New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 45 - GUARDIANSHIP SERVICES › Subchapter 4 - ROLE AND RESPONSIBILITIES OF THE BUREAU OF GUARDIANSHIP SERVICES › Section 10:45-4.1 - Distinct role of BGS staff

Current through Register Vol. 56, No. 14, July 15, 2024
(a) BGS staff shall
				function distinctly and independently from the service components and shall
				maintain independent decision-making from the service components.
(b) The needs of the individual are
				paramount; therefore, BGS shall make reasonable efforts to select the most
				appropriate course of action that is the least restrictive of the individual's
				freedom, rights and ability to control his or her environment. To that end, BGS
				staff shall make reasonable efforts to accomplish (b)1 through 10 below:
1. Build a relationship with the individual,
				to the extent possible, that is based upon mutual respect and trust in order to
				advocate for what the individual wants, or be able to make decisions in the
				best interest of the individual, should the individual be unable to express his
				or her wishes;
2. Protect the
				individual from actual or potential injury, neglect, exploitation, undue
				influence and abuse. BGS staff will, where appropriate:
i. Report suspicions to appropriate Division
				staff;
ii. Initiate an Unusual
				Incident Report;
iii. Provide input
				into investigations;
iv. Advocate
				for needed interventions; and
v.
				Initiate legal action;
3. Safeguard the individual's rights in
				accordance with statutory and case law, and regulations. BGS will, where
				appropriate:
i. Inform the individual of his
				or her rights and responsibilities;
ii. Explain the content and meaning of the
				guardianship court order;
iii.
				Advocate with appropriate staff;
iv. Initiate Unusual Incident
				Report;
v. Report violations of
				individual rights to the Human Rights Committee if all other levels of
				resolution have been exhausted; or
vi. Consult with outside sources including,
				but not limited to:
(1) Ethics
				Committee;
(2) Disability Rights
				New Jersey;
(3) Law Enforcement
				Agencies; and
(4) Legal
				Consultation and Representation;
4. Encourage the individual's participation
				in decision-making by:
i. Seeking the wishes
				of the individual;
ii. Giving due
				respect to the individual's wishes;
iii. Advocating for the individual's
				wishes;
iv. Recognizing and/or
				developing opportunities for decision-making; and
v. Encouraging/promoting self-reliance,
				independence, self-care and self-advocacy;
5. Make decisions in accordance with the
				authority granted in the court order, utilizing the principle of informed
				consent and in consideration of the individual's identification with particular
				ethnic, religious and cultural values. In evaluating a requested action or
				treatment, the guardian will, as appropriate:
i. Review the nature of the requested action
				or treatment;
ii. Gather adequate
				information on the issue by using available resources including, but not
				limited to:
(1) Search the Internet;
(2) Read books and articles; and
(3) Consult with experts in the
				field;
iii. Gather
				needed reports;
iv. Discuss the
				proposed action or medical treatment with involved professionals;
v. Seek input from the individual, family and
				caregivers;
vi. Explore possible
				alternatives;
vii. Explain the
				proposed action or treatment and possible alternatives to the individual in the
				presence of family, involved professionals and caregivers, as
				indicated;
viii. Seek the voluntary
				assent of the individual;
ix.
				Ensure that the individual's assent is free of coercion;
x. Weigh the risks, benefits, alternatives
				and anticipated outcomes of proposed action or treatment;
xi. Refer to an ethics committee if
				needed;
xii. Give or withhold
				consent using substitute judgment;
xiii. Give or withhold consent using the best
				interest standard;
xiv. Communicate
				the decision to the individual, involved professionals, family and caregivers;
				or
xv. Evaluate outcome of
				decision;
6. Encourage
				the individual to maintain contact with his or her family and respect and
				support the individual's wishes with regard to contact with family unless such
				contact is not in the best interest of the individual. Where appropriate,
				discuss family contact with the individual during the annual visit or at the
				service plan meeting and facilitate family contact at the request of the
				individual;
7. Encourage and
				support the development of social relationships that contribute to the
				well-being of the individual by:
i. Advocating
				for opportunities for positive social interaction; and
ii. Taking steps, where applicable, to
				determine the individual's capacity for consensual sex and to provide the
				needed education and information in order for the individual to exercise the
				right of sexual expression, including information about sexual health, birth
				control and assistance in choosing the most appropriate form of birth
				control;
8. Contribute
				to the service plan by:
i. Representing the
				individual at the service plan meeting through personal attendance or by
				providing written or verbal suggestions/recommendations prior to the meeting,
				if not able to attend;
ii.
				Encouraging the individual's participation at the meeting;
iii. Reviewing the completed service plan and
				provide written input, as needed;
iv. Reviewing decisions made by the
				individual during the year;
v.
				Reviewing the individual's understanding of guardianship;
vi. Reviewing the individual's perception of
				his or her need for guardianship;
vii. Reviewing the appropriateness of
				guardianship;
viii. Recommending a
				referral to the psychologist for guardianship assessment, as needed;
ix. Recommending, as applicable, that the
				individual be provided with needed education and information;
x. Advocating for a burial plan to be
				included in the service plan; and
xi. Giving or withholding approval for the
				service plan;
9. Make
				end-of-life decisions in accordance with N.J.A.C. 10:48B; and
10. Protect the individual's right to privacy
				by giving or withholding consent for:
i.
				Release of confidential information, including protected health information in
				accordance with the Health Insurance Portability and Accountability Act (HIPAA)
				45 CFR Parts 160 and 164;
ii.
				Photographing the individual, if the photograph is to be used for display or
				public dissemination in accordance with
				10:41-3.3.
(1) Consent for photographs for any public
				purpose shall be contingent on the individual's willingness to participate;
				and
iii. Audio taping
				and videotaping the individual for other than treatment purposes or health care
				operations in accordance with
				10:41-3.3.
(1) Consent for audio taping and videotaping
				for any public purpose shall be contingent on the individual's willingness to
				participate.