reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 44D - CENTRAL REGISTRY OF OFFENDERS AGAINST INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Subchapter 2 - REPORTING REQUIREMENTS › Section 10:44D-2.2 - Reporting allegations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Division of
				Developmental Disabilities, after determining that a report made to the
				Division, either orally or in writing, contains at least one allegation of
				abuse, neglect or exploitation, as set forth in
				10:44D-2.1, shall prepare an
				Unusual Incident Report.
(b) A
				person making a report, in good faith, pursuant to the Act and this chapter
				shall be immune from any civil or criminal liability that might otherwise be
				incurred or imposed. Such a person shall have the same immunity with respect to
				testimony given in any judicial proceeding resulting from the report.
(c) A person who, in good faith, reports or
				causes a report to be made of an allegation of abuse, neglect or exploitation
				pursuant to the Act and this chapter, and, as a result thereof, is discharged
				from employment or is in any manner discriminated against with respect to
				compensation, hire, tenure or terms, conditions or privileges of employment,
				contract or licensure, may file a cause of action for appropriate relief in the
				Superior Court in the county in which the discharge or alleged discrimination
				occurred or in the county of the person's primary residence. If the court finds
				that the person was discharged or discriminated against as a result of the
				person's reporting an allegation of abuse, neglect or exploitation pursuant to
				the Act, the court may grant reinstatement of employment with back pay or other
				legal or equitable relief.
(d) Upon
				receiving an allegation of abuse, neglect or exploitation, the Division of
				Developmental Disabilities will enter all of the known information pertaining
				to the particulars thereof into the Unusual Incident Reporting Management
				System, maintained by the Critical Incident Management Unit within the Office
				of Program Integrity and Accountability.
(e) The Office of Program Integrity and
				Accountability shall prioritize incidents by severity, assign investigatory
				duties, notify appropriate Department personnel and set timelines for
				completion of findings.
(f) Upon
				receipt of a report pursuant to the Central Registry, the Office of Program
				Integrity and Accountability in coordination with the Division of Developmental
				Disabilities (Division), shall take immediate actions as shall be necessary to
				ensure the safety of the individual with a developmental disability. The units
				within the Office of Program Integrity and Accountability and the Division
				shall develop protocols for, and are authorized to request, appropriate
				assistance from local and State law enforcement officials or contact Adult
				Protective Services to provide assistance in accordance with the provisions of
				P.L. 1993, c. 249 (N.J.S.A. 52:27D-406et
				seq.).
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 44D - CENTRAL REGISTRY OF OFFENDERS AGAINST INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Subchapter 3 - INVESTIGATIONS › Section 10:44D-3.2 - Investigation findings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				investigating unit shall evaluate the available information and, for each
				allegation, determine whether abuse, neglect or exploitation has occurred,
				attempt to identify the perpetrator or perpetrators thereof and then make a
				finding either substantiating or not substantiating each allegation.
(b) The findings of substantiation shall be
				based upon the preponderance of the evidence found during the investigation.
				The preponderance of the evidence standard is the superior evidentiary weight
				that, though not sufficient to free the mind wholly from all reasonable doubt,
				is still sufficient to incline a reasonable person to conclude that an
				allegation is more likely true than not.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 44D - CENTRAL REGISTRY OF OFFENDERS AGAINST INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Subchapter 3 - INVESTIGATIONS › Section 10:44D-3.3 - Notification of findings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				investigating unit shall, by way of a written summary, notify the alleged
				perpetrator, and as applicable, the alleged perpetrator's employer of the
				findings of its investigation. The investigating unit shall also notify, as
				appropriate, the alleged victim, and, as applicable, the alleged victim's
				guardian, or authorized family member, of the findings of its investigation.
1. The written summary of the investigation
				shall be provided to the guardian of the individual with a developmental
				disability who is the subject of the alleged abuse, neglect, or exploitation;
				however, the actual records and reports of an investigation, subject to
				confidentiality rules, shall also be provided to a guardian or other person who
				is responsible for the welfare of the individual with a developmental
				disability if the information is needed in connection with the provision of
				care, treatment, assessment, evaluation, or supervision to the individual; and
				the provision of information is in the best interests of the individual with a
				developmental disability, as determined by the Division of Developmental
				Disabilities, as set forth in
				P.L.
				2017, c. 238
				(designated as Stephen Komninos' Law).
i. The
				written summary of an investigation of an alleged incident of abuse, neglect,
				or exploitation shall include, but need not be limited to:
(1) The name of the individual with a
				developmental disability who is the subject of the alleged abuse, neglect, or
				exploitation;
(2) The date of the
				incident, or the date the incident was reported if the incident date is
				unknown;
(3) Whether the incident
				is an allegation of abuse, neglect, or exploitation;
(4) The incident number;
(5) A summary of the allegation of abuse,
				neglect, or exploitation;
(6) A
				finding that the incident is substantiated or unsubstantiated;
(7) The rationale for the finding and, if the
				incident is substantiated, a description of the action or inaction that
				precipitated the finding;
(8) If
				known at the time of issuing the summary, whether or not criminal charges
				against the alleged offending caregiver are pending; and
(9) Whether remedial action was
				taken.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 44D - CENTRAL REGISTRY OF OFFENDERS AGAINST INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Subchapter 3 - INVESTIGATIONS › Section 10:44D-3.4 - Compilation of data by the Office of Investigations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Office of Investigations shall
				compile data about any investigation conducted as a result of a report made
				pursuant to
				section
				3 of
				P.L.
				2010, c. 5
				(N.J.S.A.
				30:6D-75), concerning abuse, neglect, or
				exploitation of an individual with a developmental disability residing in a
				community care residence, and shall issue an annual report as provided in this
				section. The report, which shall be made available on the website of the
				Department and contain non-identifying information, shall, at a minimum,
				include:
1. The number of individuals with
				developmental disabilities residing in community care residences who were the
				subject of an allegation of abuse, neglect, or exploitation and the number of
				substantiated, unsubstantiated, and unfounded allegations;
2. The number of deaths, if any, of
				individuals with developmental disabilities who were residing in community care
				residences and were the subject of a report of abuse, neglect, or exploitation
				and the cause of death;
3. The
				number of case managers or case managers' supervisors who have been reassigned
				or terminated, or both, as a result of an investigation of abuse, neglect, or
				exploitation of an individual with a developmental disability residing in a
				community care residence; and
4.
				The number of case managers or case managers' supervisors against whom a civil
				or criminal action has been brought as a result of an allegation of abuse,
				neglect, or exploitation of an individual with a developmental disability
				residing in a community care residence.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 44D - CENTRAL REGISTRY OF OFFENDERS AGAINST INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Subchapter 4 - PLACEMENT ON THE CENTRAL REGISTRY › Section 10:44D-4.1 - Placement on the Central Registry of Offenders Against Individuals with Developmental Disabilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon completion
				of every investigation of abuse, neglect or exploitation that results in
				substantiation of the allegation or allegations, the investigating unit shall
				determine whether the incident involves any or all of the elements specified in
				(b), (c) or (d) below.
(b) In the
				case of a substantiated incident of abuse, the caregiver acted intentionally,
				recklessly or with careless disregard to the well-being of the service
				recipient resulting in injury to an individual with a developmental disability
				or by exposing the latter to a potentially injurious situation.
1. Acting intentionally is the mental
				resolution or determination to commit an act.
2. Acting recklessly is the creation of a
				substantial and unjustifiable risk of harm to others by a conscious disregard
				for that risk.
3. Acting with
				careless disregard is the lack of reasonableness and prudence in doing what a
				person ought not to do or not doing what ought to be done.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 44D - CENTRAL REGISTRY OF OFFENDERS AGAINST INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Subchapter 5 - DEPARTMENT REVIEW › Section 10:44D-5.1 - Central Registry of Offenders Against Individuals with Developmental Disabilities Review

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				Commissioner, or the Commissioner's designee, shall decide whether to place the
				names of a caregiver who has been found to be a substantiated perpetrator of
				abuse, neglect, or exploitation on the Central Registry of Offenders Against
				Individuals with Developmental Disabilities.
1. As soon as possible, and no later than 14
				business days after receipt of the completed investigation report of the
				incident of abuse, neglect, or exploitation, the Commissioner, or the
				Commissioner's designee, shall review the incident.
2. The offending caregiver of a substantiated
				incident shall be included on the Central Registry as expeditiously as
				possible.
3. The decision of the
				Commissioner, or the Commissioner's designee, shall be deemed to be the
				departmental finding.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 44D - CENTRAL REGISTRY OF OFFENDERS AGAINST INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Subchapter 6 - APPEALS AND REMOVAL FROM CENTRAL REGISTRY › Section 10:44D-6.1 - Central Registry of Offenders Against Individuals with Developmental Disabilities informal hearing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Whenever the
				Department shall find cause to place a person on the Central Registry, it shall
				notify the person of the intent and the reasons therefor, in writing, and
				provide an opportunity for an informal hearing, in addition to an opportunity
				for an Office of Administrative Law hearing in accordance with the
				Administrative Procedure Act,
				52:14B-1 et seq. and the Uniform
				Administrative Procedure Rules, N.J.A.C. 1:1.
(b) The request for an informal hearing shall
				be filed within 10 business days from the date of receipt of the notice.
1. All requests for an informal hearing shall
				be in writing and shall be directed to the following address:
NJ Department of Human Services
Office of Legal, Regulatory and Guardianship Services
PO Box 700
6th Floor
222 South Warren Street
Trenton, NJ 08625-0700
2. All requests for an informal hearing shall
				include:
i. The date the request is
				written;
ii. The Unusual Incident
				Report number issued by the Critical Incident Management Unit upon which the
				decision to place the individual on the Central Registry was made;
iii. The full name of the person identified
				as the substantiated perpetrator (and the person's current name, if it has
				changed);
iv. A description of the
				evidence to be produced at the informal hearing that would indicate the person
				was placed on the Central Registry by error and, if proven, would dispel
				contested matters of fact and law;
v. The person's current street address, city,
				state, zip code and telephone number; and
vi. The person's signature.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 44D - CENTRAL REGISTRY OF OFFENDERS AGAINST INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Subchapter 6 - APPEALS AND REMOVAL FROM CENTRAL REGISTRY › Section 10:44D-6.2 - Central Registry of Offenders Against Individuals with Developmental Disabilities appeals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In addition to
				the option of an informal hearing, as set forth in
				10:44D-6.1, a person who is to be
				placed on the Central Registry may also request a hearing before the Office of
				Administrative Law pursuant to the Administrative Procedure Act,
				52:14B-1 et seq., in order to
				appeal the Commissioner's decision. This request for an Office of
				Administrative Law hearing shall be made in writing within 30 calendar days of
				the mailing of the Department's notification of intent to place the individual
				on the Central Registry.
(b) A
				person requesting an appeal shall use information found on the notification to
				prepare a written request. The written request shall be delivered to the
				Administrative Practice Officer of the Office of Legal, Regulatory and
				Guardianship Services within 30 calendar days of the receipt of the notice and
				shall include the following items:
1. Date
				the request for appeal is written;
2. The Unusual Incident Report number issued
				by the Critical Incident Management Unit upon which the decision to place on
				the Central Registry was made;
3.
				The full name of the person identified as the substantiated
				perpetrator;
4. The reason the
				person is requesting the appeal and an explanation of why the person believes
				the substantiated determination is inappropriate;
5. The person's current name (if it has
				changed from the name noted in (b)3 above);
6. The person's current street address, city,
				state, zip code and telephone number; and
7. The person's signature.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 44D - CENTRAL REGISTRY OF OFFENDERS AGAINST INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Subchapter 6 - APPEALS AND REMOVAL FROM CENTRAL REGISTRY › Section 10:44D-6.3 - Removal by rehabilitation from the Central Registry of Offenders Against Individuals with Developmental Disabilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A person may
				apply to the Commissioner for removal of his or her name from the Central
				Registry after a period of five years of being placed of being placed
				thereon.
(b) The person shall
				affirmatively demonstrate to the Commissioner clear and convincing evidence of
				rehabilitation. In determining whether an individual has affirmatively
				demonstrated rehabilitation, as highly probable or reasonably certain, the
				following factors shall be considered:
1. The
				nature and responsibility of the position that the individual would hold or has
				held, as the case may be;
2. The
				nature and seriousness of the offense that caused the person's name to be
				placed on the Central Registry;
3.
				The circumstances under which the offense occurred;
4. The date of the offense;
5. The age of the individual when the offense
				was committed;
6. Whether the
				offense was an isolated or repeated incident;
7. Any social conditions that may have
				contributed to the offense; and
8.
				Any evidence of rehabilitation, including good conduct in the community,
				counseling or psychiatric treatment received, acquisition of additional
				academic or vocational schooling, remorse, successful participation in
				correctional programs or the recommendation of those who have had the
				individual under their supervision.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 44D - CENTRAL REGISTRY OF OFFENDERS AGAINST INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Subchapter 7 - REGISTRY CHECKS › Section 10:44D-7.1 - Central Registry of Offenders Against Individuals with Developmental Disabilities Registry checks

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Office of
				Program Integrity and Accountability, shall maintain the Central Registry of
				Offenders Against Individuals with Developmental Disabilities. All persons
				placed on the Central Registry shall be identified, to the extent ascertainable
				at the time of their placement, by:
1. Full
				name, any previous maiden name or aliases;
2. Most recent address;
3. Social Security number;
4. Date of birth; and
5. The Unusual Incident Report number, issued
				by the Critical Incident Management Unit, upon which placement on the Central
				Registry was made.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 44D - CENTRAL REGISTRY OF OFFENDERS AGAINST INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Subchapter 7 - REGISTRY CHECKS › Section 10:44D-7.2 - Out-of-State facilities Central Registry of Offenders Against Individuals with Developmental Disabilities background checks

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each
				out-of-State facility that contracts with the Division of Developmental
				Disabilities to provide services for New Jersey residents shall meet the
				requirements of
				N.J.A.C.
				10:44D-3.1; and also shall perform a
				background check of any similar registry in effect within the facility's
				jurisdiction.
(b) A licensed
				provider in another state shall be permitted access to the Central Registry. A
				facility that is duly licensed under another state's authority to provide
				services to individuals with developmental disabilities may make a written
				request of the Office of Program Integrity and Accountability concerning
				whether or not a particular individual, who they believe may have provided
				services to individuals with developmental disabilities within the State of New
				Jersey, has been placed on the Central Registry of Offenders Against
				Individuals with Developmental Disabilities.
1. The non-New Jersey facility shall provide
				the name, last four digits of the Social Security number, date of birth, and
				the time frame in which the individual to be checked may have worked with
				individuals with developmental disabilities in New Jersey.
2. In the request, the facility shall also
				provide information about the licensing its state has granted the facility to
				provide services to individuals with developmental disabilities.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 45 - GUARDIANSHIP SERVICES › Subchapter 1 - GENERAL PROVISIONS › Section 10:45-1.1 - Authority

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department
				of Human Services is directed to provide comprehensive services, specifically
				including guardianship services, to eligible individuals with a developmental
				disability, in order that they may be provided with adequate training, care and
				protection pursuant to
				30:4-165.1.
(b) The Department of Human Services is
				directed to perform such services for adults who are incapacitated, for whom no
				guardian has been appointed, and which would otherwise be rendered by a
				guardian of the person pursuant to
				30:4-165.5.
(c) The Commissioner of the Department of
				Human Services is mandated to make all reasonable and necessary provisions to
				insure the health, safety, welfare and earliest appropriate release of
				individuals admitted to residential services for the developmentally disabled
				pursuant to N.J.S.A. 30:4-25.
(d)
				The Bureau of Guardianship Services has been assigned the responsibility of
				providing guardianship services by the Commissioner. Guardianship services are
				limited to guardianship of the person only and not property pursuant to
				30:4-165.1 2.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 45 - GUARDIANSHIP SERVICES › Subchapter 2 - ELIGIBILITY REQUIREMENTS FOR GUARDIANSHIP SERVICES › Section 10:45-2.1 - Eligibility requirements for adults

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An individual
				18 years or older is eligible for guardianship services if he or she is
				receiving or has been formally determined by the Division to be eligible for
				services from the Division and has been:
1.
				Administratively determined to be in need of guardianship by the administrative
				head of the service component, based upon an assessment and recommendation of a
				team of professional staff and referred to BGS before April 12, 1985;
				or
2. Adjudicated as an
				incapacitated individual by a court of competent jurisdiction and has had the
				BGS appointed by the court as guardian of the person.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 45 - GUARDIANSHIP SERVICES › Subchapter 2 - ELIGIBILITY REQUIREMENTS FOR GUARDIANSHIP SERVICES › Section 10:45-2.2 - Eligibility requirements for children

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An individual
				under the age of 18 years is eligible for temporary guardianship services if he
				or she is receiving services from the Division and is without parent or
				guardian after the requirements of (b)2 below have been satisfied.
(b) In the instance of a child determined
				eligible for guardianship services where no parent or guardian is deemed
				available, staff of the service component shall verify such status by:
1. Documentation that the child's legal
				guardian(s) is deceased and that there are no other relations or close family
				friends available to serve as guardian; or
2. Documentation that the following efforts
				to locate the child's guardian(s) have been unsuccessful:
i. Notice by letter in the primary language
				of the guardian, if known, by regular mail and certified mail, return receipt
				requested, to the guardian's last known address. Up to 30 days should be given
				for a response to the letters;
ii.
				Inquiry by letter among any known relatives, friends and current or former
				employers of the guardian(s); and
iii. Inquiries, using the guardian's last
				known or suspected address, to the local post office, the Division of Motor
				Vehicles and any social service and law enforcement agencies known to have had
				contact with the guardian(s) both in New Jersey and in other states. Failure to
				receive response to the inquiries within 45 days shall constitute a negative
				response.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 45 - GUARDIANSHIP SERVICES › Subchapter 3 - CONTINUATION OF ELIGIBILITY FOR GUARDIANSHIP SERVICES › Section 10:45-3.1 - Continuation of eligibility for adults

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Eligibility for
				guardianship services shall continue for an adult individual, as long as he or
				she remains a recipient of services from the Division and neither of the
				following has occurred:
1. A court order
				reversing a previous adjudication of incapacity and appointment of BGS as
				guardian; and
2. A change in status
				of an individual receiving guardianship services through an administrative
				determination prior to April 12, 1985, resulting from a review and reevaluation
				by the service component's inter-disciplinary team.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 45 - GUARDIANSHIP SERVICES › Subchapter 3 - CONTINUATION OF ELIGIBILITY FOR GUARDIANSHIP SERVICES › Section 10:45-3.2 - Continuation of eligibility for children

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Eligibility for
				temporary guardianship services continues up to one year for a child, as long
				as he or she remains:
1. A recipient of
				services from the Division;
2.
				Under the age of 18 years. Prior to reaching the age of majority, an assessment
				shall be made as to the continuing need for a guardian as an adult, in
				accordance with the provisions of
				30:4-165.4 et seq., and N.J.A.C.
				10:43; and
3. Without a guardian to
				act on the child's behalf.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 45 - GUARDIANSHIP SERVICES › Subchapter 4 - ROLE AND RESPONSIBILITIES OF THE BUREAU OF GUARDIANSHIP SERVICES › Section 10:45-4.2 - Functions and duties of BGS staff

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In order to
				exercise their role and responsibilities, BGS staff shall be knowledgeable and
				informed about the individual's status, program and progress by means of the
				following:
1. Meeting with the individual at
				least once a year, including individuals in out-of-State Purchase of Care
				Facilities within one day driving distance from the BGS staff's assigned
				office;
2. Meeting the individual
				at least once every three months, if the individual is not visited by
				representatives from any other public or private agency, pursuant to N.J.S.A.
				3B:12-57f.(2);
3. Reviewing the
				appropriate records including, but not limited to the DDD record, sponsor
				record or provider agency record;
4. Interviewing collateral staff including,
				but not limited to, case manager, sponsor or provider agency staff;
5. Maintaining regular contact with
				interested and/or involved family through attendance at IDT meetings, personal
				meetings, phone calls and correspondence;
6. Maintaining on-going written record of
				actions taken on behalf of the individual;
7. Preparing a report pertaining to the
				health and well-being of the individual; and
8. Sharing recommendations from the report
				with the service component.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 45 - GUARDIANSHIP SERVICES › Subchapter 4 - ROLE AND RESPONSIBILITIES OF THE BUREAU OF GUARDIANSHIP SERVICES › Section 10:45-4.3 - Guardianship services for a child whose parent or guardian is deemed unavailable

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Guardianship
				services initiated on the basis of the procedures set forth in
				10:45-2.2(b)  may
				be provided on a temporary basis for a maximum of one year without judicial
				appointment.
(b) During the course
				of providing temporary guardianship services, BGS shall render consent in
				certain critical areas of decision-making only after a review procedure shall
				have been conducted.
1. Critical areas of
				decision-making requiring review shall include the following:
i. A transfer, which involves a change of the
				individual's place of residence;
ii. A medical procedure, which entails major,
				irrevocable consequences including, but not limited to, amputation of a limb,
				abortion or removal or transplant of a vital organ; and
iii. A major change in the individual's
				service plan including, but not limited to, implementation of a behavior
				support plan involving the use of behavior risk elements as defined in
				10:41-4.3.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 45 - GUARDIANSHIP SERVICES › Subchapter 5 - LIMITATIONS OF BGS AUTHORITY › Section 10:45-5.1 - Procedures requiring court approval

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to
				30:6D-5(a), BGS
				staff shall not consent to the following procedures but may, with the approval
				of the Chief of the BGS, refer the matter to a court of competent jurisdiction
				for appointment of a guardian ad litem:
1.
				Shock treatment;
2.
				Psychosurgery;
3. Sterilization;
				or
4. Medical, behavioral or
				pharmacological research as experimentation.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 45 - GUARDIANSHIP SERVICES › Subchapter 6 - RESPONSIBILITY OF SERVICE COMPONENT TO INFORM BGS › Section 10:45-6.1 - Duty to inform BGS

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The service
				component staff, community care providers and provider agency staff shall
				inform BGS staff promptly and comprehensively regarding any significant life
				events, proposed changes to residence or program or unusual incidents involving
				individuals being served by BGS including, but not limited to, the following
				areas:
1. Medical issues, as follows:
i. Changes in an individual's medical,
				psychiatric, behavioral or emotional status;
ii. Changes in prescribed
				medication;
iii. Additional
				diagnoses identified;
iv.
				Hospitalizations; and
v.
				Significant or new specialist's appointments/consultations;
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 46 - DETERMINATION OF ELIGIBILITY › Subchapter 1 - GENERAL PROVISIONS › Section 10:46-1.1 - Purpose; authority

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to
				N.J.S.A.
				30:1-12,
				30:4-25.2,
				30:4-25.3,
				30:4-25.9,
				30:4-25.11,
				30:6D-1et
				seq. ( P.L. 1985, c. 145 ), and 30:4-60 et seq. ( P.L. 1995, c. 155 ), the
				Division of Developmental Disabilities, Department of Human Services
				(Division), intends this chapter to establish guidelines and criteria for
				determination of eligibility for services to individuals with developmental
				disabilities.
(b) Pursuant to
				30:4-25.9, the applicant shall
				apply for and maintain all current and future benefits for which he or she may
				be eligible, including, but not limited to, Medicare, Medicaid, any other State
				or Federal benefits, and any third-party support pursuant to statute, rule,
				court order, or contract. The Division offers services funded through Medicaid
				and Medicaid waivers. In order for the Division to provide waiver services to
				an individual, the individual must be eligible for the waiver, the service
				provided must be a waiver service, and the setting in which the service is
				provided must meet waiver requirements. The individual, guardian, or
				representative-payee, as applicable, must apply for the appropriate waiver and
				comply with all the requirements of eligibility for these benefits. The
				individual, guardian, or representative-payee is also responsible for
				maintaining eligibility for those benefits. Medicaid eligibility is determined
				by and through the appropriate eligibility agency.
(c) When an individual receives residential
				services from the Division funded through contract reimbursement, he or she is
				required to contribute to the cost of care and maintenance. The requirements
				and financial ability of the individual and that of his or her legally
				responsible relatives to contribute to the cost of care and maintenance are set
				forth at N.J.A.C. 10:46D, Contributions for Care and Maintenance Requirements.
				Pursuant to
				N.J.S.A.
				30:4-25.9, the obligation to make payments is
				a condition of eligibility.
(d) The
				availability of services shall be limited to the Division's funding in a given
				fiscal year.
(e) If an individual
				fails to obtain and maintain Medicaid eligibility as determined by the
				appropriate Medicaid eligibility agency, the individual remains responsible for
				the full cost of care and the Division reserves the right to charge the
				individual for any expense that the Division incurs while providing services
				without Federal assistance.
(f) To
				the extent practicable, Division applications, publications, and other written
				materials shall be provided in the individual's primary language and in
				alternate formats as needed.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 46 - DETERMINATION OF ELIGIBILITY › Subchapter 1 - GENERAL PROVISIONS › Section 10:46-1.2 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
The provisions of this chapter shall apply to all individuals
				  applying to the Division for eligibility under
				  N.J.S.A.
				  30:4-25.1et seq., and 30:4-165.1 et seq.
				  Individuals under the age of 21, individuals who do not meet functional
				  eligibility criteria, and individuals who are not Medicaid eligible, are not
				  eligible to receive Division services, except for transitional planning as
				  provided for at
				  N.J.A.C.
				  10:46-2.1(h).
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 46 - DETERMINATION OF ELIGIBILITY › Subchapter 2 - ELIGIBILITY CRITERIA › Section 10:46-2.1 - General eligibility

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An individual must be determined eligible
				for services under this chapter before the Division can provide services, not
				including transitional planning to individuals under the age of 21.
(b) An individual must have a developmental
				disability in order to be determined eligible for services.
1. Neurological impairment is not a diagnosis
				itself. Diagnoses related to neurological impairments that establish
				developmental disability may include, but are not limited to: spina bifida,
				epilepsy, traumatic brain injury, and acquired brain injury.
2. Conditions that do not independently meet
				the criteria set forth in the definition of developmental disability include,
				but are not limited to:
i. An education
				classification of neurological impairment;
ii. Attention deficit hyperactivity disorder
				(ADHD);
iii. Learning
				disorder;
iv. Oppositional defiant
				disorder; and
v. Conduct
				disorder.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 46 - DETERMINATION OF ELIGIBILITY › Subchapter 2 - ELIGIBILITY CRITERIA › Section 10:46-2.2 - Residency

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An individual must be a resident of New
				Jersey before the Division can provide services. It shall be the responsibility
				of the individual applying for eligibility, or his or her guardian, to
				establish residency in the State of New Jersey. Residency shall be determined
				in the following manner:
1. An individual
				applying for eligibility shall be deemed a resident of the State if he or she
				lives in the State as his or her primary residence at the time of application
				for eligibility, unless the individual meets the criteria outlined in (a)2
				below. If an individual has a guardian, the guardian must also live in the
				State as his or her primary residence at the time of application for
				eligibility, unless the guardianship determination does not include residential
				decision-making by the guardian.
2.
				When an individual applying for eligibility is residing in an out-of-State
				residential placement at the time of application for eligibility and the
				conditions stipulated at
				N.J.S.A.
				30:6D-21.1 through 21.3 (
				P.L.
				2015, c. 192 ) do not
				apply, she or he shall indicate on the application that it is their intention
				to return to New Jersey to receive in-State services no later than six months
				after eligibility has been established. If the individual does not return to
				New Jersey within six months of the determination of eligibility, the
				individual will not have met the residency requirement, and eligibility will be
				rescinded. If the individual is not yet 21 years of age, the individual will
				have no more than six months after their 21st birthday to return to New Jersey
				or the individual will not have met the residency requirement and eligibility
				will be rescinded.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 46 - DETERMINATION OF ELIGIBILITY › Subchapter 3 - APPLICATION › Section 10:46-3.1 - Who may apply

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Application for eligibility to receive
				Division services at the age of 21 under this chapter may be made by the
				following individuals:
1. An individual 18
				years of age or older may apply on his or her own behalf;
2. The guardian of an individual 18 years of
				age or older; or
3. A court of
				competent jurisdiction may apply on behalf of an individual 18 years of age of
				older, who appears to have a developmental disability.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 46 - DETERMINATION OF ELIGIBILITY › Subchapter 3 - APPLICATION › Section 10:46-3.2 - How to apply

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Application shall be made on forms
				supplied by the Division.
(b)
				Documentation to substantiate a diagnosis of a developmental disability will be
				required.
(c) Minimum information
				submitted shall include, but not be limited to:
1. Social data, such as name, address, date
				of birth, telephone number, Social Security number, and present living
				arrangement;
2. Medical
				information;
3. Present program or
				employment type;
4. Name, address,
				and telephone number of the contact person, if someone other than the person on
				whose behalf application is being made;
5. Presenting request, such as the specific
				services(s) that may be desired, if known by the individual;
6. Information for the individual's financial
				information sheet including basic information, such as Social Security number
				and the amount and type of benefits received, and those documents as required
				under N.J.A.C. 10:46D, Contribution to Care and Maintenance
				Requirements;
7. Documentation of
				residency; and
8. Documentation
				establishing guardianship, if applicable.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 46 - DETERMINATION OF ELIGIBILITY › Subchapter 3 - APPLICATION › Section 10:46-3.3 - Reapplication

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An individual
				who has been found ineligible by the Division may apply for services again at
				any time if he or she has obtained a new evaluation(s), which supports that the
				eligibility criteria are met.
(b)
				The individual shall provide a copy of the evaluation(s) for review by the
				Division. The Division shall review the evaluation and notify the individual
				within 30 working days whether a new application for services will be
				accepted.
(c) As used in this
				section, "evaluation" means a formal assessment using standardized measures by
				a professional, such as a physician, psychologist, or other individual who can
				appropriately evaluate the individual's condition to determine whether the
				individual has a developmental disability.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 46 - DETERMINATION OF ELIGIBILITY › Subchapter 4 - DETERMINATION PROCESS › Section 10:46-4.1 - Determination

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An intake
				worker shall begin a case file upon receipt of an application for determination
				of eligibility for services.
(b)
				The intake worker shall assist in completion of the application upon request of
				the applicant.
(c) Upon receipt of
				an application, including all necessary documentation, the intake team shall
				make a decision, in writing, based upon specific findings regarding eligibility
				pursuant to N.J.A.C. 10:46-2.
(d)
				The intake team may make a decision concerning eligibility. If there is a
				question of eligibility, the intake team may:
1. Conduct a face-to-face interview within 30
				days, if additional information is needed; or
2. Request peer consultation in reaching a
				final decision.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 46 - DETERMINATION OF ELIGIBILITY › Subchapter 4 - DETERMINATION PROCESS › Section 10:46-4.2 - Notice requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Division staff shall notify the
				applicant, in writing, of the status of the eligibility determination no more
				than 60 days from receipt of a complete application for determination of
				eligibility for services.
(b) If
				the eligibility decision cannot be made within 60 days from receipt of a
				complete application for determination of eligibility for services, the
				applicant shall be advised, in writing, as to the specific reasons why a
				determination cannot be made, and shall be informed of the status of the
				application at least every 30 days. The written notice shall include the name
				and telephone number of a Division staff member for the person to contact
				regarding services.
(c) If the
				applicant is determined eligible, Division staff shall notify the applicant, in
				writing, within 10 working days of the determination and such notice shall
				include information regarding the service(s) deemed most suitable by the intake
				worker or the intake team.
1. If the most
				appropriate service as determined by the intake worker or the intake team is
				not immediately available, the Division shall provide an alternate
				service.
2. The Division may also
				place the eligible individual's name on the Community Care Program Waiting List
				in accordance with N.J.A.C. 10:46C and/or any other applicable waiting lists.
				Nothing in this paragraph entitles an individual determined eligible for
				services to immediate enrollment on the Community Care Program or any other
				service for which there may be a waiting list.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 46 - DETERMINATION OF ELIGIBILITY › Subchapter 5 - APPEALS PROCESS › Section 10:46-5.1 - Appeals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the
				individual is determined by the Division not to meet the criteria for
				eligibility, the Division shall notify the individual in writing within 10
				working days of the determination.
1. The
				notice shall include specific criteria that were not met by the
				individual.
2. The notice shall
				include information regarding the individual's right to appeal the
				determination of ineligibility pursuant to N.J.A.C. 10:48. Such appeals shall
				be deemed to be contested matters.
3. The individual shall bear the burden of
				proof and the burden of persuasion.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 46A - FAMILY SUPPORT SERVICE SYSTEM › Subchapter 1 - GENERAL PROVISIONS › Section 10:46A-1.1 - Purpose; authority

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to
				30:6D-33 et seq., the Division of
				Developmental Disabilities, in conjunction with the New Jersey Council on
				Developmental Disabilities (NJCDD) must create a system of family support that
				is flexible and designed to strengthen and promote families that provide care
				at home for a family member with a developmental disability.
(b) A Statewide family support policy must
				acknowledge that families themselves are able to define their own needs and
				select their own services; within available resources, family supports must be
				chosen by the families, controlled by families and monitored by
				families.
(c) The system of Family
				Support shall include, but not be limited to:
1. After school care;
2. Cash subsidies;
3. Communication and interpreter
				services;
4. Counseling
				services;
5. Crisis
				intervention;
6. Day
				care;
7. Equipment and
				supplies;
8. Estate and transition
				planning;
9. Home and vehicle
				modification;
10. Home health
				services;
11. Homemaker
				assistance;
12. Housing
				assistance;
13. Medical and dental
				care not otherwise covered;
14.
				Parent education and training;
15.
				Personal assistance services;
16.
				Recreation services;
17. Respite
				care for families;
18. Self
				advocacy training;
19. Service
				coordination;
20. Specialized
				diagnosis and evaluation;
21.
				Specialized nutrition and clothing;
22. Therapeutic or nursing
				services;
23.
				Transportation;
24. Vouchers;
				and
25. Other services as
				identified by the family, in accordance with
				10:46A-2.3.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 46A - FAMILY SUPPORT SERVICE SYSTEM › Subchapter 1 - GENERAL PROVISIONS › Section 10:46A-1.2 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
The provisions of this chapter shall apply to all eligible
				  persons with developmental disabilities and/or their families. The provisions
				  of this chapter also apply to agencies under contract with the Division of
				  Developmental Disabilities or regulated by the Department of Human
				  Services.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 46A - FAMILY SUPPORT SERVICE SYSTEM › Subchapter 2 - ELIGIBILITY CRITERIA › Section 10:46A-2.1 - General eligibility

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A person
				determined to have a developmental disability in accordance with the
				requirements of N.J.A.C. 10:46 and who is a resident of the State of New
				Jersey, shall be eligible for family support services.
1. In accordance with N.J.A.C. 10:46, a
				person with a developmental disability can be determined to be eligible for
				functional services.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 46A - FAMILY SUPPORT SERVICE SYSTEM › Subchapter 2 - ELIGIBILITY CRITERIA › Section 10:46A-2.2 - Who may apply for family support services

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Requests for
				family support services may be made by:
1. A
				competent adult on his or her own behalf;
2. An uncompensated caregiver;
3. A parent, family member or a legal
				guardian of an incompetent adult; or
4. The parents or legal guardian of a minor.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 46A - FAMILY SUPPORT SERVICE SYSTEM › Subchapter 2 - ELIGIBILITY CRITERIA › Section 10:46A-2.3 - Requests for family support services

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Requests for
				family support services shall be made to a regional office of the Division.
1. An individual not previously determined
				eligible for Division services and who is requesting family support services
				shall contact the regional intake worker to initiate the eligibility
				process.
2. If an individual is
				eligible for functional services of the Division, requests for family support
				services shall be made to the assigned case manager.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 46A - FAMILY SUPPORT SERVICE SYSTEM › Subchapter 3 - FAMILY SUPPORT COORDINATOR › Section 10:46A-3.1 - Role of the coordinator

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The family
				support system shall be administered by the Division, in conjunction with the
				Family Support Coordinator working under the direction of the New Jersey
				Council on Developmental Disabilities (NJCDD).
(b) The Division of Developmental
				Disabilities shall develop an agreement with the New Jersey Council on
				Developmental Disabilities (NJCDD) regarding the role and authority of the
				Coordinator.
(c) The Family Support
				Coordinator shall:
1. Coordinate efforts by
				the Regional Family Support Planning Councils and public and private agencies,
				including, but not limited to:
i.
				Identification of services provided by different agencies; and
ii. Planning with all entities to insure that
				gaps in services are filled.