 17, 1984.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:6D-20 - Monthly visit by case manager

30:6D-20. Monthly visit by case manager
The department shall ensure that every developmentally disabled person covered by this act is visited at least monthly by a case manager employed by the department or by an agency under contract to the department.
L.1983, c. 524, s. 8, eff. Jan. 17, 1984.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:6D-21 - Transfer only if consistent with best interests of developmentally disabled person; failure to adjust; transfer

30:6D-21. Transfer only if consistent with best interests of developmentally disabled person; failure to adjust; transfer
A transfer shall be made only when consistent with the best interests of the developmentally disabled person. The department shall ensure that a developmentally disabled person who fails to adjust to life in a community residential facility may return to the institution or other facility from which he was transferred or to a more suitable community residential facility.
L.1983, c. 524, s. 9, eff. Jan. 17, 1984.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:6D-21.1 - Transfers not mandatory.

30:6D-21.1 Transfers not mandatory.
1. The Division of Developmental Disabilities, except as provided in section 2 of this act, shall not transfer, or otherwise compel the transfer of, an individual with a developmental disability who is currently residing in an out-of-State placement to a residential placement in this State, if the individual or the guardian of the individual objects to such transfer in writing.
L.2015, c.192, s.1.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:6D-21.2 - Inapplicability of C.30:6D-21.1.

30:6D-21.2 Inapplicability of C.30:6D-21.1.
2. The provisions of section 1 of this act shall not apply if:
a. The United States Department of Justice, the Centers for Medicare & Medicaid Services, or a federally-designated state protection and advocacy organization has deemed the out-of-State placement facility unsafe for individuals with developmental disabilities residing in the facility.
b. The individual does not continue to be served by the same out-of-State provider after the effective date of this act as the out-of-State provider who served the individual prior to the effective date of this act; provided, however, that this subsection shall not apply if:
(1) the change of provider is due solely to corporate or other organizational restructuring; or
(2) the division is unable to provide the individual with equivalent necessary services and supports in-State as the individual received out-of-State and such services and supports are available at another out-of-State provider;
c. The individual or the guardian of the individual, as applicable, is not in compliance with the provisions of State regulations at N.J.A.C.10:46D-1.1 et seq., concerning contribution to care and maintenance requirements, within 90 days of the effective date of this act, or the individual or guardian fails to continue to comply with these regulations for the duration of the out-of-State care of the individual; provided, however, that:
(1) the division shall provide a payment schedule with reasonable minimum payments to each non-compliant individual or guardian within 60 days of the effective date of this act; and
(2) if the individual or guardian agrees in writing to the payment schedule, compliance within 90 days of the effective date of this act shall be presumed;
d. The individual is not enrolled in, or has not applied for enrollment in, the State Medicaid program, established pursuant to P.L.1968, c.413 (C.30:4D-1 et seq.), within 90 days of the effective date of this act; or
e. The out-of-State provider fails to transmit to the division written reports of life safety oversight and copies of all relevant incident reports required by the law. The division shall provide notice to providers if the reporting requirements change. In the event a provider fails to transmit any relevant required report, the division shall give notice to the provider of the deficiency and the provider shall have 30 days from the date of the notice to cure the deficiency.
L.2015, c.192, s.2.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:6D-21.3 - Certain obligations unaffected.

30:6D-21.3 Certain obligations unaffected.
3. Nothing in this act shall alleviate the obligations of the department under section 9 of P.L.1977, c.82 (C.30:6D-9) or section 9 of P.L.1983, c.524 (C.30:6D-21).
L.2015, c.192, s.3.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:6D-22 - Rules and regulations

30:6D-22. Rules and regulations
The Commissioner of the Department of Human Services shall promulgate those rules and regulations as are necessary to effectuate this act.
L.1983, c. 524, s. 10, eff. Jan. 17, 1984.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:6D-25 - "Developmental Disabilities Act" definitions.

30:6D-25 "Developmental Disabilities Act" definitions.
3. For the purposes of this act:
a. "Commissioner" means the Commissioner of Human Services.
b. "Developmental disability" means a severe, chronic disability of a person which: (1) is attributable to a mental or physical impairment or combination of mental or physical impairments; (2) is manifest before age 22; (3) is likely to continue indefinitely; (4) results in substantial functional limitations in three or more of the following areas of major life activity, that is, self-care, receptive and expressive language, learning, mobility, self-direction and capacity for independent living or economic self-sufficiency; and (5) reflects the need for a combination and sequence of special interdisciplinary or generic care, treatment or other services which are of lifelong or extended duration and are individually planned and coordinated. Developmental disability includes, but is not limited to, severe disabilities attributable to an intellectual disability, autism, cerebral palsy, epilepsy, spina bifida and other neurological impairments where the above criteria are met.
c. "Director" means the Director of the Division of Developmental Disabilities.
d. "Division" means the Division of Developmental Disabilities.
e. "Eligible person with a developmental disability" means a person who is developmentally disabled pursuant to subsection b. of this section and who has been declared eligible for services provided by the division.
f. "Services for persons with developmental disabilities" means specialized services or specialized adaptations of generic services provided by a public or private agency, organization or institution and directed toward the alleviation of a developmental disability or toward the social, personal, physical or economic habilitation or rehabilitation of a person with a developmental disability and includes care management, diagnosis, evaluation, treatment, personal care, day care, domiciliary care, special living arrangements, training, education, vocational training, recreation, counseling of the person with the disability and his family, information and referral services and transportation services.
L.1985, c.145, s.3; amended 2010, c.50, s.53.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:6D-26 - Director; employees

30:6D-26. Director; employees
The administrator and head of the division shall be a director who shall be known as the Director of the Division of Developmental Disabilities. The director shall be a person qualified by training and experience to perform the duties of the office and shall devote his entire time to the performance of those duties. The director shall be appointed by the commissioner.
The commissioner shall appoint and remove officers and employees of the division subject to the provisions of Title 11 of the Revised Statutes and other applicable statutes as are necessary to enable the division to perform its duties pursuant to this act and he shall fix their compensation within the limits of available appropriations and as is provided by law.
L. 1985, c. 145, s. 4.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:6D-27 - Duties of director.

30:6D-27 Duties of director.
5. In addition to other functions, powers and duties vested in him by this act or any other law, the director shall:
a. Provide services for eligible persons with developmental disabilities by identifying appropriate programs to meet their needs and by facilitating the establishment of community-based services for these persons; except that if the most appropriate services are not immediately available, the director may provide an eligible person with a developmental disability with alternate services;
b. Establish procedures for the determination of eligibility for services pursuant to this act and ensure that statements of eligibility advise the applicant about the particular functional services deemed most appropriate for the training, habilitation, care and protection of that person with a developmental disability as of the time of the determination;
c. Establish liaison and cooperative agreements with other governmental departments and agencies which provide programs and services to persons with developmental disabilities to prevent duplication of services and encourage a continuum of care that is required by persons with developmental disabilities;
d. Establish standards for services that are provided for persons with developmental disabilities, which include the scope and quality of these services and which give full recognition to the unique problems and special needs associated with developmental disabilities;
e. Advise, consult and provide professional assistance to organized efforts by organizations, groups, associations and committees which work toward improving services and opportunities for persons with developmental disabilities; and
f. Select and retain the services of consultants whose advice is considered necessary to assist the division in obtaining information or developing plans and programs required for the performance of its duties and responsibilities pursuant to this act.
L.195, c.145, s.5; amended 2010, c.50, s.54.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:6D-27.2 - Availability of applications for services and supports in multiple languages for persons with developmental disabilities from Department of Human Services.

30:6D-27.2 Availability of applications for services and supports in multiple languages for persons with developmental disabilities from Department of Human Services.
2. The Commissioner of Human Services shall make available in at least the five most common languages spoken in the State, inclusive of Spanish and Korean: applications for services and supports that are available for persons with developmental disabilities, as defined in section 3 of P.L.1977, c.82 (C.30:6D-3); any forms that are to be used in requesting the informed consent of an individual with a developmental disability, or of the individual's guardian, with respect to the sharing of health information; and other forms, upon request, to the extent feasible.
L.2019, c.389, s.2.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:6D-27.3 - Service accessibility through cultural competency and language access.

30:6D-27.3 Service accessibility through cultural competency and language access.
3. The Division of Developmental Disabilities shall consult with the Office of New Americans in the Department of Human Services, established pursuant to Executive Order No. 74 (2019), to ensure service accessibility through cultural competency and language access.
L.2019, c.389, s.3.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:6D-28 - Transfers

30:6D-28. Transfers
a. All of the functions, powers and duties of the Division of Mental Retardation in the Department of Human Services and of the director of that division are transferred to the Division of Developmental Disabilities.
b. Unless specifically otherwise provided in this act or by any other law, whenever pursuant to law, reports, certifications, applications or requests are required or permitted to be made to the Division of Mental Retardation whose powers and duties are herein assigned or transferred, the reports and certifications are hereafter required to be filed with, and the applications or requests are hereafter required to be made to the Division of Developmental Disabilities.
c. The transfers directed by this act shall be effected pursuant to the "State Agency Transfer Act," P.L. 1971, c. 375 (C. 52:14D-1 et seq.).
L. 1985, c. 145, s. 6.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:6D-29 - References to Division of Mental Retardation

30:6D-29. References to Division of Mental Retardation
With respect to the functions, powers and duties hereby transferred to the Division of Developmental Disabilities, whenever reference is made in any law, contract or document to the Division of Mental Retardation or to the director thereof, the same shall mean and refer to the Division of Developmental Disabilities and the Director of the Division of Developmental Disabilities, respectively.
L. 1985, c. 145, s. 7.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:6D-30 - Eligibility continued.

30:6D-30 Eligibility continued.
8. Notwithstanding any provisions of this act to the contrary, the eligibility of persons with intellectual disabilities for services of the division shall continue as provided in chapter 4 of Title 30 of the Revised Statutes.
L.1985, c.145, s.8; amended 2010, c.50, s.55.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:6D-31 - Disability after age 22

30:6D-31. Disability after age 22
Within the limits of available funding and services, the director may declare as eligible for services under this act individuals who meet the criteria for developmental disability pursuant to subsection b. of section 3 of this act except that their disability was manifested after the age of 22 but before the age of 55.
L. 1985, c. 145, s. 9.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:6D-32 - Rules, regulations

30:6D-32. Rules, regulations
The commissioner shall, pursuant to the provisions of the "Administrative Procedure Act," P.L. 1968, c. 410 (C. 52:14B-1 et seq.), adopt rules and regulations necessary to effectuate the purposes of this act.
L. 1985, c. 145, s. 10.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:6D-32.1 - Findings, declarations relative to community care residential providers.

30:6D-32.1 Findings, declarations relative to community care residential providers.
1. The Legislature finds and declares that:
a. Community care residential providers for adults with developmental disabilities in the State of New Jersey, as defined by N.J.A.C.10:44B-1.3, provide an essential service by providing care and training to adults with developmental disabilities;
b. The State, through the Department of Human Services, is vested with the regulatory authority, including but not limited to the establishment of reimbursement rates, and the administrative oversight responsibility for the licensing of facilities and operation of community care residential provider homes;
c. Pursuant to its statutory and regulatory authority, the Department of Human Services is authorized to contract with a qualified third party agency or entity to provide oversight with respect to various administrative functions, including but not limited to the processing of board payments and/or cost-of-care payments to community care residential providers;
d. To ensure quality standards of care, it is in the public interest for the State to maintain community care residential provider homes for adults with developmental disabilities and to encourage the recruitment and retention of community care residential providers that are delivering these vital services; and
e. A majority of community care residential providers have authorized the Communications Workers of America, AFL-CIO (CWA) to be their exclusive representative through individually-signed authorizations and the New Jersey State Board of Mediation has certified CWA to represent community care residential providers.
L.2009, c.270, s.1.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:6D-32.2 - Agreement between community care residential providers and State.

30:6D-32.2 Agreement between community care residential providers and State.
2. a. The Commissioner of the New Jersey Department of Human Services, on behalf of the State of New Jersey, shall meet in good faith with the CWA, as the recognized exclusive majority representative of all community care residential providers, for the purpose of entering into a written agreement, or negotiating a renewal or extension, with any agreed upon modifications, of any agreement in effect upon or after the effective date of this act, regarding reimbursement rates, payment procedures, benefits, health and safety conditions and any other matters that would improve recruitment and retention of qualified community care residential providers and the quality of the programs they provide, subject to the provisions of this section. Although community care residential providers are not State employees, the subjects which may be included in an agreement shall be consistent with the areas which are considered negotiable for public employees who are subject to the provisions of the "New Jersey Employer-Employee Relations Act," P.L.1941, c.100 (C.34:13A-1 et seq.). Nothing in this act shall require that an agreement be reached on any particular matter provided the parties act in good faith.
b. The purpose of this section is to permit community care residential providers to select an exclusive majority representative to represent them as provided in this section. This act is intended by the Legislature to provide state action immunity under federal and state antitrust laws for any action of the State, or joint action of community care residential providers and their exclusive majority representative, to the extent those actions are authorized by this act. The protections and prohibitions regarding unfair practices provided by section 1 of P.L.1974, c.123 (C.34:13A-5.4) shall apply to any community care residential providers subject to this act, to the State as their employer, and to their employee organizations, representatives or agents.
c. Any agreement entered into, renewed or extended pursuant to this section shall be embodied in writing and shall be binding upon the State of New Jersey, and shall provide for the payment of union dues and representation fees in a manner consistent with the provisions of the "New Jersey Employer-Employee Relations Act," P.L.1941, c.100 (C.34:13A-1 et seq.) which apply to the payment of union dues and representation fees by public employees.
L.2009, c.270, s.2.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:6D-32.3 - Construction of act.

30:6D-32.3 Construction of act.
3. No provision of this act or provision of any agreement entered into, renewed or extended pursuant to this act shall be construed as:
a. Interfering with the rights of the Department of Human Services to place or remove clients from the homes of community care residential providers;
b. Interfering with the rights of individuals with developmental disabilities or their parents or guardians, including the right to change placements;
c. Granting community care residential providers any right to engage in a strike or collective cessation of the delivery of services; or
d. Granting community care residential providers status as employees of the State for the purposes of the "New Jersey Tort Claims Act," N.J.S.59:1-1 et seq., the New Jersey "Temporary Disability Benefits Law," P.L.1948, c.110 (C.43:21-25 et seq.), the New Jersey "unemployment compensation law," R.S.43:21-1 et seq., and the Workers' Compensation Law, R.S.34:15-1 et seq., nor status as employees of the State for any other purposes except for purposes indicated in section 1 of this act, including selecting representatives to negotiate and enter into agreements with the State as provided in that section.
L.2009, c.270, s.3.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:6D-32.4 - Authority of DHS intact.

30:6D-32.4 Authority of DHS intact.
4. No action may be taken under this act that would derogate from the status,
functions or authority of the Department of Human Services in its capacity as Lead Agency, or in any other capacity, in the placement and care of persons with developmental disabilities.
L.2009, c.270, s.4.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:6D-32.5 - Construction of act.

30:6D-32.5 Construction of act.
83. a. Nothing in this act shall be construed as intended to result in a reduction of federal funds that may be available to the State.
b. Nothing in this act shall be construed to alter or otherwise affect the current or future protections, funding, eligibility, services, rights, or responsibilities of any person under any provision or program, benefit, or service whose terminology is revised pursuant to this act. No change in terminology made pursuant to this act shall be construed as causing or intending any change in any definitions or meanings of any provision so changed.
c. Whenever the terms "mentally retarded," "mental retardation," "idiot," and "feeble-minded" occur or any reference is made thereto in any law, regulation, contract, or document, the same shall be deemed to mean or refer to "person who is intellectually disabled" or "person with an intellectual disability."
L.2010, c.50, s.83.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:6D-32.6 - Findings, declarations relative to services for persons with developmental disabilities.

30:6D-32.6 Findings, declarations relative to services for persons with developmental disabilities.
1. The Legislature finds and declares that:
a. Reliable and current data about the service needs of persons with developmental disabilities who are eligible for services from the Division of Developmental Disabilities in the Department of Human Services is fundamental to the division's ability to plan effectively to meet those needs;
b. Similarly, in order to make appropriate decisions about State funding for these services, it is important to understand the needs of persons with developmental disabilities served by the division;
c. Information about service needs is also essential for service providers as they seek to expand services, acquire or build infrastructure where needed, make services available at the time they are needed, and ensure that the services they provide are compatible with the needs of persons with developmental disabilities residing in their particular service areas;
d. Additionally, persons with developmental disabilities and their family members and guardians need access to current data so that they can develop informed expectations about the system that provides services for persons with developmental disabilities;
e. As this system evolves into one in which more persons with developmental disabilities and their family members and guardians play a larger role in obtaining necessary support services in the community, it is critical to create a truly transparent system on which persons with developmental disabilities and their family members and guardians can rely, and which they can trust; and
f. In order to ensure that the State and persons with developmental disabilities and their family members and guardians have reliable data about the service needs of persons with developmental disabilities and that such data can be made available to those who need to factor that information into their decision-making, planning, funding, and expectations for services, it is the policy of the State to provide for the collection and dissemination of data on persons with developmental disabilities.
L.2011, c.163, s.1.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:6D-32.7 - Definitions relative to services for persons with developmental disabilities.

30:6D-32.7 Definitions relative to services for persons with developmental disabilities.
2. As used in this act:
"Department" means the Department of Human Services.
"Division" means the Division of Developmental Disabilities in the Department of Human Services.
"Eligible person with a developmental disability" or "eligible person" means an eligible person with a developmental disability as defined in section 3 of P.L.1985, c.145 (C.30:6D-25).
"Services" means services as defined in section 3 of P.L.1985, c.145 (C.30:6D-25).
L.2011, c.163, s.2.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:6D-32.8 - Collection of information, maintenance of database.

30:6D-32.8 Collection of information, maintenance of database.
3. a. The Division of Developmental Disabilities shall collect, and when practical maintain a database of, information about eligible persons with developmental disabilities pursuant to this section.
b. The division shall, within 12 months of the effective date of this act, collect and maintain data as specified in this section on persons declared eligible persons as of the effective date of this act. In the case of a person with a developmental disability who becomes eligible for services after the effective date of this act, the division shall collect the data no later than 60 days after the person is determined eligible for services by the division.
The data to be collected, and when practical maintained, for each eligible person shall include:
(1) the person's name and contact information, guardian, if applicable, and any primary caregivers;
(2) the person's age, gender, race or ethnicity, and disability or diagnosis, as applicable;
(3) a needs assessment categorized, at a minimum, by the person's need for residential services, employment or day support services, family support services, medical support services, and behavioral support services; and
(4) a list of services that the person or his parent or guardian has indicated the person would like to receive, including residential and day support services.
c. The division shall ensure that eligible persons are re-assessed as to their needs and services as needed.
L.2011, c.163, s.3.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:6D-32.9 - Annual notification to persons receiving services.

30:6D-32.9 Annual notification to persons receiving services.
4. The division shall annually notify, in writing, persons receiving services of the following:
a. the services the person is currently receiving from the division and, in the case of an individual budget to purchase services, the amount of that budget and the services that are being purchased with the funds from that budget;
b. the person's status on a waiting list, if any, and how many persons with developmental disabilities on the list are expected to be served in the next 12 months;
c. the manner in which the person can easily correct or update, as applicable: the person's contact information; information concerning how the person is spending funds in an individual budget, if any; the person's expected future service needs; and any other relevant information that requires updating; and
d. information about where the person with a developmental disability or family member or guardian can find information about services for persons with developmental disabilities, including the link to the department's official website.
L.2011, c.163, s.4.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:6D-32.11 - Report to Governor, Legislature.

30:6D-32.11 Report to Governor, Legislature.
6. The department shall report to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), two years after the effective date of this act as to: the progress of the data collection and reporting required pursuant to this act; and the viability of including additional data within its data collection and reporting practices.
L.2011, c.163, s.6.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:6D-32.12 - Rules, regulations.

30:6D-32.12 Rules, regulations.
7. The Commissioner of Human Services, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations to effectuate the purposes of sections 3 and 4 of this act.
L.2011, c.163, s.7.