reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 13 - SHELLFISH › Subchapter 2 - DEPURATION OF HARD SHELL AND SOFT SHELL CLAMS › Section 8:13-2.13 - Plant depuration equipment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The depuration
				process shall be designed and constructed to provide sufficient water of adequate
				quantity and quality throughout the system in a manner which accomplishes effective
				purification.
(b) Hydraulic seawater
				system design and material requirements are as follows:
1. The seawater pumping system, including the
				intake structures, intake pumps, distribution or piping network, valves, filling and
				flow measuring devices, shall be maintained in good working order at all times and
				shall be of sufficient size and design to supply the system with process seawater to
				meet the requirement set forth in (c) below.
2. The distribution piping network shall be
				constructed in such a manner so that the entire system can be easily
				cleaned.
3. Accurate flow control
				devices shall be installed in the process seawater system to assure that the flow
				requirements are being met and maintained.
4. Electrical hydraulic equipment such as pumps,
				ultraviolet unit(s) and other electrical components of the seawater circulation
				system shall be protected from water splash and corrosion.
5. The seawater hydraulic system shall be
				constructed of materials which are inert, noncorrosive and nontoxic to man or
				clams.
6. A minimum of five mg/liter of
				dissolved oxygen shall be maintained throughout the depuration processing system. An
				aeration system shall be installed if the oxygen level is below five mg/liter. The
				aeration system shall not produce excessive foaming. Bubble type aeration systems
				are prohibited. Accurate dissolved oxygen meters to measure the dissolved oxygen of
				the process water shall be provided.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 13 - SHELLFISH › Subchapter 2 - DEPURATION OF HARD SHELL AND SOFT SHELL CLAMS › Section 8:13-2.14 - Clam processing containers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Clam processing
				containers used in the process tanks shall be constructed of materials which are
				noncorrosive, nontoxic, and of suitable shape and size to allow processed seawater
				to pass easily in all directions; allow for intermediate washing of clams; and be
				easily cleanable and constructed of materials which can be sanitized. Clam
				processing containers shall not be used for any other purpose other than for
				depuration.
1. The maximum depth of shellfish in
				the containers shall be three inches (76 mm) for hard shell clams and in increments
				of 1/2 U.S. bushels.
2. The maximum
				depth of shellfish in the containers shall be eight inches (20.3 cm) for soft shell
				clams and in increments of 1/2 U.S. bushels.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 13 - SHELLFISH › Subchapter 2 - DEPURATION OF HARD SHELL AND SOFT SHELL CLAMS › Section 8:13-2.15 - Water purification system(s)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An ultraviolet (UV)
				bacteriological reduction unit shall be installed to provide process seawater
				meeting a bacteriological quality of no detectable organisms of the coliform group
				as measured by a recognized multi-tube MPN per 100 milli-liter test for potable
				water or a test of equivalent sensitivity sampled at the UV unit outlet unless this
				quality can be met naturally and the water is not recirculated. A recirculating
				seawater system shall be so designed, installed and operated to assure that the
				water received UV treatment prior to entering the system.
1. The Department will consider alternate methods
				of bacteriological reduction if adequate scientific information is presented showing
				that the equipment will produce process water of the required bacteriological
				quality; proper testing is conducted; and the practicability of equipment can be
				demonstrated.
2. Chemicals such as
				chlorine or similar disinfecting compounds shall not be used to treat the process
				seawater, unless the compounds in the water are completely inactivated prior to
				introduction into the distribution system.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 13 - SHELLFISH › Subchapter 2 - DEPURATION OF HARD SHELL AND SOFT SHELL CLAMS › Section 8:13-2.16 - Water temperature recording device(s)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A water temperature
				recording device(s) shall be installed in a position to accurately record the
				process water temperature. The device(s) shall be installed to meet the following
				requirements:
1. The recorder case shall be
				moisture-proof under normal operating conditions;
2. The temperature recording device(s) shall be
				graduated with a range between two degrees Fahrenheit and 100 degrees
				Fahrenheit;
3. The chart shall be
				graduated with not less than two degrees Fahrenheit divisions, with not more than 40
				degrees Fahrenheit per inch of scale, graduated in time scale divisions of not more
				than one hour;
4. The chart shall have a
				rotation period to record for 72 hours and indicate a continuous recording for the
				48/72 hour depuration process;
5. The
				recorded elapsed time as indicated by the temperature recorder chart rotation shall
				be within two percent of true elapsed time; and
6. The chart support shall be provided with a pin
				or pins to puncture the chart in a manner to prevent improper or false
				rotation.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 13 - SHELLFISH › Subchapter 2 - DEPURATION OF HARD SHELL AND SOFT SHELL CLAMS › Section 8:13-2.17 - Plant capacity control

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The maximum amount of clams in each tank shall
				not exceed the flow requirement of one gallon per minute of seawater per bushel of
				clams nor the physical size limits of the tank and other spacing criteria
				established in this subchapter.
1. The plant
				capacity shall be established as set forth in
				8:13-2.5. Each process tank shall be
				posted to indicate the maximum tank capacity for that particular process. This
				posting shall be of size and legibility to allow for viewing by the required
				surveillance cameras.
2. If the flow
				rate of the system or individual tanks decrease, the plant operator shall adjust the
				number of bushels of clams in the tanks not to exceed the flow requirement and
				repost the new capacities.
3. The DPO
				shall employ all reasonable means to ensure that all tanks in the system have equal
				flow. If this cannot be achieved, then the operator shall post each tank with its
				rated capacity.
4. The DPO shall notify
				the Department by telephone at 609-826-4935 by the beginning of the next working day
				if the total capacity of the system changes, by either an increase or a decrease in
				flow capacity and resubmit in writing the new rated capacity for departmental
				approval within five days after verbal notification.
5. The DPO will be responsible for allocating the
				processing containers and harvester allocation tags for harvesters on a daily basis.
				The allocation of containers and tags shall not exceed the approved capacity
				specified in the plant's scheduled depuration process.
6. The number of bushels of clams harvested each
				day shall not exceed the amount which the plant is capable of processing on that
				day.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 13 - SHELLFISH › Subchapter 2 - DEPURATION OF HARD SHELL AND SOFT SHELL CLAMS › Section 8:13-2.18 - Carryover

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In the event that
				insufficient clams are harvested to make a full process batch, no more than two
				consecutive days catch of clams can be combined to make up a process
				batch.
(b) Processing shall begin within
				36 hours of receipt of clams at the depuration plant.
(c) If a plant carries over part of a day's catch,
				then the next day's harvest cannot exceed the number of bushels which the plant is
				capable of processing on that day.
(d)
				If a plant exceeds capacity due to a process failure, the plant shall notify the
				Department regarding the disposition of these clams by the next working
				day.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 13 - SHELLFISH › Subchapter 2 - DEPURATION OF HARD SHELL AND SOFT SHELL CLAMS › Section 8:13-2.19 - Washing and culling of clams

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Appropriate culling
				procedures will be employed to ensure that broken, cracked, dead, or gaping clams
				are removed and not placed into the process containers. Before depuration, clams
				shall be washed with water taken from a source approved by the Department. During
				the depuration process, the tanks shall be drained whenever necessary and the tank
				and clams flushed of fecal material, sand, and debris to prevent an accumulation of
				these materials. After the depuration process is completed, the water shall be
				drained from the tanks before the clams are removed. Washing facilities shall be
				designed to prevent cross-contamination of untreated and treated clams.
(b) Final culling of shellfish shall be conducted
				after the shellfish have been depurated.
(c) Culled shellfish in storage pending disposal
				shall be appropriately labeled to distinguish them from undepurated and depurated
				clams and shall be disposed of in a manner approved by the Department.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 13 - SHELLFISH › Subchapter 2 - DEPURATION OF HARD SHELL AND SOFT SHELL CLAMS › Section 8:13-2.20 - Cleaning and sanitizing treatment of equipment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Adequate facilities
				shall be provided for the proper washing, cleaning, and sanitizing treatment. All
				floors, walls, tanks, equipment and utensils shall be maintained in a clean
				condition. All clams and seawater contact surfaces shall be cleaned and sanitized,
				as defined under
				8:21-13.6(c) and (d),
				at the frequencies listed as follows:
1. Process
				tanks and seawater distribution piping shall be drained of seawater after each
				process and tanks and racks shall be cleaned and sanitized within three hours after
				a process batch is removed from the system and rinsed of sanitizing residuals before
				another depuration process begins.
2.
				The seawater reservoir(s) used to hold incoming process seawater shall be drained
				and flushed after each process batch and cleaned and sanitized at least once a
				week.
3. Clam processing containers
				shall be cleaned and sanitized within three hours after removal of clams.
4. The ultraviolet or quartz tubes and tube
				chamber of the UV unit(s) shall be cleaned within three hours after each depuration
				process.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 13 - SHELLFISH › Subchapter 2 - DEPURATION OF HARD SHELL AND SOFT SHELL CLAMS › Section 8:13-2.21 - Bacteriological quality

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Depurated clams
				shall meet the following bacteriological quality standard:
1. For soft shell clams a fecal coliform geometric
				mean value not to exceed 50 organisms/100 grams and not more than 20 percent of the
				samples shall exceed a 100 fecal coliform value per 100 grams based upon a five
				sample test. A fecal coliform geometric mean value not to exceed 110 organisms/100
				grams and no sample shall exceed 170 organisms/100 grams based upon a three sample
				test.
2. For hard shell clams a fecal
				coliform geometric mean value not to exceed 20 organisms/100 grams and not more than
				20 percent of the samples shall exceed a 45 fecal coliform value per 100 grams based
				upon a five sample test. A fecal coliform geometric mean value not to exceed 45
				organisms/100 grams and no sample shall exceed 100 organisms/100 grams based upon a
				three sample test.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 13 - SHELLFISH › Subchapter 2 - DEPURATION OF HARD SHELL AND SOFT SHELL CLAMS › Section 8:13-2.22 - Bacteriological sampling

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Bacteriological sampling collection and
				analysis of depurated clams shall be conducted by a laboratory approved by the
				designated State of New Jersey shellfish laboratory evaluation officer, who is
				certified by the United States Food and Drug Administration under the Model
				Ordinance. The laboratory shall not be affiliated with the depuration plants being
				regulated under these rules.
(b) The
				following minimum sampling programs shall be followed:
1. Clams samples are to be taken randomly for each
				process batch of clams at the following intervals:
i. Zero hour samples shall be collected at a
				frequency established in writing by the Department. The frequency shall be based on
				levels of pollution, weather conditions, and seasonal changes with a minimum of two
				samples per lot when zero hours sampling is deemed necessary.
ii. Five samples per lot at a period of time
				between 40 and 48 hours. Samples taken prior to 48 hours which do not meet the
				bacteriological standards shall be resampled to show that the process batch meets
				the bacteriological standards before being offered for sale and results received by
				the DPO. Sampling may be reduced to three samples per lot based upon test results
				indicating low variability in test results and approval by the Department.
iii. Five samples per lot at "72" hours if found
				necessary.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 13 - SHELLFISH › Subchapter 2 - DEPURATION OF HARD SHELL AND SOFT SHELL CLAMS › Section 8:13-2.23 - Recordkeeping

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each lot of clams brought to the depuration
				plant shall be assigned a process batch number. The following records corresponding
				to the process batch shall be kept on the premises at all times for at least one
				year and be available for inspection upon request. All records shall be kept in
				indelible ink and shall indicate the following:
1.
				The process batch number as well as the harvester allocation tag serial number(s)
				for each process;
2. The name of each
				clammer working each day along with the number(s) of his or her serialized harvester
				allocation tag;
3. The number of clams
				and bushels each clammer harvests each day;
4. The total number of bushels and clams in each
				process batch;
5. The number of bushels
				and number of clams culled in the plant before and after the depuration
				process;
6. The date and time of "0"
				hour entry for each process batch;
7.
				The number of hours the clams are depurated along with the date and time the process
				is terminated for each process batch;
8.
				The ultraviolet (UV) unit intensity out-put and process water temperature
				records;
9. The sales information to
				include date, number of bushels of soft shell clams, number of hard shell clams,
				person and address to whom sold shall be recorded at the time of sale and identified
				to the process batch; and
10. A copy of
				the harvest depuration record as required in N.J.A.C. 7:12-9 shall be available for
				review and inspection upon request.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 13 - SHELLFISH › Subchapter 2 - DEPURATION OF HARD SHELL AND SOFT SHELL CLAMS › Section 8:13-2.24 - Harvester allocation tag

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each harvest
				container shall have a Department approved harvester allocation tag affixed to it at
				the time of issuance to the individual clammer.
1.
				This tag shall be made of waterproof material and shall be compatible with a time
				clock which has been approved by the Department.
2. This tag shall, at a minimum, contain the
				following information:
i. The harvester name and
				permit number;
ii. The date
				issued;
iii. The time issued;
iv. A serialized number;
v. The DEP harvest area;
vi. The process date;
vii. The process "0" hour time; and
viii. The date and time issued along with the date
				and time the shellfish are received by the plant, both of which shall be date and
				time stamped on this tag.
3.
				This tag shall remain affixed on each container from the time allocated through and
				including harvesting, transporting, holding prior to depurating, during the
				depuration process, while in the intermediate storage refrigerator awaiting final
				packaging.
4. This tag shall be retained
				in an orderly fashion by the plant and shall be available at the plant for a period
				of time no less than one year.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 13 - SHELLFISH › Subchapter 2 - DEPURATION OF HARD SHELL AND SOFT SHELL CLAMS › Section 8:13-2.25 - Harvester records

Current through Register Vol. 56, No. 14, July 15, 2024
Upon landing of the shellfish at the approved landing site and
				  time, each harvester shall record the specific DEP designated harvest site on the
				  harvester allocation tag as required in N.J.A.C. 7:12-9.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 13 - SHELLFISH › Subchapter 2 - DEPURATION OF HARD SHELL AND SOFT SHELL CLAMS › Section 8:13-2.26 - Shellfish shipping tags

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The process batch
				number that identifies the date of scheduled process and the harvest area shall be
				stamped on all shellfish shipping tags which shall be affixed to each container of
				clams sold.
(b) Shellfish shipping tags
				shall be affixed to each shellfish shipping container as it is being
				packed.
(c) The shellfish shipping tags
				shall meet the following requirements:
1.
				Shellfish shipping tags shall be at least 2 5/8 inches wide and 5 1/4 inches long
				and constructed of a waterproof and tear-resistant material;
2. The attachment point shall be reinforced,
				preferably with a metal and fiber eyelet;
3. Shellfish shipping tags shall be preprinted or
				stamped in waterproof ink with the shipper's name, address, certificate number
				prefixed with "NJ" in capital letters and followed by the letters "DP," the common
				name of the shellstock, the numerical count and/or standard measure of the
				shellstock in the container, and the date shipped;
4. The process batch number that identifies the
				date of the scheduled process and the harvest area(s) shall be stamped on each
				shellfish shipping tag;
5. The shellfish
				shipping tag shall contain the following statement in bold capital letters "THIS TAG
				IS REQUIRED TO BE ATTACHED UNTIL CONTAINER IS EMPTY OR IS RETAGGED AND THEREAFTER
				KEPT ON FILE FOR 90 DAYS."; and
6. All
				shellstock intended for raw consumption shall include a consumer advisory. The
				following statement, from Section 3-603.11 of the 2005 Food Code issued by the FDA,
				incorporated herein by reference, as amended and supplemented, or an equivalent
				statement, shall be included on all shellstock:
"RETAILERS, INFORM YOUR CUSTOMERS"
"Consuming raw or undercooked meats, poultry, seafood, shellfish,
				  or eggs may increase your risk of foodborne illness, especially if you have certain
				  medical conditions."
i. The 2005 Food Code
				and amendments and supplements thereto are available from the National Technical
				Information Service, 5285 Port Royal Road, Springfield, VA 22161, (703) 605-6000 or
				(800) 553-NTIS (6847), and are available for download from the website of the FDA's
				Center for Food Safety and Applied Nutrition at
http://www.cfsan.fda.gov/
and at
				.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 13 - SHELLFISH › Subchapter 2 - DEPURATION OF HARD SHELL AND SOFT SHELL CLAMS › Section 8:13-2.27 - Depuration plant monitoring/surveillance equipment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A video surveillance
				system shall be installed and operated to clearly monitor all critical control
				activities of the depuration plant and shall be in working order and operating at
				all times.
1. The plant shall provide two monitors
				for remote viewing in State offices.
2.
				This system shall be approved by the SRRSC pursuant to
				8:13-2.5 prior to provisional
				certification.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 17 - EARLY INTERVENTION SYSTEM › Subchapter 1 - GENERAL PROVISIONS › Section 8:17-1.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
The purpose of N.J.A.C. 8:17 is to establish the rules for the
				  implementation of the State's early intervention system under Part C of the
				  Individuals with Disabilities Education Act (IDEA), 34 CFR Part 303.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 17 - EARLY INTERVENTION SYSTEM › Subchapter 1 - GENERAL PROVISIONS › Section 8:17-1.2 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This chapter applies to:
1. The Department of Health (Department), in
				conjunction with the Departments of Education, Children and Families, and Human
				Services;
2. Early intervention provider
				agencies receiving funds through the Department to provide early intervention
				services, and those agencies' practitioners;
3. Practitioners identified in Individualized
				Family Service Plans to provide early intervention service to meet the unique needs
				of children and their families; and
4.
				Children and families served by, or potentially eligible to receive, early
				intervention services through, the New Jersey Early Intervention System, including
				homeless children and children who are wards of the State.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 17 - EARLY INTERVENTION SYSTEM › Subchapter 2 - CHILD FIND › Section 8:17-2.1 - Identification of potentially eligible children

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall
				identify, locate, and evaluate children potentially eligible for early intervention
				services, including children attending private programs that are under contract with
				regional and local provider agencies.
(b) Private programs described in (a) above shall
				report to the Department those children they serve, to ensure that eligible children
				are identified and are receiving required early intervention services.
(c) The Department, in consultation with the SICC,
				shall coordinate the Child Find System under Part C conducted by regional provider
				agencies and State agencies responsible for administering the various education,
				health, and social services programs and initiatives relevant to Part C, including,
				but not limited to, those authorized pursuant to:
1. Parts B and D;
2. The Maternal and Child Health Services Block
				Grant pursuant to Title V of the Social Security Act,
				42 U.S.C.
				§§
											701 et seq.;
3. The Early and Periodic Screening, Diagnosis and
				Treatment (EPSDT) Program pursuant to Title V of the Social Security Act (Medicaid),
				42 U.S.C. §
											705(a)(5)(F);
4. The Developmental Disabilities Assistance and
				Bill of Rights Act,
				42 U.S.C. §§
											15001 et seq.;
5. The Head Start Act,
				42 U.S.C. §§
											9801 et seq.;
6. The Supplemental Security Income Program
				pursuant to Title XVI of the Social Security Act,
				42 U.S.C.
				§§
											1381 et seq.; and
7. The Child Abuse Prevention and Treatment Act
				(CAPTA),
				42 U.S.C. §§
											5101 et seq.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 17 - EARLY INTERVENTION SYSTEM › Subchapter 2 - CHILD FIND › Section 8:17-2.2 - Referral process

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall maintain a list of SPOEs
				and shall disseminate the list to primary referral sources for their use in
				accordance with (d) below.
(b) Regional
				provider agencies shall develop materials to complement and supplement the list of
				SPOEs, describing specific resources available in their respective regions and shall
				disseminate this information and the list of SPOEs described in (a) above, within
				their respective regions in a manner reasonably calculated to reach populations and
				referral sources through which children potentially eligible for early intervention
				services are likely to be located.
(c)
				Through the Child Find System, the Department shall:
1. Provide methods for making referrals through
				primary referral sources;
2. Make
				referrals to SPOEs within two business days after a child has been identified
				(through regional providers);
3.
				Coordinate the referral for early intervention services, pursuant to Part C, of each
				child who is:
i. The subject of a substantiated
				case of child abuse or neglect as defined in CAPTA pursuant to
				42 U.S.C.
				§
												5106g, or who has a case in litigation
				pursuant to N.J.S.A. 9:6-8.8 et seq.;
ii. Identified on the Birth Defects Registry,
				pursuant to
				26:2-110
				and 111; or
iii. Identified as affected
				by illegal substance abuse, or withdrawal symptoms resulting from prenatal drug
				exposure; and
4. On an annual
				basis, determine the effectiveness and impact of public awareness and Child Find
				activities.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 17 - EARLY INTERVENTION SYSTEM › Subchapter 3 - SERVICE COORDINATION, REGIONAL PROVIDER AGENCY, PROVIDER AGENCY, AND PRACTITIONER › Section 8:17-3.1 - Service coordination activities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A service
				coordinator shall undertake the following activities:
1. Coordinating the process by which children are
				potentially eligible and/or determined to be eligible, and their families, to
				receive the services, rights, and procedural safeguards to which they are entitled
				pursuant to Part C, through the NJEIS;
2. Assuming responsibility for:
i. Coordinating all services delivered to the
				eligible child across agency lines; and
ii. Serving as a single point of contact in
				helping parents to obtain the services and assistance they need for each child
				referred and his or her family;
3. Engaging in an active ongoing process that
				involves:
i. Assisting parents of eligible
				children in gaining access to and coordinating the provision of early intervention
				services;
ii. Facilitating the delivery
				of timely services; and
iii.
				Continuously seeking the appropriate services and situations necessary to enhance
				the development of each child being served for the duration of the child's
				eligibility;
4. Coordinating
				the performance of evaluations and assessments;
5. Assisting families to understand and to collect
				information needed to complete the family cost participation documentation
				identified in 8:17-9.2;
6. Assisting families in identifying available
				provider agencies;
7. Informing families
				of the availability of advocacy services;
8. Providing to families information related to
				their child's needs, including information based upon the child's diagnosis or
				condition;
9. Coordinating with medical
				and health providers;
10. Informing
				families of the purposes and general functions of, and the types of services that
				are available and potentially available to them from, the NJEIS, their rights,
				procedural safeguards, the requirements of this chapter, and the process for
				accessing services through the early intervention system;
11. Facilitating and participating in the
				development, review and evaluation of IFSPs;
12. Coordinating and monitoring the delivery of
				IFSP services; and
13. Facilitating the
				development of a plan of transition to preschool services, as appropriate.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 17 - EARLY INTERVENTION SYSTEM › Subchapter 3 - SERVICE COORDINATION, REGIONAL PROVIDER AGENCY, PROVIDER AGENCY, AND PRACTITIONER › Section 8:17-3.2 - Service coordinators

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An SPOE shall employ
				service coordinators consistent with the following:
1. The service coordinator must follow all SPOE
				policies and procedures that are implemented, in accordance with the terms and
				conditions of a health services grant funded by the Department and fulfilled by the
				SPOE.
i. Each service coordinator must comply with
				these policies and procedures to effectively carry out the functions and services
				listed in 8:17-3.1, on an interagency basis;
				and
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 17 - EARLY INTERVENTION SYSTEM › Subchapter 3 - SERVICE COORDINATION, REGIONAL PROVIDER AGENCY, PROVIDER AGENCY, AND PRACTITIONER › Section 8:17-3.3 - Provider agency

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each provider agency
				rendering early intervention services, listed in
				8:17-8.5(g), is
				responsible for:
1. Demonstrating knowledge about
				the early intervention system including Department guidelines;
2. Consulting with parents, other provider
				agencies, and representatives of community agencies to ensure the effective
				provision of services in the provider agency's designated area(s) of
				service;
3. Training and informing
				parents and others regarding the provision of services to eligible children and
				their families;
4. Supervising
				practitioners;
5. Participating in the
				multidisciplinary team assessment of a child and his or her family;
6. Participating in the development of integrated
				goals and outcomes for a child and his or her family as part of the IFSP;
				and
7. Avoiding a conflict of interest
				by ensuring that families are referred to the child's service coordinator if a
				parent inquires about additional services beyond those listed on the child's
				existing IFSP.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 17 - EARLY INTERVENTION SYSTEM › Subchapter 3 - SERVICE COORDINATION, REGIONAL PROVIDER AGENCY, PROVIDER AGENCY, AND PRACTITIONER › Section 8:17-3.4 - Practitioner

Current through Register Vol. 56, No. 14, July 15, 2024
Provider agencies enrolled in the NJEIS shall hire only those
				  practitioners who meet State personnel standards pursuant to N.J.A.C. 8:17-15,
				  regardless of whether practitioners are hired as employees or independent
				  contractors.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 17 - EARLY INTERVENTION SYSTEM › Subchapter 4 - PRIOR NOTICE AND PARENT CONSENT › Section 8:17-4.1 - Prior notice

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The service
				coordinator shall provide written notice containing the information provided in (c)
				below in the form and manner provided in (d) through (f) below to the parents of an
				eligible child 10 calendar-days before a provider agency proposes, or refuses, to
				initiate or change the identification, evaluation, or placement of the child, or the
				provision of appropriate early intervention services to the child and his or her
				family.
(b) Neither a practitioner
				providing early intervention services pursuant to an IFSP nor the practitioner's
				provider agency shall revise services or eligibility without the service
				coordinator's issuance of the notice described in (a) above.
(c) The notice shall contain the following
				information:
1. The action(s) being proposed or
				refused;
2. The reasons for taking the
				action;
3. All procedural safeguards to
				which the parents are entitled; and
4. A
				description of the dispute resolution options that are available pursuant to
				N.J.A.C. 8:17-13.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 17 - EARLY INTERVENTION SYSTEM › Subchapter 4 - PRIOR NOTICE AND PARENT CONSENT › Section 8:17-4.2 - Parent consent

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each service
				coordinator assigned to a family shall provide information regarding evaluation and
				assessment processes and service options, so that parents have a clear understanding
				about the purpose and impact of their consent.
(b) Each service coordinator shall obtain written
				parental consent prior to:
1. Conducting an
				initial evaluation and assessment; and
2. Arranging for the provision of early
				intervention services.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 17 - EARLY INTERVENTION SYSTEM › Subchapter 5 - SURROGATE PARENT › Section 8:17-5.1 - Need for surrogate parent

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The service
				coordinator shall determine that the appointment of a surrogate parent for an
				eligible or potentially eligible child is necessary if:
1. The service coordinator, after reasonable
				efforts, cannot identify a parent;
2.
				The service coordinator, after reasonable efforts, cannot discover the whereabouts
				of a parent; or
3. The child is a ward
				of the State.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 17 - EARLY INTERVENTION SYSTEM › Subchapter 5 - SURROGATE PARENT › Section 8:17-5.2 - Surrogate parent eligibility requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A person shall be
				eligible for appointment as a surrogate parent if the person:
1. Has no interest that conflicts with the
				interest of the child for whom he or she seeks appointment as surrogate
				parent;
2. Successfully completes a
				training module developed by the Procedural Safeguards Office pursuant to
				34 CFR
				§
											303.400; and
3. Is not a person identified in (b)
				below.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 17 - EARLY INTERVENTION SYSTEM › Subchapter 5 - SURROGATE PARENT › Section 8:17-5.3 - Responsibilities of surrogate parent

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Once assigned, a
				surrogate parent is authorized and required to represent a child in all matters
				related to:
1. The consent to referral to the early
				intervention system;
2. The evaluation
				and assessment of the child;
3. The
				development and implementation of the child's IFSPs, including annual evaluations
				and periodic reviews;
4. The ongoing
				provision of early intervention services to the child; and
5. Any other rights established under Part C and
				this chapter establish.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 17 - EARLY INTERVENTION SYSTEM › Subchapter 5 - SURROGATE PARENT › Section 8:17-5.4 - Criteria for terminating appointment of a surrogate parent

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall
				terminate the appointment of a surrogate parent if:
1. The child ceases to meet the eligibility
				criteria identified in
				8:17-5.1 for needing a surrogate
				parent;
2. The child ceases to
				participate in the early intervention system; or
3. The surrogate parent ceases to meet the
				eligibility criteria identified in
				8:17-5.2 or the surrogate parent
				requirements in 8:17-5.3.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 17 - EARLY INTERVENTION SYSTEM › Subchapter 6 - EVALUATION AND ASSESSMENT › Section 8:17-6.1 - Initial and ongoing evaluation and assessment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The evaluation and
				assessment of a potentially eligible child shall be conducted by a qualified
				practitioner and shall be based on informed clinical opinion.
(b) As part of the process to measure a child's
				eligibility, the practitioner shall use an evaluation and assessment instrument,
				such as the BDI, the use of which instrument the Department recommends.
(c) The evaluation and assessment process consists
				of:
1. A review of pertinent records related to
				the child's current health status and medical history;
2. An evaluation of the child's level of
				functioning in each of the following developmental areas:
i. Physical, including gross motor, fine motor,
				vision and hearing;
ii. Cognitive
				development;
iii. Communication
				development;
iv. Social and emotional
				development; and
v. Adaptive
				development; and
3. The
				identification of appropriate services to meet the child's needs in the
				developmental areas identified in (c)2 above, through the IFSP process.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 17 - EARLY INTERVENTION SYSTEM › Subchapter 6 - EVALUATION AND ASSESSMENT › Section 8:17-6.2 - Family-directed assessment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Family assessments
				shall be: conducted with family consent; family-directed; and designed to determine
				the resources, priorities, and concerns of the family and the identification of the
				supports and services necessary to enhance the family's capacity to meet the
				developmental needs of the child.
(b)
				Family participation in an assessment is voluntary and a family or individual
				member's refusal to participate therein shall not affect a child's eligibility for
				early intervention services.
(c) If a
				family assessment is conducted, it shall:
1. Be
				conducted by a qualified practitioner;
2. Be based on information provided by the family
				through personal interview; and
3.
				Incorporate the family's description of its resources, priorities, and concerns
				related to enhancing the child's development.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 17 - EARLY INTERVENTION SYSTEM › Subchapter 6 - EVALUATION AND ASSESSMENT › Section 8:17-6.3 - Timelines

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The initial
				evaluation and assessment of each child pursuant to
				8:17-6.1, and the family-directed
				assessment pursuant to
				8:17-6.2, shall be conducted to enable
				the initial IFSP meeting to take place within 45 days of referral, pursuant to
				8:17-8.3.
(b) In the event of exceptional circumstances that
				make it impossible to complete the evaluation and assessment of the child within 45
				days of the referral (for example, if a child were ill, a family emergency which
				prevents participation, or declared weather emergency limiting transportation to the
				family's home), the service coordinator shall:
1.
				Document those circumstances; and
2.
				Develop and implement an interim IFSP, to the extent appropriate and consistent with
				8:17-8.2.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 17 - EARLY INTERVENTION SYSTEM › Subchapter 6 - EVALUATION AND ASSESSMENT › Section 8:17-6.4 - Nondiscriminatory procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each practitioner
				conducting evaluations and assessments shall ensure nondiscrimination in the
				evaluation and assessment of children and their families and shall:
1. Administer tests and other evaluation materials
				and procedures in the primary language of the parents or by means of another mode of
				communication, unless it is clearly not feasible to do so, such as, for example, if
				using that language or other mode of communication would be so prohibitively costly
				as to make it unreasonable for the NJEIS to communicate with the family in that
				fashion;
2. Employ evaluation and
				assessment procedures and use materials that are not racially or culturally
				discriminatory; and
3. Not use any one
				single procedure as the sole criterion for determining a child's eligibility under
				8:17-7.1.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 17 - EARLY INTERVENTION SYSTEM › Subchapter 7 - ELIGIBILITY CRITERIA AND PROCEDURES › Section 8:17-7.1 - Eligibility criteria and procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A child is eligible
				to receive early intervention services from the Department if the child has a
				diagnosed condition described in (c) below or if:
1. The child is experiencing developmental delays,
				as measured using an evaluation and assessment instrument, such as the BDI, and
				applying procedures (including informed clinical opinion) as described in
				8:17-6.1(b), in one or
				more of the following developmental areas:
i.
				Physical, including gross motor, fine motor, vision and hearing;
ii. Cognitive;
iii. Expressive and receptive
				communication;
iv. Social or emotional;
				or
v. Adaptive.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 17 - EARLY INTERVENTION SYSTEM › Subchapter 7 - ELIGIBILITY CRITERIA AND PROCEDURES › Section 8:17-7.2 - Children at risk

Current through Register Vol. 56, No. 14, July 15, 2024
(a) At-risk children are
				not automatically eligible for services that are available pursuant to this
				chapter.
(b) Individual determinations
				of eligibility shall be made for at-risk children based upon the evaluation and
				assessment and eligibility requirements provided at N.J.A.C. 8:17-6 and 7.1.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 17 - EARLY INTERVENTION SYSTEM › Subchapter 8 - INDIVIDUALIZED FAMILY SERVICE PLAN › Section 8:17-8.1 - Family obligations associated with accessing services identified as necessary for an eligible child

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Once eligibility for
				a child has been established pursuant to N.J.A.C. 8:17-7, the service coordinator
				shall review with the family the family cost participation requirements at
				8:17-9.2 and, with family consent, and
				in accordance with
				8:17-9.2, shall assist the family in
				collecting information needed to complete the cost participation documents, and,
				whenever appropriate, an application for income adjustment.
(b) Parents of an eligible child may determine
				whether they, their child, or other family members will accept or decline any early
				intervention service identified as necessary through the evaluation and assessment
				process established pursuant to N.J.A.C. 8:17-6 and in accordance with this
				subchapter.
1. Parents may decline any or all
				services at any time after first accepting them without jeopardizing other early
				intervention services consistent with
				8:17-8.3(g).
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 17 - EARLY INTERVENTION SYSTEM › Subchapter 8 - INDIVIDUALIZED FAMILY SERVICE PLAN › Section 8:17-8.2 - Services before completion of evaluation and assessment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The service
				coordinator shall arrange for the provision of early intervention services for a
				child that has been determined to be eligible for such services, pursuant to
				8:17-7.1, before the completion of the
				evaluation and assessment, described at N.J.A.C. 8:17-6, if:
1. The NJEIS determines that it is immediately
				necessary for the child and the child's family to receive certain early intervention
				services prior to completion of evaluation and assessment to ensure that the child's
				health and/or well-being are not in jeopardy pending completion of evaluation and
				assessment;
2. Parental consent is
				obtained;
3. An interim IFSP is
				developed that includes:
i. The name of the service
				coordinator who shall be responsible for the implementation of the interim IFSP and
				coordination with other agencies and persons; and
ii. The early intervention services that have been
				determined to be needed immediately by the child and the child's family;
				and
4. The evaluation and
				assessment are completed within the 45-day period required in N.J.A.C. 8:17-6.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 17 - EARLY INTERVENTION SYSTEM › Subchapter 8 - INDIVIDUALIZED FAMILY SERVICE PLAN › Section 8:17-8.3 - IFSP development, review and evaluation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For a child who has
				been evaluated for the first time and determined to be eligible for early
				intervention services, the service coordinator shall conduct a meeting with the IFSP
				team, as described at
				8:17-8.4(a), to develop
				the initial IFSP within 45 days from the date of referral and shall, as appropriate
				in accordance with
				8:17-8.2, consider an interim
				IFSP.
(b) The IFSP team shall review the
				IFSP for a child and the child's family every six months, or more frequently if
				conditions warrant, or if the family requests such a review.
1. The review may be carried out in the form of a
				meeting or by another means that is acceptable to the parents and other
				participants.
2. This review shall
				determine:
i. The degree to which progress toward
				achieving the goals and outcomes is being made; and
ii. Whether modification or revision of the goals
				and outcomes or services is necessary.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 17 - EARLY INTERVENTION SYSTEM › Subchapter 8 - INDIVIDUALIZED FAMILY SERVICE PLAN › Section 8:17-8.4 - Participants in IFSP meetings and periodic reviews

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following IFSP
				team participants shall be included at, and participate in, the initial meeting and
				each annual meeting to evaluate the IFSP:
1. The
				parent or parents of the child;
2. Other
				family members, as requested by the parent, if feasible to do so;
3. An advocate or other person outside of the
				family, if the parent requests the participation of such persons;
4. The service coordinator who has been working
				with the family since the initial referral of the child for evaluation, or another
				service coordinator who has been designated to be responsible for implementation of
				the IFSP;
5. One or more practitioners
				directly involved in conducting the evaluations and assessments; and
6. As appropriate, practitioners who will be
				providing IFSP services to the child or family.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 17 - EARLY INTERVENTION SYSTEM › Subchapter 8 - INDIVIDUALIZED FAMILY SERVICE PLAN › Section 8:17-8.5 - Contents of IFSP

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Consistent with the
				terms and conditions of the health services grant funded by the Department and
				implemented by the SPOEs, service coordinators shall use forms developed by the
				Department to document IFSP services that a child and his or her family are eligible
				to receive.
(b) The IFSP shall contain a
				statement of the child's present levels of physical development (including vision,
				hearing, and health status), cognitive development, communication development,
				social and/or emotional development, and adaptive development.
(c) The statement described in (b) above shall be
				based on professionally objective criteria.
(d) With the agreement of the family, the IFSP
				shall include a statement of the family's resources, priorities and concerns related
				to enhancing the development of the child.
(e) The IFSP shall contain a statement of the
				measurable results or outcomes expected to be achieved for the child and family,
				including pre-literacy and language skills, as developmentally appropriate for the
				child, and the criteria, procedures, and timelines used to determine:
1. The degree to which progress toward achieving
				the results or outcomes is being made; and
2. Whether modifications or revisions of the
				results, outcomes, or services are necessary.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 17 - EARLY INTERVENTION SYSTEM › Subchapter 8 - INDIVIDUALIZED FAMILY SERVICE PLAN › Section 8:17-8.6 - Natural environments

Current through Register Vol. 56, No. 14, July 15, 2024
The provision of early intervention services for any eligible
				  child shall be provided in natural environments and shall occur in a setting other
				  than a natural environment that is most appropriate, as determined by the parent and
				  IFSP team, only when early intervention cannot be achieved satisfactorily for the
				  child in a natural environment.