reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 42 - MECHANICAL RESTRAINTS AND SAFEGUARDING EQUIPMENT › Subchapter 1 - GENERAL PROVISIONS › Section 10:42-1.4 - General requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Division
				recognizes that the risk of dangerous behavior may be minimized when the
				following conditions are made available to the individual:
1. A safe environment, which provides
				sufficient living area, employs effective sanitary practices, and affords the
				opportunity for personal privacy;
2. Access to needed services, activities, and
				possessions, which are based on choice and individual preference;
3. Frequent communication and positive
				interactions with others;
4.
				Culturally sensitive treatment, which recognizes, through words and actions,
				that the individual is a valued and respected person;
5. Opportunity for the development of
				appropriate social, communication, coping, and other life skills;
6. Meaningful participation in the community
				including support for and development of relationships with family and friends;
				and
7. Appropriate treatment for
				medical conditions and mental health issues.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 42 - MECHANICAL RESTRAINTS AND SAFEGUARDING EQUIPMENT › Subchapter 2 - SAFEGUARDING EQUIPMENT AND MECHANICAL RESTRAINTS › Section 10:42-2.1 - Use of safeguarding equipment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The use of
				safeguarding equipment shall be initiated on the prescription of a
				physician.
(b) A physician shall
				document in the client record the need for safeguarding equipment and the
				specific device to be applied. That prescription shall indicate the specific
				medical condition for which the safeguarding equipment is to be used and the
				length of time permitted for its use. The prescription shall be included in the
				client record.
(c) If the equipment
				is used to prevent accidental injury, the physician shall document the specific
				medical condition that warrants its use. The equipment is to be used to address
				a specific symptom of the individual's medical condition, which is not likely
				to be changed through behavioral supports.
(d) Once the physician has documented the
				need for safeguarding equipment, the need shall be reviewed by the individual's
				IDT. If the use of the safeguarding equipment is consistent with the goals and
				objectives in the individual's service plan and can be implemented, the use of
				the safeguarding equipment shall be included in the IHP.
(e) If the use of the safeguarding device
				cannot be integrated into the service plan, the IDT shall meet to revise the
				plan to provide for the individual's safety and habilitation needs. The IDT
				shall meet within 10 working days from the initial application for a
				safeguarding device.
(f) The need
				for safeguarding equipment shall be reviewed as part of the service plan no
				less than annually.
(g) The
				continued need for a safeguarding device shall be authorized by a physician in
				the client record at least annually.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 42 - MECHANICAL RESTRAINTS AND SAFEGUARDING EQUIPMENT › Subchapter 2 - SAFEGUARDING EQUIPMENT AND MECHANICAL RESTRAINTS › Section 10:42-2.2 - Mechanical restraints

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Mechanical
				restraints may be utilized only as follows:
1.
				As an emergency measure to manage the risks associated with severe forms of
				inappropriate behavior that endanger the health and safety of the individual or
				others when other forms of protection are judged to be insufficient;
				or
2. As part of an approved
				behavior support plan.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 42 - MECHANICAL RESTRAINTS AND SAFEGUARDING EQUIPMENT › Subchapter 2 - SAFEGUARDING EQUIPMENT AND MECHANICAL RESTRAINTS › Section 10:42-2.3 - Prohibited practices

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The use
				of mechanical restraints and safeguarding equipment are prohibited as:
1. Disciplinary procedures;
2. A form of retaliation or
				coercion;
3. Measures for the
				convenience of staff; or
4.
				Substitutes for skill development efforts, other systematic environmental
				modifications, or therapeutic interventions.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 42 - MECHANICAL RESTRAINTS AND SAFEGUARDING EQUIPMENT › Subchapter 3 - APPLICATION AND IMPLEMENTATION › Section 10:42-3.2 - Staff training requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Only training
				reviewed and approved by the Division's Behavior Policy Review Committee may be
				used.
(b) Authorizing personnel
				shall be trained in the use and authorization requirements of this
				chapter.
(c) All use of mechanical
				restraints shall be applied and monitored by staff members who have been
				trained in their use and application, as described in (d) below.
(d) Any entity that is approved to use
				mechanical restraints shall train staff members in the use of procedures
				specific to the needs of individuals receiving services. Training shall
				include, but is not limited to:
1.
				Requirements of this chapter for mechanical restraints and the provider's
				Division-approved procedures;
2.
				Methods to prevent or minimize the behavior that led to staff intervention as
				described in the definition of "mechanical restraint";
3. De-escalation techniques;
4. Instructions on the implementation of
				mechanical restraints, including the trainee experiencing being
				restrained;
5. A demonstration by
				the trainee of the proper use of the authorized mechanical restraint on an
				annual basis or as necessary;
6.
				Recognition of signs of distress;
7. Restraint removal or release as
				applicable, including the need for continuous reassessment of the ability to
				lessen or remove the restraint;
8.
				Documentation required pursuant to this chapter; and
9. Follow-up procedures, as
				necessary.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 42 - MECHANICAL RESTRAINTS AND SAFEGUARDING EQUIPMENT › Subchapter 3 - APPLICATION AND IMPLEMENTATION › Section 10:42-3.5 - Quality management

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Consistent with the entity's Division-approved policies and procedures
				established pursuant to
				10:42-3.1, entities shall
				establish a process for analyzing restraint utilization and reviewing the use
				of mechanical restraints for the purpose of reducing reliance upon mechanical
				restraints, quality improvement, and risk management.
1. Each entity that employs mechanical
				restraints shall have a committee that provides oversight by meeting,
				reviewing, and documenting the review of the use of mechanical restraints.
				These reviews shall include examination of trends and patterns of
				use.
2. Entities utilizing
				mechanical restraints must have a mechanism for reviewing all use and
				identifying future prevention measures with the goal of reducing or eliminating
				all use. This can be included in the entity's overall quality management
				plan.
3. Entities must collect and
				maintain data on all use of mechanical restraints and regularly analyze such
				data to identify trends in use by entity, program/service, and
				individual.
4. Entities utilizing
				mechanical restraints pursuant to
				10:42-2.2(a)1  or
				2 shall provide the Division with data on the use of these
				restraints.
5. Entities utilizing
				mechanical restraints must review all incidents related to injury or
				unauthorized use and implement corrective action. A mechanism to analyze use
				incidents and determine future prevention measures is required.
6. Entities utilizing mechanical restraints
				are required to maintain documentation of the implementation of teaching
				strategies or alternate program activities intended to increase the
				individual's capacity to utilize and/or respond to more proactive and positive
				coping strategies that are intended to replace the use of mechanical
				restraints.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 42 - MECHANICAL RESTRAINTS AND SAFEGUARDING EQUIPMENT › Subchapter 4 - MEDICAL OR DENTAL EVALUATIONS, EXAMINATIONS, OR TREATMENT › Section 10:42-4.1 - Use of safeguarding equipment for medical or dental evaluations, examinations, or treatment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The physician or dentist may use or
				direct the use of restraint to accomplish a needed evaluation, examination, or
				treatment. Such use shall be documented in the client record.
(b) Informed consent shall be required unless
				an emergency exists.
(c) In the
				judgment of the physician or dentist, when there is an emergency, he or she may
				use or direct the use of safeguarding equipment to accomplish a needed
				evaluation, examination, or treatment. Such use shall be documented in the
				client record.
(d) Safeguarding
				equipment shall be used under the continuous observation of the physician or
				dentist or designee. The individual shall be released upon completion of the
				necessary procedures.
(e) At no
				time shall the individual be permitted to remain in safeguarding equipment for
				the convenience of staff, including pre- and post-treatment.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 42A - LIFE-THREATENING EMERGENCIES › Subchapter 1 - GENERAL PROVISIONS › Section 10:42A-1.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
Staff at a facility for persons with developmental
				  disabilities or traumatic brain injury are required to call the 911 emergency
				  telephone service in life-threatening emergencies. The purpose of this chapter
				  is to provide guidelines for facilities in such instances.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 42A - LIFE-THREATENING EMERGENCIES › Subchapter 2 - REPORTING REQUIREMENTS › Section 10:42A-2.1 - General standards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All staff shall be responsible to call
				911 in a situation in which a prudent person could reasonably believe that
				immediate intervention is necessary to protect the life of a person receiving
				services at a facility for persons with developmental disabilities or traumatic
				brain injury, or to protect the lives of other persons at the facility or
				agency, from an immediate threat or actual occurrence of a potentially fatal
				injury, impairment to bodily functions, or dysfunction of a bodily organ or
				part, except as provided in (b) below.
(b) A staff member need not call 911 if the
				staff member is certain that another staff member has already called 911 about
				the life-threatening emergency.
(c)
				When only one staff member is present when a life-threatening emergency occurs
				that staff member shall call 911 and, if he or she is trained to provide
				immediate assistance, the staff member shall provide assistance.
(d) When the person suffering the
				life-threatening emergency has a DNR Order or POLST in effect, existence of the
				DNR Order or POLST does not relieve the staff member from the requirement to
				call 911. Staff shall call 911 if there is a life-threatening emergency but
				provide a copy of the DNR Order or POLST to emergency staff responding to the
				911 call. Circumstances arising from a terminal condition for which a person is
				receiving hospice care shall not be considered a life-threatening
				emergency.
(e) If a person
				experiences chronic seizure activity, that person's licensed medical
				practitioner, who is not employed by the facility where the person resides, may
				provide a prescription or standing order to the facility defining when 911
				should not be called because the person's seizure activity is not a
				life-threatening emergency.
(f) The
				911 call shall include:
1. The address and/or
				location of the emergency:
2. The
				telephone number where the emergency is located:
3. A brief description of the problem
				including whether the person(s) is conscious and, or breathing; and
4. The name of staff member calling
				911.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 42A - LIFE-THREATENING EMERGENCIES › Subchapter 3 - MONITORING › Section 10:42A-3.1 - Enforcement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall maintain a record
				of:
1. All reports received in which a 911
				call was made in a life-threatening emergency;
2. All reports in which it is identified that
				a 911 call was not made in life-threatening emergencies; and
3. Any other instance in which the Department
				determines that a 911 call should have been made.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 42B - MODERATE SECURITY UNIT › Subchapter 1 - GENERAL PROVISIONS › Section 10:42B-1.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
Pursuant to
				  30:4-25.1 3 et seq., the purpose
				  of this chapter is to establish a procedure for admission, retention and
				  release of individuals in the Moderate Security Unit (MSU). The MSU is a
				  treatment unit for men with developmental disabilities who have been convicted
				  of a crime or who have engaged in criminal behavior, with therapeutic programs
				  specializing in sex offender and arson-related treatment. It is a locked
				  facility used as an alternative to incarceration in a State or county
				  correctional facility. The purpose of this chapter is to establish a procedure
				  for admission, retention and release of individuals in the MSU.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 42B - MODERATE SECURITY UNIT › Subchapter 1 - GENERAL PROVISIONS › Section 10:42B-1.3 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this chapter,
				  shall have the meanings as defined below, unless the context clearly indicates
				  otherwise.
"Assistant Commissioner" means the Assistant Commissioner of
				  the Division of Developmental Disabilities.
"Division" means the Division of Developmental
				  Disabilities.
"Individual Habilitation Plan" (IHP) means a written,
				  individualized habilitation plan, consistent with the requirements of
				  30:6D-10 through 12, developed
				  with the individual and/or his or her legal guardian, and the IDT.
"Interdisciplinary Team (IDT)" means a group that shall
				  minimally consist of the individual receiving services, the plan coordinator,
				  the legal guardian and/or the Division case manager. The IDT may include the
				  parents or family member at the preference of the person served or guardian. In
				  addition, members may include: advocates and friends, those persons who work
				  most directly with the individual served, and professionals and representatives
				  of service areas who are relevant to the identification of the individual's
				  needs and preferences and the design and evaluation of programs to meet
				  them.
"Moderate Security Unit" (MSU) means a specialized
				  institutional treatment facility authorized and established by the Assistant
				  Commissioner of the Division, within the Department of Human Services, which is
				  used as an alternative to detention in a correctional facility or as a
				  residential requirement for probation and characterized primarily by physical
				  security for the confinement of males, 18 years of age or older, who are
				  adjudicated to be dangerous to self, others or property and in need of a highly
				  structured therapeutic treatment program.
"Moderate Security Unit Admissions Review Committee" means a
				  group of professionals who review all proposed court-ordered admissions to the
				  MSU. The purpose of the review shall be to determine if the individual's
				  offending behavior(s) can be addressed within the range of services at the MSU.
				  Committee members consist of:
1. The Director of the MSU or his or her designee;
2. The MSU Coordinator;
3. A representative of the Administrative Practice
				  Office;
4. A representative of the Regional Assistant Director from
				  the referring region; and
5. A representative of the Chief Executive Officer of the
				  Developmental Center where the MSU is located.
"Moderate Security Unit Coordinator" means the individual
				  designated by the Assistant Commissioner of the Division to be the contact
				  between the MSU staff, Central Office, the referring Division regional office
				  and the court system.
"Moderate Security Unit Director" means the individual who
				  oversees the operations of the MSU.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 42B - MODERATE SECURITY UNIT › Subchapter 2 - ADMISSION TO THE MSU › Section 10:42B-2.1 - Admission to the MSU by court order

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An individual
				shall not be admitted to the MSU unless the admission is ordered by a court of
				competent jurisdiction pursuant to
				30:4-25.1 4.
(b) An individual shall not be permitted to
				voluntarily admit himself to the MSU.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 42B - MODERATE SECURITY UNIT › Subchapter 3 - PROCEDURES › Section 10:42B-3.1 - Procedures prior to admission to MSU

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following
				procedures shall be implemented prior to admission of an individual to the MSU.
1. If the Division is advised by a court of
				competent jurisdiction that an individual, who may be developmentally disabled,
				is involved in a criminal proceeding before the court, the Division shall
				determine whether the individual is eligible for functional services provided
				by the Division in accordance with N.J.A.C. 10:46.
2. If the Division determines that the
				individual is not eligible for services, the individual may appeal the
				ineligibility decision and request a hearing in the Office of Administrative
				Law in accordance with N.J.A.C. 10:48. The regional office shall advise the
				party making the referral to the MSU, in writing, and advise the
				court.
3. If the individual is
				determined eligible for Division services, or if the individual had been
				determined eligible for Division services prior to the filing of criminal
				charges, the Division shall request the MSU Director to determine whether the
				individual is appropriate for, and will benefit from, admission to the MSU and
				whether a vacancy exists.
4. The
				MSU Director will schedule a meeting with the MSU Admissions Committee to
				review the record to determine if the individual will benefit from the services
				of the MSU. The MSU Director and the Admissions Committee may determine that an
				individual may not benefit from the services at the MSU because the individual
				has a severe psychiatric disorder or a low level of functioning or lack of
				communication skills, which would preclude him from participating in individual
				or group counseling.
5. If the
				individual is appropriate for, and will benefit from, admission to the MSU and
				a vacancy exists, the MSU Director shall advise the court and request an order
				to require the individual to be housed at and participate in the program at the
				MSU. Since admission to the MSU can only be made by an order of the court, the
				MSU Director or the MSU Coordinator shall offer to assist the court in drafting
				the order to the MSU.
6. If the MSU
				Director is not certain about the appropriateness of the admission of the
				individual, the MSU Director may recommend to the court that the individual be
				admitted to the MSU for a time-specified period to evaluate the individual's
				appropriateness for the program at the MSU. If the charges are dropped or, for
				any other reason, the court does not sentence the individual, the court shall
				notify the MSU Director and the individual shall be released pursuant to the
				specific directions in the court order or in the absence of specific directions
				in the court order, the MSU shall begin the transition process for the release
				of the individual to a less restrictive setting.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 42B - MODERATE SECURITY UNIT › Subchapter 4 - ADMISSION TO THE MSU › Section 10:42B-4.1 - Action of the court for admission to the MSU

Current through Register Vol. 56, No. 14, July 15, 2024
(a) After the MSU
				Director advises the court that the individual may be admitted to the facility
				in accordance with the provisions in
				10:42B-3.1, the court may order
				the individual be housed at and participate in the program at the MSU:
1. As a condition of probation;
2. Until disposition of pending criminal
				charges against the individual; or
3. Into the care and custody of the
				Commissioner of Human Services, in accordance with the provisions of
				2C:4-6, if the court finds that
				the individual is unfit to proceed because it has been determined that he is
				unfit to stand trial. The Division will make every effort to restore the
				individual to competency to stand trial. Throughout this process, the
				individual's competency is periodically reviewed by a court of competent
				jurisdiction to determine if the individual shall remain a Class I commitment,
				pursuant to
				30:4-25.1(b)  or
				be treated as a voluntary recipient of Division services. When the court
				dismisses the charges, pursuant to
				2C:4-6, the MSU shall begin the
				transition process for the release of the individual to a less restrictive
				setting.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 42B - MODERATE SECURITY UNIT › Subchapter 5 - COURT REVIEWS › Section 10:42B-5.1 - Court review of orders and possible actions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The court shall
				review the order to admit an individual to the MSU at least every six months.
				The court shall notify the MSU Director of the date of the review at least 30
				days prior to that date.
(b) Seven
				days prior to the court review, the MSU Director shall report to the court, in
				writing, regarding the status and progress of the individual admitted to the
				MSU and also send a copy of the report to the individual or his legal guardian,
				legal representative, if applicable, the county prosecutor, attorney, the MSU
				Coordinator, the Division's Administrative Practice Office, regional case
				manager and any other person as ordered by the court.
(c) In the case of an individual admitted to
				the MSU as a condition of probation, the MSU Director may, as he or she
				determines appropriate, recommend to the court, in his or her report, that the
				individual be transferred to a less restrictive environment. No move shall be
				made without a court order during probation.
1. The court may modify its order concerning
				probation in accordance with the recommendations of the MSU Director.
2. If the order is modified, the court can
				order any Division employee or service provider to provide reports to the court
				as directed.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 42B - MODERATE SECURITY UNIT › Subchapter 6 - RELEASE FROM THE MSU › Section 10:42B-6.1 - Provisions for the release from the MSU

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An individual
				shall be released from the MSU when his probation period ends, upon
				determination by the court that the individual has not violated the terms and
				conditions of his probation, or his commitment to the care and custody of the
				Commissioner of Human Services ends or upon disposition of pending criminal
				charges.
(b) No less that six
				months before the individual's period of probation or commitment ends, the MSU
				Director shall advise the individual and/or legal guardian that he may request
				continued services from the Division after his release from the MSU.
(c) Sixty days prior to the individual's
				release date, the MSU Director and the MSU Coordinator shall develop a plan of
				appropriate Division services to be provided or made available to the
				individual after his release from the MSU.
1.
				The Interdisciplinary Team shall prepare an IHP to aid in the transition in
				accordance with
				30:6D-10 through 12.
2. The referring region of community services
				shall continue to be responsible to identify a community placement unless the
				individual's IHP provides a substantiated basis for requiring an alternative
				residential arrangement at the time of release.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 42B - MODERATE SECURITY UNIT › Subchapter 7 - COMMITMENT TO FUNCTIONAL SERVICES › Section 10:42B-7.1 - Commitment to the care and custody of the Commissioner of Human Services

Current through Register Vol. 56, No. 14, July 15, 2024
Nothing shall be construed to limit the authority of the
				  court to commit an individual to the care and custody of the Commissioner of
				  Human Services in accordance with the provisions of
				  30:4-25.1 for admission to
				  functional services in an environment that is less restrictive than that of the
				  MSU.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 43 - GUARDIANSHIP: NEED, APPOINTMENT, CONTINUITY › Subchapter 1 - GENERAL PROVISIONS › Section 10:43-1.1 - Philosophy

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In addressing
				the issue of an individual's potential need for a guardian, the Division shall
				acknowledge and take into account the following considerations:
1. An adult individual with developmental
				disabilities may or may not require appointment of a guardian to act on his or
				her behalf. A conclusion that a guardian is required shall be founded upon a
				sound clinical basis and shall be regularly reviewed, in accordance with
				10:43-8.1;
2. Guardianship is the removal of a person's
				fundamental right of self-determination and, therefore, shall be a solution of
				last resort. The staff of the Division of Developmental Disabilities shall make
				efforts to seek solutions that are the least restrictive and intrusive to a
				person's liberty and that preserve to the maximum extent possible the
				individual's autonomy while providing the needed protections. Restricting a
				person's decision-making authority shall be limited to only those areas in
				which the person has demonstrated a lack of capacity as determined by a
				clinical assessment;
3. The ability
				to make decisions depends upon the complexity of the decisions to be made and
				the potential consequences of those decisions. All decisions are not complex,
				nor are all decisions simple. Most of the daily decisions that people make do
				not require a high degree of abstract thinking. They are about making everyday
				choices that relate to their immediate needs;
4. Decision-making is a continuum of
				reasoning ability from a simple preference to a choice between alternatives
				(often defined by others) to weighing pros and cons, risks and benefits and
				anticipating possible consequences. A person moves back and forth along this
				continuum relative to the demands of the decision to be made;
5. Restricting a person's right to make
				decisions also may restrict the opportunities to develop decision-making
				skills. The ability to choose is expressed in many ways. It is a skill that is
				difficult to acquire without practice and difficult to express without
				opportunity. In order for an individual to learn to make decisions, he or she
				needs real opportunities to make decisions with real consequences. Taking away
				a person's right to make decisions further limits that person's opportunity to
				acquire decision-making skills;
6.
				Decisions may be expressed by verbal or non-verbal language, written
				communication or behavioral action; and
7. Guardianship is not appropriate for those
				individuals who are deemed capable of making and expressing all of their own
				decisions. Limited guardianship is appropriate for those individuals who are
				deemed capable of making and expressing some, but not all, decisions. General
				guardianship is appropriate only for those individuals who are deemed incapable
				of making or expressing any decisions.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 43 - GUARDIANSHIP: NEED, APPOINTMENT, CONTINUITY › Subchapter 1 - GENERAL PROVISIONS › Section 10:43-1.2 - Authority

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to
				30:4-165.1, the Commissioner of
				the Department of Human Services shall provide comprehensive services, in order
				that eligible persons with developmental disabilities may be provided with
				adequate training, care and protection.
(b) Pursuant to
				30:4-165.5, the Commissioner of
				the Department of Human Services shall evaluate each minor admitted to Division
				services provided by the Division of Developmental Disabilities as he or she
				approaches adulthood to assess the potential need for a guardian on attainment
				of his or her age of majority.
(c)
				The Commissioner is also required pursuant to
				30:4-165.5, to ascertain whether
				individuals, who are already 18 years old at the time of their admission into
				services, are in need of a guardian.
(d) Pursuant to
				30:4-165.7, the Commissioner or
				any parent, spouse, relative, or interested party, on behalf of a person
				assessed to be in need of a guardian who is receiving Division services and is
				over 18 years of age, may file a complaint with the Superior Court for a
				judgment appointing a guardian.
(e)
				Pursuant to
				30:4-165.1 2, the Commissioner can
				only serve as guardian of the person. The Commissioner shall file a complaint
				for guardianship of the person only and not for guardianship of property on
				behalf of an individual receiving Division services.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 43 - GUARDIANSHIP: NEED, APPOINTMENT, CONTINUITY › Subchapter 1 - GENERAL PROVISIONS › Section 10:43-1.4 - Scope; applicability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The provisions
				of this chapter shall apply to persons who have been admitted to Division
				services for 30 or more continuous days or who have been determined eligible
				for such services.
(b) The Division
				shall evaluate the need for and initiate action for the appointment of a
				guardian of the person only.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 43 - GUARDIANSHIP: NEED, APPOINTMENT, CONTINUITY › Subchapter 2 - INITIAL SCREENING › Section 10:43-2.1 - Initial screening for guardianship need

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon completion
				of the intake process and a determination of eligibility for Division services,
				the Intake Team shall conduct an initial screening to ascertain whether or not
				it appears that the individual age 17 or older will need a guardian.
1. If the Intake Team concludes that the
				individual appears to need a guardian, the service component shall forward a
				referral form with identified proposed guardian or co-guardians to the Chief of
				BGS.
2. If it appears that the
				individual will not need a guardian, the Intake Team shall note it in the
				individual's record. If the service component concludes at a later date that
				the individual appears to need a guardian, the service component shall forward
				a referral with identified proposed guardian or co-guardians to the Chief of
				BGS.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 43 - GUARDIANSHIP: NEED, APPOINTMENT, CONTINUITY › Subchapter 3 - PETITION FOR GUARDIANSHIP › Section 10:43-3.1 - BGS initiates petition

Current through Register Vol. 56, No. 14, July 15, 2024
As resources are available, BGS shall prepare a petition for
				  guardianship based on the material forwarded by the Service Component.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 43 - GUARDIANSHIP: NEED, APPOINTMENT, CONTINUITY › Subchapter 3 - PETITION FOR GUARDIANSHIP › Section 10:43-3.2 - Closely related persons

Current through Register Vol. 56, No. 14, July 15, 2024
Proposed guardians are identified pursuant to
				  3B:12-25. On the order of
				  preference, they are the individual's spouse or domestic partner; other heirs;
				  friends; or if none of them are available or able to accept letters of
				  guardianship, or will be to the best interest of the individual; the Chief of
				  the Bureau of Guardianship Services, will propose any other proper person that
				  will accept letters of guardianship. Consideration may be given to surrogate
				  decision makers, if any, chosen by the incapacitated person before the person
				  became incapacitated pursuant to
				  3B:12-25.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 43 - GUARDIANSHIP: NEED, APPOINTMENT, CONTINUITY › Subchapter 3 - PETITION FOR GUARDIANSHIP › Section 10:43-3.3 - Clinical assessment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A clinical
				assessment shall be conducted by a clinician to assess the individual's
				decision-making abilities and to make a recommendation regarding the need for a
				guardian.
(b) The clinical
				assessment process shall begin with the presumption that the individual has
				capacity to make all decisions.
(c)
				The clinical assessment shall include the following components:
1. Clinical interview. The clinician shall
				conduct a clinical interview to attempt to elicit information about the
				person's life experiences, his or her interpretation of those experiences and
				what he or she wants for himself or herself in the future, as well as his or
				her understanding of guardianship. The clinician shall assess both the
				information and the opportunities that have been afforded to that individual,
				including decisions the person has made in the past and decisions the
				individual is currently making. Other factors that may impact upon
				decision-making include, but are not limited to: severe emotional disturbance,
				chronic mental disorder, lack of opportunity to make or express decisions. The
				need for guardianship may be affected by the extent to which these factors
				interfere with the individual's capacity for self-direction.
i. The clinician shall determine the
				individual's communication style, including, but not limited to, primary
				language, verbal/non-verbal ability, assistive devices and alternative modes of
				communication;
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 43 - GUARDIANSHIP: NEED, APPOINTMENT, CONTINUITY › Subchapter 3 - PETITION FOR GUARDIANSHIP › Section 10:43-3.4 - Guardianship Assessment Report

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The clinician
				will prepare a Guardianship Assessment Report to document the findings of the
				clinical assessment and recommendations.
(b) The Guardianship Assessment Report shall
				include the following:
1. A background
				summary obtained from the record review and personal interviews with family
				and/or caregivers and the clinical interview;
2. A physical description of the person,
				including height and weight, per New Jersey Court Rules R. 4:86-2(b);
3. A balanced picture of the person's
				strengths and weaknesses including, but not limited to, self-care, food,
				clothing, leisure activities and social and interpersonal
				relationships;
4. A description of
				other medical disabilities and their impact upon decision-making;
5. Evidence/examples of decision-making
				capacity for each identified area, where possible;
6. Clear and convincing evidence, by way of
				examples, to support any recommendation of general, limited or continued
				guardianship;
7. Identification of
				those areas of decision-making for which the individual lacks capacity and
				needs the appointment of a guardian;
8. The communication style including, but not
				limited to, primary language, verbal/nonverbal ability, assistive devices and
				alternative modes of communication;
9. A recommendation as to whether the
				individual does not need a guardian, or whether the individual needs a
				restoration to capacity, or a limited guardian of the person or a general
				guardian of the person; and
10. A
				time frame for review, if required, by case circumstances.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 43 - GUARDIANSHIP: NEED, APPOINTMENT, CONTINUITY › Subchapter 4 - APPOINTMENT OF GUARDIAN › Section 10:43-4.1 - General or limited guardian

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Once BGS has
				gathered information about potential guardians and obtained the Guardianship
				Assessment Report, BGS shall secure certifications attesting to the need for
				appointment of a guardian signed by the administrative head of the service
				component unit and the clinician who assessed the individual. BGS shall also
				prepare appropriate certifications pertinent to the proposed
				guardian.
(b) Upon receipt of the
				completed certifications pursuant to (a) above, the Chief, Bureau of
				Guardianship Services, shall review material for completeness, in accordance
				with 30:4-165.5, sign a verified
				complaint and refer the matter to the Division of Law for the purpose of
				bringing a guardianship action to court pursuant to R. 4:86-10 of the Rules
				governing the Courts of the State of New Jersey.
(c) Once a guardianship judgment is signed by
				the court, the Office of the Attorney General will forward it to the appointed
				guardian(s) and the Bureau of Guardianship Services.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 43 - GUARDIANSHIP: NEED, APPOINTMENT, CONTINUITY › Subchapter 4 - APPOINTMENT OF GUARDIAN › Section 10:43-4.2 - Temporary guardian

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon the filing
				of a verified complaint in the court to declare a person incapacitated, the
				verified complaint may also request the appointment of a temporary guardian
				pursuant to
				3B:12-24.1(c).
(b) If the service component identifies a
				need for a temporary guardian, the administrative head of the service component
				or his or her designee shall notify the Chief of BGS.
(c) If the Chief of BGS agrees that there is
				a critical need for a guardian in order to protect the health, safety and
				well-being of the individual, due to the risk of substantial harm or jeopardy
				of the physical or mental health, safety and well being of the individual, the
				Chief shall request that the court appoint a temporary guardian pending the
				completion of a capacity hearing.
(d) The appointment of a temporary guardian
				is not an adjudication of incapacity and limits only the legal rights of the
				individual that are specified in the court order appointing the temporary
				guardian.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 43 - GUARDIANSHIP: NEED, APPOINTMENT, CONTINUITY › Subchapter 5 - INDIVIDUALS RECEIVING GUARDIANSHIP SERVICES WITHOUT COURT APPOINTMENT › Section 10:43-5.1 - Procedures for individuals receiving guardianship services without court appointment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Persons who
				have been receiving guardianship services from the Division without prior
				judicial review shall be clinically assessed regarding the continuing need for
				a guardian, pursuant to the provision of
				30:4-165.6. The Bureau of
				Guardianship Services shall coordinate the scheduling of the
				assessments.
(b) At the request of
				the individual receiving services from the Division of Developmental
				Disabilities or at the request of a person acting on his or her behalf, the
				Division shall reassess the individual to ascertain whether the individual is
				still in need of a guardian or requires limited, not general guardianship. This
				reassessment shall take place within six months.
(c) The same guidelines and criteria shall be
				applied as are delineated under N.J.A.C. 10:43-3.
1. If a conclusion is reached that the
				individual needs a guardian, the matter shall proceed in accordance with
				N.J.A.C. 10:43-4.
2. If a
				conclusion is reached that the individual does not need a guardian, the
				administrative head of the service component shall sign a statement to that
				effect, which will be filed in the individual client record. The service
				component shall send a copy of the statement to the assigned regional office of
				BGS. BGS shall terminate guardianship services and notify the individual and
				the providers of service that he or she is no longer receiving guardianship
				services.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 43 - GUARDIANSHIP: NEED, APPOINTMENT, CONTINUITY › Subchapter 6 - APPLICATION BY A PARTY OTHER THAN THE DIVISION FOR APPOINTMENT OF A GUARDIAN › Section 10:43-6.1 - Procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) As provided in
				30:4-165.7, if a family member or
				other interested party is requesting a certification from the DDD service
				component, the DDD administrative head must receive the report and
				certification from the physician or licensed psychologist, which shall be part
				of the guardianship complaint.
1. If the
				administrative head of the service component or service component staff has
				personal knowledge of the facts supporting the belief that the alleged
				incapacitated person suffers from a significant chronic functional impairment
				to such a degree that the person either lacks the cognitive capacity to make
				decisions for him or herself or to communicate, in any way, decisions to others
				pursuant to
				30:4-165.8, the administrative
				head of the service component shall provide, upon request, within 15 working
				days, a certification attesting to the individual's need for a guardian. The
				certification may also contain information indicating whether or not the
				service component unit supports appointment of the proposed guardian;
				and
2. The affidavit or
				certification of a physician or licensed psychologist shall be arranged by the
				party filing the guardianship complaint.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 43 - GUARDIANSHIP: NEED, APPOINTMENT, CONTINUITY › Subchapter 7 - UNSUITABILITY OF PROSPECTIVE GUARDIAN › Section 10:43-7.1 - Procedure for questioning prospective guardian suitability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the service
				component or the Bureau of Guardianship Services, as applicable, is informed
				that a family member or other interested party wishes to be appointed guardian,
				and the staff of the service component unit reaches the conclusion that the
				prospective guardian will not be to the best interest of the individual:
1. Staff of the service component shall
				notify the Chief, Bureau of Guardianship Services, as soon as practicable;
				and
2. The administrative head of
				the service component shall provide documentation to the Bureau of Guardianship
				Services of the reason of unsuitability, including the address and relationship
				of the person deemed unsuitable. BGS shall include this information in the
				guardianship application.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 43 - GUARDIANSHIP: NEED, APPOINTMENT, CONTINUITY › Subchapter 8 - REVIEW OF GUARDIANSHIP STATUS › Section 10:43-8.1 - Procedure

Current through Register Vol. 56, No. 14, July 15, 2024
As a part of the annual Service Plan process for each adult
				  with a guardian or receiving guardianship services, the service component shall
				  review the continuing appropriateness of the individual's status with respect
				  to guardianship. Any action on a recommendation for a change shall be supported
				  by a clinical assessment.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 43 - GUARDIANSHIP: NEED, APPOINTMENT, CONTINUITY › Subchapter 8 - REVIEW OF GUARDIANSHIP STATUS › Section 10:43-8.2 - Individual receiving guardianship services without court appointment; staff review of guardianship

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If it is
				determined by the IDT that the individual continues to require guardianship,
				the finding shall be noted in the individual's record.
(b) If a determination is reached by the IDT
				that the individual appears to be no longer in need of guardianship, a referral
				shall be made to the clinician for an assessment as set forth at
				10:43-2.1(b)2.
(c) If there is disagreement on the issue by
				the IDT, the matter shall be referred to the head of the service component or
				the Chief of BGS, as appropriate.
(d) If BGS is the guardian of an individual,
				a family member is identified and has interest in being named guardian, BGS
				will review if that family member is appropriate pursuant to
				30:4-165.1 3.
(e) If the individual expresses his or her
				disagreement with having a guardian, the Division will make a referral to a
				clinician for a guardianship assessment. If the assessment concludes that the
				individual does not need a guardian, the administrative head of the service
				component shall sign a statement to that effect, which will be filed in the
				individual's client record. The service component shall send a copy of the
				statement to the assigned regional office of BGS. BGS shall terminate
				guardianship services and notify the individual and the providers of service
				that the individual is no longer receiving guardianship services.