New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 40 - DETERMINATION OF ELIGIBILITY FOR FUNCTIONAL SERVICES FROM THE DIVISION OF CHILDREN'S SYSTEM OF CARE › Subchapter 1 - GENERAL PROVISIONS › Section 3A:40-1.3 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The followin g words and terms, when used in this chapter, shall
				  have the following meanings unless the context clearly indicates otherwise.
"Adult" means a person age 18 years or older.
"Application" means the application form provided by CSOC and any
				  supporting documentation necessary to the making of an informed determination with
				  regard to applicant eligibility, including medical information. Supporting
				  documentation may include, but is not limited to, educational, psychiatric,
				  psychological, vocational, rehabilitation, or social service records.
"Benefits" means all current and future sources of cash and
				  health assistance from Federal, State, or private entities including, but not
				  limited to: Social Security; Supplemental Security Income (SSI); Medicare; Medicaid,
				  including any applicable Medicaid waivers and NJ Family Care; State and Federal
				  funds; and any third-party support pursuant to State rule, order, or by contract.
"Child" means a person under 18 years of age.
"Commissioner" means the Commissioner of the Department of
				  Children and Families.
"CSOC" means the Division of Children's System of Care in the
				  Department of Children and Families.
"Developmental disability" means a severe, chronic disability of
				  an individual, which:
1. Is attributable to a mental or physical impairment or
				  combination of mental or physical impairments;
2. Is manifest before age 22;
3. Is likely to continue indefinitely;
4. Results in substantial functional limitations in three or more
				  of the following areas of major life activity:
i. Self-care;
ii. Receptive and expressive language;
iii. Learning;
iv. Mobility;
v. Self-direction;
vi. Capacity for independent living; or
vii. Economic self-sufficiency; and
5. Reflects the need for a combination and sequence of special
				  interdisciplinary or generic care, treatment, or other services, which are of
				  lifelong or extended duration and are individually planned and coordinated.
Developmental disability includes, but is not limited to, severe
				  disabilities attributable to intellectual disability, autism, cerebral palsy,
				  epilepsy, spina bifida, and other neurological impairments where the above criteria
				  are met.
"Director" means the Director of the Division of Children's
				  System of Care.
"Functional services" means those services and programs in the
				  CSOC available to provide a child with developmental disabilities with education,
				  training, habilitation, rehabilitation, adjustment, treatment, care, or protection.
				  Functional services provided by CSOC do not include educational and related
				  services, including residential services, necessary to provide a free and
				  appropriate education pursuant to
				  N.J.S.A. 18A:1-1 et seq.
"Medical information" means reports that have been provided by
				  licensed practitioners that demonstrate the existence of a developmental disability,
				  as well as the individual's current physical condition and significant medical
				  history.
"Mental illness" means a current substantial disturbance of
				  thought, mood, perception, or orientation that significantly impairs judgment,
				  capacity to control behavior, or capacity to recognize reality, but does not include
				  simple alcohol intoxication, transitory reaction to drug ingestion, organic brain
				  syndrome, or developmental disability.
"Mental impairment" means impairment in cognitive, neurological,
				  sensory, or cerebral functioning resulting from other than mental illness.
"Physical impairment" means an impairment in motor functioning
				  resulting from other than mental illness.
"Primary residence" means a dwelling where a person usually lives
				  and does not include second homes.
"Resident" means a person who is a domiciliary of New Jersey for
				  other than a temporary purpose and who has expressed an intention to have his or her
				  primary residence in the State.
"Residential services" or "residential functional services" means
				  observation, examination, care, training, treatment, habilitation, rehabilitation,
				  and related services, including community care, provided by the CSOC to an eligible
				  individual who has been admitted or transferred to, but not discharged from, any
				  residential functional service for persons with developmental
				  disabilities.