reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:6D-34 - Findings, declarations

30:6D-34. Findings, declarations
2. The Legislature finds and declares that:
a. It is in the best interest of the State of New Jersey to preserve, strengthen and maintain the family unit. All individuals, regardless of disability, have the right to belong to a family unit where enduring relationships can be fostered.
b. Families are the major providers of support, care, training and other services for their family member with a developmental disability living at home. Consequently, families are continually searching for ways to support family members with developmental disabilities in their homes instead of placing these individuals in a State or private institution.
c. Many families with a family member with a developmental disability experience exceptionally high financial outlays and extraordinary physical and emotional challenges, isolation, stigmatization and daily stress. Supporting families in their effort to care for their family member with a developmental disability at home is efficient, cost effective and humane; failure to provide needed supports can result in premature placement of the family member in a setting outside the home.
d. To be effective, family supports must support the entire family, must be easily accessible, flexible, culturally sensitive and individualized. They must be designed to promote interdependence, independence, productivity and integration of people with disabilities into the community. Family supports must also be built on existing social networks and naturally occurring supports including extended families, neighbors and community associations.
e. A Statewide family support policy must acknowledge that families themselves are able to define their own needs and select their own services; family supports must be chosen by families, controlled by families and monitored by families.
f. Adults with disabilities should be afforded the opportunity to make decisions for themselves, live in typical homes and communities and exercise their full rights as citizens. Adults with disabilities should have options for living separately from their families, but when this is not the case, families should be provided the supports they need.
L.1993,c.98,s.2.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:6D-35 - Definitions.

30:6D-35 Definitions.
3. For the purposes of this act:
"Department" means the Department of Human Services.
"Family member with a developmental disability" means a person who has a developmental disability as defined pursuant to section 3 of the "Division of Developmental Disabilities Act," P.L.1985, c.145 (C.30:6D-25).
"Family" means the family member with a developmental disability and his parents and siblings, or spouse and children.
"Family support services" means a coordinated system of ongoing public and private support services which are designed to maintain and enhance the quality of life of a family member with a developmental disability and his family as set forth in section 4 of this act.
"Parent" means the biological or adoptive parent or uncompensated resource family parent or legal guardian who cares for the family member with a developmental disability and with whom the family member with a developmental disability resides.
"System" means the Family Support System established pursuant to section 4 of this act.
L.1993,c.98,s.3; amended 2004, c.130, s.110.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:6D-36 - Family Support System

30:6D-36. Family Support System
4. a. There is established in the Division of Developmental Disabilities in the Department of Human Services a Family Support System to create flexible supports designed to strengthen and promote families who provide care within the family home for a family member with a developmental disability.
b. The Statewide system shall include, but not be limited to the following services: after school care; cash subsidies; communication and interpreter services; counseling services; crisis intervention; day care; equipment and supplies; estate and transition planning; home and vehicle modification; home health services; homemaker assistance; housing assistance; medical and dental care not otherwise covered; parent education and training; personal assistance services; recreation services; respite care for families; self advocacy training; service coordination; specialized diagnosis and evaluation; specialized nutrition and clothing; therapeutic or nursing services; transportation; voucher services; and other services as identified by the family.
c. A family is eligible to participate in the system if the family resides in the State; the family member has a developmental disability and is eligible for services from the Division of Developmental Disabilities; and the family meets the income, need and other criteria established by the Commissioner of Human Services. The commissioner shall establish income, need and other criteria to ensure that the expenditures for the system are within the limits of the funds available for the purposes of this act.
d. A family may either receive services from an agency under contract with the department or may exchange a voucher for services of its choice.
L.1993,c.98,s.4.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:6D-37 - Administration of system

30:6D-37. Administration of system
5. a. The system shall be administered by the Division of Developmental Disabilities in the department, in conjunction with a coordinator working under the direction of the Developmental Disabilities Council who shall be a person qualified by training and experience to perform the duties of his office.
b. The coordinator shall, with input from the family support planning councils established pursuant to section 6 of this act, adopt, review and revise, as needed, a State Family Support Plan which shall:
(1) assess needs, establish goals and set priorities for the provision of family support services for individuals with developmental disabilities; and
(2) provide for outreach and coordinated delivery of family support services.
c. The coordinator shall coordinate efforts by public and private agencies and family support planning councils. Coordination shall include, but not be limited to, identification of services provided by different agencies to avoid duplication; planning with all agencies to insure that gaps in services are filled; and the coordination of administrative support services to each of the local planning councils.
d. The Division of Developmental Disabilities shall develop an agreement with the Developmental Disabilities Council regarding the role and authority of the coordinator.
L.1993,c.98,s.5.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:6D-38 - Family support planning councils

30:6D-38. Family support planning councils
6. Family support planning councils shall be established on a regional basis and shall work to expand and establish family support services in their region. Family support planning councils shall provide an opportunity for the public to express comments and share concerns and grievances. The councils shall be comprised of no more than 11 members; each of whom shall be either a family member of a person with a developmental disability or a person with a developmental disability. Council members shall serve without compensation beyond reimbursement for reasonable transportation, child care and other costs related to serving on the council. The councils shall monitor the implementation of the system and provide recommendations to the coordinator regarding family support services. Each council shall, at least annually, submit a report, in writing, to the Commissioner of Human Services.
L.1993,c.98,s.6.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:6D-39 - Allocation of monies, existing rights, entitlements, services not supplanted

30:6D-39. Allocation of monies, existing rights, entitlements, services not supplanted
7. a. No more than 10% of the monies available for the purposes of this act shall be allocated for administration of the system.
b. The department and any publicly funded agency which provides family support services shall assist families in obtaining all other sources of funding before using funds available for the purposes of this act.
c. The services provided pursuant to this act shall not supplant any existing rights, entitlements or services for which the family or individual may be eligible.
L.1993,c.98,s.7.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:6D-40 - Services considered State benefit

30:6D-40. Services considered State benefit
8. Notwithstanding the provisions of any law to the contrary, the family support services provided pursuant to this act shall be considered a State benefit and shall not be counted as income for the purposes of State taxation or eligibility for other State benefits.
L.1993,c.98,s.8.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:6D-41 - Rules, regulations

30:6D-41. Rules, regulations
9. The Commissioner of Human Services shall, pursuant to 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, including designating the regions for the family support planning councils.
L.1993,c.98,s.9.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:6D-42 - Preparation, submission of plan to eliminate waiting list

30:6D-42. Preparation, submission of plan to eliminate waiting list
2. a. The Commissioner of Human Services shall prepare and submit a plan to the Governor and the Legislature within 180 days after the effective date of this act to eliminate the current and future Division of Developmental Disabilities' waiting list by the year 2008.
b. The plan shall include:
1. Statistical information on the current and projected increase in the waiting list;
2. Financial information on the capital funds necessary to eliminate the current and future waiting list by the year 2008; and
3. Financial information on the amount of additional State, federal and other funds that may be required annually for operating costs associated with eliminating the waiting list by the year 2008.
c. In developing the plan, the commissioner shall conduct public hearings and obtain public input from persons with developmental disabilities or their families or guardians and providers of services to the developmental disabilities community.
d. The commissioner shall update the statistical and financial data in the plan annually and submit the updated plan to the Governor and the Legislature by December 31 of each year.
L.1997,c.17,s.2.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:6D-42.1 - Federal Medicaid waivers for persons with developmental disabilities; application, determination.

30:6D-42.1 Federal Medicaid waivers for persons with developmental disabilities; application, determination.
1. a. The Commissioner of Human Services, in conjunction with the Director of the Division of Developmental Disabilities, shall apply for such Home and Community-Based Services waivers authorized by section 1915(c) of the Social Security Act, 42 U.S.C.1396n(c), as determined appropriate by the commissioner to meet the needs of clients of the division.
b. The commissioner shall report to the chairmen of the Senate Health, Human Services and Senior Citizens Committee and the Assembly Health and Human Services Committee three months after the effective date of this act, and then at three-month intervals until such time as the waiver is approved by the federal government, on the status of the waiver application and the actions taken to date to obtain the waiver.
c. The department shall post on its official Internet web site the final determination by the Centers for Medicare and Medicaid Services of the waiver application, and if the waiver is approved, the number of waiver slots available under the waiver, the type of services that will be covered under the waiver, and such other information that the commissioner deems appropriate.
L.2005, c.252, s.1.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:6D-42.2 - Report issued upon approval of waiver; contents, public hearing.

30:6D-42.2 Report issued upon approval of waiver; contents, public hearing.
2. a. Upon approval of the waiver by the federal government, the Commissioner of Human Services, in conjunction with the Director of the Division of Developmental Disabilities, shall issue a report to the chairmen of the Senate Health, Human Services and Senior Citizens Committee and the Assembly Health and Human Services Committee one year after the approval that contains, but is not limited to, the following information:
(1) (a) a list of all waiver-eligible services that were provided by the division in the year prior to the date of the waiver application, indicating if any of the services were covered by an existing waiver and, for each service, the average daily cost of the service per consumer, the percentage of the cost that included non-Medicaid reimbursable costs and the number of consumers who received the service and the number who received the service under an existing waiver; (b) the number of individuals who received State-funded-only services; (c) a discussion of any impediments to expanding existing waiver services including, but not limited to, funding and availability of service providers; and (d) the total administrative cost for the division to implement each waiver, and the percentage of that cost for which federal matching funds are available; and
(2) for each service under the new waiver, the average daily cost of the service per consumer, the percentage of the cost that includes non-Medicaid reimbursable costs, the number of consumers receiving the service and the number who receive the service under the waiver.
b. Each subsequent year, the Commissioner of Human Services, in conjunction with the Director of the Division of Developmental Disabilities, shall issue a report which contains, but is not limited to, updates of the information specified in subsection a. of this section. In addition, the report shall specify the amount of funds that were allocated for each service under the waiver and the proportion that funding represents to the total amount spent for all community-based services.
c. Within 60 days after issuance of each report required by this section, the department shall hold a public hearing, in different regions of the State each year, to encourage community discussion of the division's waivers and the provision of community-based services.
d. The department shall post on its official Internet web site the reports required pursuant to this section.
L.2005, c.252, s.2.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:6D-44 - Findings, declarations relative to assessment on intermediate care facilities.

30:6D-44 Findings, declarations relative to assessment on intermediate care facilities.
2. The Legislature finds and declares that:
a. It is in the public interest to generate revenue to be used by the Division of Developmental Disabilities in the Department of Human Services to reduce the number of disabled persons awaiting placement in a community residence or program; and
b. By establishing an appropriate assessment on intermediate care facilities for persons with developmental disabilities, to the extent possible under federal law, additional funding will be available for more placements of disabled persons in community residences or programs.
L.1998, c.40, s.2; amended 2010, c.50, s.56.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:6D-45 - Definitions relative to assessment on immediate care facilities.

30:6D-45 Definitions relative to assessment on immediate care facilities.
3. As used in this act:
"Commissioner" means the Commissioner of Human Services.
"Gross revenue" means all revenue received by an ICF-DD from patients or third parties, including, but not limited to, persons, Medicaid and other payers related to patient services.
"Intermediate care facility for persons with developmental disabilities" or "ICF-DD" means any institution licensed by the Department of Health and Senior Services as an ICF-DD or operated by the Department of Human Services as a certified ICF-DD.
"Medicaid" means the Medicaid program established pursuant to P.L.1968, c.413 (C.30:4D-1 et seq.).
L.1998, c.40, s.3; amended 2010, c.50, s.57.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:6D-46 - Payment of annual assessment.

30:6D-46 Payment of annual assessment.
4. a. Beginning July 1, 1998, except as provided in subsection b. of this section, all ICF-MRs in the State shall annually pay an assessment of 5.8% annually of gross revenue. This assessment shall be paid on a quarterly basis to the Director of the Division of Revenue in the Department of the Treasury. The Director of the Division of Revenue, in consultation with the Director of the Division of Taxation in the Department of the Treasury, shall establish appropriate procedures and forms for the purpose of collecting and recording this assessment. The provisions of the State Uniform Tax Procedure Law, R.S.54:48-1 et seq. shall apply to the extent that its provisions, including the confidentiality, protest and appeal provisions, are not inconsistent with the provisions of P.L.1998, c.40 (C.30:6D-43 et seq.).
b. For the period January 1, 2008 through September 30, 2011, all ICF-MRs in the State shall annually pay an assessment of 5.3% annually of gross revenue. This assessment shall be paid on a quarterly basis to the Director of the Division of Revenue in the Department of the Treasury. The Director of the Division of Revenue, in consultation with the Director of the Division of Taxation in the Department of the Treasury, shall establish appropriate procedures and forms for the purpose of collecting and recording this assessment. The provisions of the State Uniform Tax Procedure Law, R.S.54:48-1 et seq. shall apply to the extent that its provisions, including the confidentiality, protest and appeal provisions, are not inconsistent with the provisions of P.L.1998, c.40.
L.1998, c.40, s.4; amended 2007, c.230.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:6D-47 - Submission of gross revenue reports.

30:6D-47 Submission of gross revenue reports.
5. An ICF-MR shall submit appropriate gross revenue reports to the Director of the Division of Revenue on a quarterly basis. The Director of the Division of Revenue shall develop procedures, forms and appropriate time lines for an ICF-MR to follow in making its reports.
L.1998,c.40,s.5.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:6D-48 - Failure to pay assessment; penalty.

30:6D-48 Failure to pay assessment; penalty.
6. An ICF-MR that fails to pay the assessment imposed under this act when due, shall be liable to a penalty of 10% on the amount of the underpayment of the assessment. In addition, the ICF-MR shall pay interest at the rate of 6% per month on the amount of the underpayment of the assessment and the interest shall continue to accrue on the unpaid balance of principal assessment due until the date of the actual payment.
L.1998,c.40,s.6.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:6D-49 - Set-off of reimbursement payment.

30:6D-49 Set-off of reimbursement payment.
7. If an ICF-MR fails to pay an assessment for two or more quarters, the Director of the Division of Revenue shall seek to set off so much of the Medicaid reimbursement payment which is due the ICF-MR as is necessary to satisfy the indebtedness. The Director of the Division of Revenue, in consultation with the Director of the Division of Taxation and the Department of Human Services, shall establish procedures and methods to effect the set-off. The Director of the Division of Taxation shall give notice to the ICF-MR and provide the opportunity for a hearing pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), but no request for a hearing or any subsequent appeal shall stay the collection of the indebtedness, nor shall any protest or appeal provided for in section 4 of this act stay such collection. No Medicaid reimbursement payment shall be made to the ICF-MR pending resolution of the indebtedness. Neither the State Treasurer nor any other State agency, official or employee shall be held liable to the ICF-MR for any damages sustained by the ICF-MR resulting from the set-off provided for in this section.
L.1998,c.40,s.7.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:6D-50 - Assessment considered allowable cost for Medicaid reimbursement.

30:6D-50 Assessment considered allowable cost for Medicaid reimbursement.
8. Excluding any interest and penalty, the assessment imposed by this act shall be considered an allowable cost for Medicaid reimbursement purposes.
L.1998,c.40,s.8.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:6D-51 - Division of Development Disabilities Community Placement and Services Fund.

30:6D-51 Division of Development Disabilities Community Placement and Services Fund.
9. a. The State Treasurer shall establish the Division of Developmental Disabilities Community Placement and Services Fund in the Department of the Treasury. All monies collected from the assessments set forth in this act shall be deposited in this fund. Subject to appropriation by the Legislature, the monies in this fund shall be transferred to the Department of Human Services in full to be used for reducing the Division of Developmental Disabilities' waiting list, making appropriate community placements and providing support services. The fund shall not be used to supplant appropriations from the General Fund to the Department of Human Services for use in making community placements.
b. The State Treasurer shall issue a quarterly report concerning the status of collections to the commissioner.
L.1998,c.40,s.9.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:6D-52 - Portions of act severable.

30:6D-52 Portions of act severable.
10. If any part of this act is found by a court of competent jurisdiction to be invalid, unconstitutional, or otherwise in violation of federal law or regulations, that portion of the act shall be of no force and effect, and all other portions of the act shall be in full force and effect so long as the remaining portion of the act continues to be in compliance with federal law.
L.1998,c.40,s.10.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:6D-54 - Imposition of health care related fee, assessment, tax prohibited.

30:6D-54 Imposition of health care related fee, assessment, tax prohibited.
12. Notwithstanding any provision of law to the contrary, there shall be no health care related fee, assessment or tax as defined in 42 CFR s.433.55 imposed on any ICF-MR by any State board, bureau or agency without prior notice to and approval by the State Treasurer and the commissioner. Any fee or assessment imposed on an ICF-MR without express approval of the State Treasurer and the commissioner shall be void.
L.1998,c.40,s.12.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:6D-55 - Rules, regulations.

30:6D-55 Rules, regulations.
13. The State Treasurer, 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 this act and to comply with the requirements of Pub.L.104-193; except that, notwithstanding any provision of P.L.1968, c.410 (C.52:14B-1 et seq.) to the contrary, the State Treasurer may adopt, immediately upon filing with the Office of Administrative Law, such regulations as the State Treasurer deems necessary to implement the provisions of this act, which shall be effective for a period not to exceed six months and may thereafter be amended, adopted or re-adopted in accordance with the requirements of P.L.1968, c.410 (C.52:14B-1 et seq.).
L.1998,c.40,s.13.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:6D-58 - Definitions relative to autism.

30:6D-58 Definitions relative to autism.
3. As used in this act:
"Autism" includes autism spectrum disorders to the extent determined by the council to be appropriate.
"Center" means the Center of Excellence for Autism established pursuant to this act.
"Council" means the "Governor's Council for Medical Research and Treatment of Autism" established pursuant to this act.
L.1999, c.105, s.3; amended L.2007, c.168, s.3.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:6D-58.1 - References to Council.

30:6D-58.1 References to Council.
7. Whenever the term "Governor's Council for Medical Research and Treatment of Infantile Autism" occurs or any reference is made thereto in any law, contract or document, the same shall be deemed to mean or refer to the "Governor's Council for Medical Research and Treatment of Autism."
L.2007, c.168, s.7.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:6D-59 - "Governor's Council for Medical Research and Treatment of Autism.

30:6D-59 "Governor's Council for Medical Research and Treatment of Autism.
4. a. There is established in the Department of Health and Senior Services, the "Governor's Council for Medical Research and Treatment of Autism." The council shall be composed of 14 members as follows: seven persons to be appointed by the Governor, two of whom shall be members of the public who do not occupy a leadership position in any of the organizations represented on the council, of which two members one shall be a person with a diagnosis of autism or autism spectrum disorder or the family member of such a person, four of whom shall be appointed in consultation with the presidents of academic institutions in this State that are engaged in autism research, and one of whom shall be a representative of a health care organization with demonstrated clinical expertise in the evaluation and treatment of autism spectrum disorders; one person to be appointed by the President of the Senate and one person to be appointed by the Speaker of the General Assembly; one person to be appointed by the Commissioner of Health and Senior Services; and four persons, also to be appointed by the Governor, who represent autism organizations in New Jersey, each of whom shall represent no more than one such organization.
b. At its first meeting of each calendar year, the council shall select, by a simple majority of the members present, a chairperson from among its members, who shall serve as the chairperson until the first meeting held in the next calendar year, at which time the same person may be selected as chairperson or a new chairperson may be selected in the same manner. The members of the council shall serve for three-year terms. Each member shall hold office for the term of appointment and until a successor is appointed and qualified. All vacancies shall be filled in the same manner as the original appointment. Members appointed to fill a vacancy occurring for any reason other than the expiration of the term shall serve for the unexpired term only. The members of the council shall be eligible for reappointment.
c. The members of the council shall serve without compensation, but shall be reimbursed for necessary expenses incurred in the performance of their duties.
d. A majority of the members of the council shall constitute a quorum, but a lesser number may hold hearings.
e. The council shall meet periodically at the call of the chairperson, but not less than four times in each calendar year.
f. The Commissioner of Health and Senior Services, in consultation with the council, shall appoint a director of the council. The director shall be a person qualified by training and experience to perform the duties of that position. The director at the direction of the council, may call upon the commissioner for additional staff assistance and resources as appropriate.
L.1999, c.105, s.4; amended L.2007, c.168, s.4.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:6D-60 - Center of Excellence for Autism.

30:6D-60 Center of Excellence for Autism.
5. a. The council shall make awards of grants and contracts to public and nonprofit private entities to pay all or part of the cost of planning, establishing, improving and providing basic operating support for a Center of Excellence for Autism in the State where basic and applied biomedical research, diagnosis and treatment for autism shall take place.
b. The council shall define the scope of the programs to be undertaken at the center with the understanding that the center shall conduct:
(1) basic and clinical research into the cause, diagnosis, early detection, prevention, control and treatment of autism, including research in the fields of developmental neurobiology, genetics, psychopharmacology, neuroimaging, immunology, infectious diseases, gastroenterology and endocrinology;
(2) training programs on biomedical treatments, diagnosis and prevention for autism for physicians, scientists and other health care and allied health care professionals in the State; and
(3) information and continuing educational programs on the latest advances in biomedical research on autism for physicians and other health care and allied health care professionals who provide care for patients with autism in the State.
c. The center may carry out programs to make individuals in the State aware of opportunities to participate as subjects in research conducted by the center. The program may provide fees to these subjects. The program may, in accordance with guidelines established by the council, provide to these subjects health care, referrals for health and other services and such incidental services as will facilitate the participation of individuals as subjects.
d. The center may provide stipends for health care professionals enrolled in training programs established under paragraph (2) of subsection b. of this section.
e. The council may require the periodic preparation of reports on the activities of the center and the submission of the reports to the council.
f. The center shall use the facilities of a single medical facility or higher education medical institution, or be formed from a consortium of cooperating facilities or institutions, and shall meet any requirements as may be prescribed by the council, with the understanding that the work carried out at the center shall be comprehensive and fully collaborative.
L.1999, c.105, s.5; amended L.2007, c.168, s.5.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:6D-61 - Duties of council, director.

30:6D-61 Duties of council, director.
6. The council shall provide guidance and direction to the director of the council, who shall be responsible for the following duties:
a. Carry out a program to provide information and education on advances in the diagnosis and biomedical treatment of autism to families in the State with autistic members and to the general public;
b. Establish a five-member Scientific Advisory Committee whose members shall serve at the pleasure of the council. The members of the committee shall include: three biomedical research scientists with demonstrated achievements in biomedical research relating to autism; and two medical clinicians whose practice is primarily devoted to the treatment of individuals with autism. The committee shall identify and make recommendations to the council regarding grants for the most promising pilot studies for biomedical research, diagnosis and treatment for autism and autism spectrum disorders;
c. Present the recommendations of the Scientific Advisory Committee to the council, which shall select the final grants for pilot studies;
d. Establish mechanisms to use the results of biomedical research on autism and autism spectrum disorders, conducted at the center and through the pilot studies in the development of policies and programs to improve the outcomes of individuals in the State with these disorders;
e. Establish a mechanism for the sharing of information among researchers and clinicians in the State conducting biomedical research on autism and autism spectrum disorders;
f. Provide for a mechanism that would permit the public to obtain information on the existing and planned programs and activities being conducted through the center and the pilot studies, and the council to receive comments from the public regarding these programs and activities;
g. Continually seek and apply for funding to supplement and eventually replace the moneys provided pursuant to subsection f. of R.S.39:5-41; and
h. Report not later than March 1 of each year to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature on the status of the Center of Excellence for Autism and other activities of the council.
L.1999, c.105, s.6; amended L.2007, c.168, s.6.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:6D-62 - Authorizations for appropriations for purposes of the act.

30:6D-62 Authorizations for appropriations for purposes of the act.
8. Authorizations for appropriations under this act are in addition to any other authorization of appropriations that is available for the purposes of this act, and shall not supplant any existing or future funding from the State for the provision of housing, training, education and general support of individuals with autism and autism spectrum disorders.
L.1999,c.105,s.8.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:6D-62.1 - Annual appropriation to Governor's Council for Medical Research and Treatment of Autism.

30:6D-62.1 Annual appropriation to Governor's Council for Medical Research and Treatment of Autism.
1. Beginning in Fiscal Year 2001 and in each fiscal year thereafter, the Governor shall recommend and the Legislature shall appropriate $1,500,000 from the General Fund to the Governor's Council for Medical Research and Treatment of Autism established pursuant to P.L.1999, c.105 (C.30:6D-56 et seq.).
L.2001, c.338, s.1; amended L.2007, c.168, s.8.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:6D-62.2 - "Autism Medical Research and Treatment Fund" established.

30:6D-62.2 "Autism Medical Research and Treatment Fund" established.
1. a. There is established in the Department of the Treasury a nonlapsing fund to be known as the "Autism Medical Research and Treatment Fund." This fund shall be the repository for moneys provided pursuant to subsection f. of R.S.39:5-41. Moneys deposited in the fund, and any interest earned thereon, shall be allocated to the Governor's Council for Medical Research and Treatment of Autism established pursuant to P.L.1999, c.105 (C.30:6D-56 et seq.), to support grants and contracts awarded under subsection a. of section 5 of P.L.1999, c.105 (C.30:6D-60), and any grants for pilot studies selected under subsection c. of section 6 of P.L.1999, c.105 (C.30:6D-61), provided that, if federal funds are available for the purpose, the grantee or contractor shall, as a condition of receiving any such grant or contract from the fund, apply for an amount of federal funds in support of that grant or contract.
b. Any costs incurred by the department in the collection or administration of the fund may be deducted from the funds deposited therein, as determined by the Director of the Division of Budget and Accounting.
L.2003, c.144, s.1; amended L.2007, c.168, s.9.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:6D-62.3 - Findings, declarations relative to Asperger's Syndrome.

30:6D-62.3 Findings, declarations relative to Asperger's Syndrome.
1. The Legislature finds and declares that:
a. Asperger's Syndrome is a Pervasive Developmental Disorder often characterized by autistic-like behaviors and marked by deficiencies in social and communication skills;
b. Children with Asperger's Syndrome tend to be self-absorbed, have difficulty making friends, are often preoccupied with their own interests and easily become the victims of teasing or bullying;
c. The best studies conducted to date indicate that Asperger's Syndrome is five to six times more common than classic autism;
d. Those with the disorder are often misdiagnosed with other neurological disorders such as Attention Deficit and Hyperactivity Disorders or Obsessive Compulsive Disorder;
e. Although those with Asperger's Syndrome have a better prognosis than those with other Pervasive Developmental Disorders, people with Asperger's Syndrome often continue to demonstrate difficulties in social interactions well into their adult lives and face an increased risk of developing psychosis, depression and anxiety;
f. Persons with Asperger's Syndrome who are diagnosed and treated early have an increased chance of living independently and leading healthy, productive lives;
g. Because individuals evidencing this syndrome may have normal to superior intelligence, and do not always evidence significant functional impairments across a range of life skills, they may not be eligible for services from the Division of Developmental Disabilities in the Department of Human Services;
h. The range of support needs for persons with Asperger's Syndrome typically includes: social skills training; social supports, including supported employment; housing supports; and psychiatric and psychological services for the treatment of Obsessive Compulsive Disorder and other neurological disorders; and
i. The public policy of this State should seek to provide a vehicle to address the needs of those who suffer from Asperger's Syndrome through the establishment of a demonstration program that provides vocational, educational and social training services to individuals with this disorder.
L.2007, c.169, s.1.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:6D-62.4 - Asperger's Syndrome Pilot Initiative established in DHS.

30:6D-62.4 Asperger's Syndrome Pilot Initiative established in DHS.
2. The Commissioner of Human Services shall establish the Asperger's Syndrome Pilot Initiative in the Department of Human Services.
a. The purpose of the initiative shall be to provide vocational, educational and social training services to persons with Asperger's Syndrome, through community-based service sites, which offer these individuals appropriate support, guidance and education to enable them to: further their education, achieve gainful employment, develop meaningful friendships, and become broadly competent adults who are able to lead fulfilling lives.
b. The commissioner shall contract with one or more entities to make services available Statewide under the initiative.
c. The initiative shall provide services, through an individualized approach to instruction and support for persons with Asperger's Syndrome, which address a comprehensive range of support needs for these individuals, including, at a minimum: social skills training; social supports, including supported employment; housing supports; and psychiatric and psychological services for the treatment of Obsessive Compulsive Disorder and other neurological disorders.
d. The commissioner shall report to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), on the initiative no later than two years after the date that it commences operations, and shall include in that report a detailed summary of its activities, an assessment of its cost-effectiveness, and any recommendations that the commissioner desires to make for the extension, expansion, modification or termination of the initiative.
L.2007, c.169, s.2.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:6D-63 - Definitions relative to criminal history background checks for community agency employees.

30:6D-63 Definitions relative to criminal history background checks for community agency employees.
1. As used in this act:
a. "Commissioner" means the Commissioner of Human Services.
b. "Community agency employee" means any individual 18 years of age or older who is employed by a public or private agency under contract with or licensed by the department to provide services to department clients who have developmental disabilities or brain injuries and includes all personnel working or residing at an agency who may come into direct contact with clients.
c. "Community agency head" means the person responsible for the overall operation of the agency under contract with or licensed by the department.
d. "Department" means the Department of Human Services.
e. "Community agency" means a public or private agency under contract with or licensed by the department to provide services to department clients who have developmental disabilities or brain injuries.
f. "Community agency board" means the board of directors of a community agency.
g. "Community care residence" means a private house or apartment in which a person 18 years or older is under contract with or licensed by the department to provide individuals with developmental disabilities or persons with brain injury with care and a level of training and supervision that is based upon the documented needs of the individuals.
h. "Community care residence applicant" means a person age 18 or older who satisfactorily initiates and completes the application process in order to obtain a license to operate a community care residence.
i. "Community care residence alternate" means a person 18 years of age or older who has been selected by the applicant to provide care and supervision for individuals who require supervision at the community care residence.
j. "Community care residence household member" means a person 18 years of age or older who resides in a community care residence, but does not include the individual who is receiving services from the department.
k. "Under contract" means a provider under a written agreement with the department or a provider approved by the department to provide disability services to individuals that are eligible to receive services from the department.
L.1999, c.358, s.1; amended 2000, c.97, s.1; 2017, c.328, s.1.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:6D-65 - Authorization to exchange data.

30:6D-65 Authorization to exchange data.
3. An individual who is a current, or prospective, community agency head, community agency employee, community care residence applicant, community care residence alternate, or community care residence household member shall submit to the Commissioner of Human Services his or her name, address, and fingerprints taken in accordance with procedures established by the commissioner. The commissioner is authorized to exchange fingerprint data with and receive criminal history record information from the Federal Bureau of Investigation and the Division of State Police for use in making the determinations required by this act. The Division of State Police shall also promptly notify the department in the event an individual who was the subject of a criminal history record background check conducted pursuant to sections 2 through 7 of P.L.1999, c.358 (C.30:6D-64 through C.30:6D-69), is convicted of a crime or offense in this State after the date that the criminal history record background check was performed. No later than 14 days from receipt of such notification, the department shall make a determination regarding the employment or qualification of the individual , and shall notify the individual and the community agency or the community care residence in writing of the determination. The written notice may be transmitted electronically if the individual authorizes the department to transmit the information electronically. No criminal history record check shall be performed pursuant to this act unless the individual shall have furnished his written consent to the check. All individuals shall have their fingerprints taken on standard fingerprint cards by a State or municipal law enforcement agency, a personnel unit of the department , or a community agency designated by the department.
L.1999, c.358, s.3; amended 2000, c.97, s.3; 2017, c.328, s.3.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:6D-66 - Written notice to applicant, employer of record information.

30:6D-66 Written notice to applicant, employer of record information.
4. No longer than 14 days from receipt of the criminal history record information from the Federal Bureau of Investigation and the Division of State Police, the department shall notify the individual and the community agency or the community care residence in writing of qualification or disqualification. If the individual is disqualified, the State conviction or convictions which constitute the basis for the disqualification shall be identified in the written notice. The written notice may be transmitted electronically if the individual authorizes the department to transmit the information electronically.
L.1999, c.358, s.4; amended 2000, c.97, s.4; 2017, c.328, s.4.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:6D-67 - Petition for hearing.

30:6D-67 Petition for hearing.
5. The individual may petition for a hearing on the accuracy of the criminal history record information with the appropriate State or federal agency or court.
L.1999, c.358, s.5; amended 2000, c.97, s.5; 2017, c.328, s.5.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:6D-68 - Maintenance of information.

30:6D-68 Maintenance of information.
6. The department shall maintain all criminal history record information submitted under this act in accordance with rules and regulations which the commissioner shall adopt to implement the provisions of this act.
L.1999, c.358, s.6; amended 2000, c.97, s.6; 2017, c.328, s.6.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:6D-69 - Initiation of background check.

30:6D-69 Initiation of background check.
7. In accordance with this act, the department shall initiate a criminal history record background check on all community agency heads, community agency employees, community care residence applicants, community care residence alternates, or community care residence household members who have not had a criminal history record background check completed in the previous two years from the date of enactment of P.L.2017, c.328 (C.30:11B-4.3 et al.)
L.1999, c.358, s.7; amended 2000, c.97, s.7; 2017, c.328, s.7.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:6D-70 - Report to Governor, Legislature.

30:6D-70 Report to Governor, Legislature.
8. The commissioner shall report to the Governor and the Legislature no later than three years from the effective date of this act on the effectiveness of the criminal history record background checks in screening out prospective or current community agency heads and agency employees who have criminal history records which render them unfit for employment. The commissioner shall include in the report any recommendations for modifying the provisions of this act.
L.1999,c.358,s.8.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:6D-71 - Rules, regulations.

30:6D-71 Rules, regulations.
9. In accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the commissioner shall adopt rules and regulations necessary to implement the provisions of this act.
L.1999,c.358,s.9.