reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 44A - STANDARDS FOR COMMUNITY RESIDENCES FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Subchapter 6 - FIRE SAFETY AND PHYSICAL ENVIRONMENT › Section 10:44A-6.14 - Bathrooms

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every residence shall be provided with
				one flush-type toilet and sink for every four persons and one bathtub or shower
				for every six persons living in the home.
(b) Every toilet, sink, bathtub, or shower
				shall be accessible without passing through any other sleeping unit and shall
				be available within one floor above or below the individual's room, unless it
				is a master bedroom type suite where the bathroom is used solely by that
				bedroom's occupants.
(c) Toilet
				paper, soap and toweling shall be available at each toilet and lavatory for
				access by each individual living in a home.
(d) Bathroom doors shall be equipped with
				standard hardware, which provides a privacy lock, which can be readily opened
				from the outside in an emergency, and with only appropriate staff having access
				to the key, as needed. Hooks and eyes, bolts, bars, and other similar devices
				shall not be used on bathroom doors.
(e) Bathrooms shall be clean and
				ventilated.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 44A - STANDARDS FOR COMMUNITY RESIDENCES FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Subchapter 6 - FIRE SAFETY AND PHYSICAL ENVIRONMENT › Section 10:44A-6.15 - Kitchens

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Kitchens shall be clean and
				ventilated.
(b) Containers of food
				shall be covered and appropriately stored above the floor on shelves or other
				clean surfaces and kept separate from cleaning supplies.
(c) Disposable dinnerware shall not be used
				on a regular basis.
(d)
				Refrigeration and storage of food shall be provided at no more than 40 degrees
				Fahrenheit (four degrees Celsius). Freezer compartments shall operate at no
				more than zero degrees Fahrenheit (-18 degrees Celsius).
(e) Kitchen appliances shall, at a minimum,
				include a refrigerator, freezer (or refrigerator with a freezer compartment),
				an oven, and a cooktop, maintained in good condition.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 44A - STANDARDS FOR COMMUNITY RESIDENCES FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Subchapter 6 - FIRE SAFETY AND PHYSICAL ENVIRONMENT › Section 10:44A-6.16 - Basement use

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Basements may be used for storage and
				laundry, provided they are dry and have adequate lighting.
(b) Basements may be used as activity rooms
				if they are dry, warm, and have adequate lighting.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 44A - STANDARDS FOR COMMUNITY RESIDENCES FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Subchapter 6 - FIRE SAFETY AND PHYSICAL ENVIRONMENT › Section 10:44A-6.17 - Maintenance requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When
				maintenance is the responsibility of another party, the licensee shall document
				that the other party has been informed of the need to correct all deficiencies
				relating to maintenance.
(b)
				Accumulation of garbage or waste shall be prevented.
1. All garbage collected for disposal shall
				be stored in water-tight containers with tight-fitting covers.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 44B - MANUAL OF STANDARDS FOR COMMUNITY CARE RESIDENCES › Subchapter 1 - GENERAL PROVISIONS › Section 10:44B-1.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
The purpose of this chapter is to provide minimum standards
				  that protect the health, safety, welfare and rights of individuals with
				  developmental disabilities and persons with traumatic brain injuries residing
				  in community care residences. If all persons living in a community care
				  residence, except the licensee and members of the licensee's family, are
				  persons with a developmental disability or are persons who have sustained a
				  traumatic brain injury, and if all such persons do not require personal
				  guidance, as determined by the interdisciplinary team (IDT), licensure is
				  available on a voluntary basis to New Jersey residents in accordance with the
				  expressed preferences of the persons' with a developmental disability and/or
				  traumatic brain injury or their legal guardian.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 44B - MANUAL OF STANDARDS FOR COMMUNITY CARE RESIDENCES › Subchapter 1 - GENERAL PROVISIONS › Section 10:44B-1.2 - Severability

Current through Register Vol. 56, No. 14, July 15, 2024
If any provision of this chapter or the application thereof
				  to any person or circumstances is held invalid, the invalidity shall not affect
				  other provisions or applications of this chapter which can be given effect and
				  to this end the provisions of this chapter are severable.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 44B - MANUAL OF STANDARDS FOR COMMUNITY CARE RESIDENCES › Subchapter 1 - GENERAL PROVISIONS › Section 10:44B-1.4 - Application for community care licensure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All
				initial inquiries for a license to operate a community care residence shall be
				made to the placing agency.
(b)
				Only persons who have a domicile in the State of New Jersey are eligible to
				apply for licensure as a community care residence. The residence proposed for
				licensure shall be the applicant's primary domicile.
(c) All applicants shall complete an initial
				application, which shall include the applicant's original signature and date.
1. The applicant shall provide a current
				official photo identification, such as a valid driver's license, employment
				identification, motor vehicle identification card, passport, or any other form
				of official documentation.
2. If
				the applicant is not a citizen of the United States, he or she shall provide an
				alien registration card or United States Citizenship and Immigration Service
				documentation as evidence of legal residency and approval to work in the United
				States.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 44B - MANUAL OF STANDARDS FOR COMMUNITY CARE RESIDENCES › Subchapter 1 - GENERAL PROVISIONS › Section 10:44B-1.5 - Licenses and inspection

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon receipt
				of, and approval by, the Office of Licensing of the application package, which
				demonstrates compliance with
				N.J.A.C.
				10:44B-1.4(c) through (l),
				an initial inspection shall be arranged by the Office of Licensing.
1. The applicant or licensee shall be
				interviewed by the Office of Licensing during the inspection to ascertain his
				or her understanding of the duties of a licensed provider.
2. The physical conditions of the home shall
				be subject to inspection and full access to all areas of the home and property
				shall be granted by the applicant or licensee to the licensing
				representative.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 44B - MANUAL OF STANDARDS FOR COMMUNITY CARE RESIDENCES › Subchapter 1 - GENERAL PROVISIONS › Section 10:44B-1.6 - Options on non-compliance with standard

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				Department may revoke a license whenever the licensee shall be found to be
				violating any State or Federal law pertaining to community care residences, or
				whenever such residence shall fail to comply with the minimum standards
				established by the Department. The Department may suspend the license, pending
				the outcome of an inspection, investigation, or inquiry by the Department, when
				an allegation is received that may affect the health, safety, and/or welfare of
				an individual(s).
(b) If any
				inspection, investigation, or inquiry by the Department reveals substantial
				non-compliance or willful non-compliance with the rules contained in this
				chapter, or if any non-compliance represents a threat to the health, safety, or
				rights of the individuals or boarders, licensure may be denied or revoked,
				following 30-day notice to the provider of such intent. Any subsequent
				application may be denied.
(c) In
				cases of non-compliance where licensure denial or revocation may be deemed by
				the Department to be too harsh an action, intermediate sanctions may be invoked
				following 30-day notice to the licensee of such intent. These include removal
				of individuals from the residence, imposition of a suspension of admissions to
				the home, reduction of capacity, or licensure term of the residence.
(d) Falsification of any information
				contained in the application or provided during any inspection, investigation,
				or inquiry shall be sufficient grounds for licensure denial, suspension,
				revocation, or non-renewal.
(e)
				Failure of an applicant or licensee to cooperate and/or provide necessary
				information in connection with an inspection, investigation, or inquiry by
				representatives of the Department shall be considered sufficient grounds for
				licensure denial, suspension, revocation, or non-renewal.
(f) Any licensee whose license has been
				suspended, revoked, or non-renewed, or who has had any intermediate sanctions
				invoked against him or her, has the right to appeal such negative licensing
				action pursuant to N.J.A.C. 10:48. Before taking negative licensing action, the
				Department shall give notice to a licensee personally or by mail to the last
				known address of the licensee, with return receipt requested. The notice shall
				afford the licensee the opportunity to be heard and to contest the Department's
				action. The hearing shall be conducted in accordance with the Administrative
				Procedure Act,
				N.J.S.A.
				52:14B-1 et seq. and 52:14F-1 et seq., and
				the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 44B - MANUAL OF STANDARDS FOR COMMUNITY CARE RESIDENCES › Subchapter 2 - MANAGEMENT OF THE RESIDENCE › Section 10:44B-2.1 - Licensee requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The licensee
				shall have overall responsibility for the individuals and boarders in the
				residence.
1. Except as otherwise provided in
				the Rehabilitated Offenders Act,
				N.J.S.A.
				2A:168A-1 et seq., no license will be issued
				to any person in whose home or community care residence there is found to be
				any occupant who has been convicted of any offenses listed at
				N.J.A.C.
				10:44B-1.4(h)1  through
				2.
2. The licensee shall read,
				write, speak, and understand English in a manner sufficient to provide care,
				support, and supervision to individuals, and to comply with the licensing
				requirements.
3. The licensee,
				members of the licensee's family, and occupants participating in individual
				care shall be of sound physical and emotional health.
i. Annually, the licensee shall have his or
				her physician or nurse practitioner complete, sign, and date the placing
				agency's required medical form, attesting that the licensee is capable of
				performing his or her duties and is able to provide care to the individuals
				placed in the residence. The form shall also identify any physical, emotional,
				or mental limitations of the licensee. The Department, at its discretion, may
				require additional physical and/or psychological examinations of the licensee
				to be provided by the licensee should any evidence of physical, emotional, or
				mental limitations of the licensee occur between annual attestations.
ii. The Department may require the licensee
				to demonstrate the ability to provide any physical assistance that may be
				required by an individual who is placed in the licensee's
				residence.
4. The
				licensee shall provide a copy of the physician's statement and a completed
				medical form to the Department within 10 business days of receipt. If the
				licensee fails to provide the physician's statement and medical form, the
				Commissioner shall have the authority to take one or more of the following
				actions:
i. Stop any payments to the
				licensee;
ii. Seek recovery of any
				payments to the licensee from the date that the statement and form were due;
				and
iii. Not resume payment until
				such time as the licensee submits the statement and form.
5. If the licensee is unable to demonstrate
				that he or she is physically and mentally capable of performing the job duties
				of a licensee as required by (a)3i above, the Office of Licensing shall take
				negative licensing action against the licensee.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 44B - MANUAL OF STANDARDS FOR COMMUNITY CARE RESIDENCES › Subchapter 2 - MANAGEMENT OF THE RESIDENCE › Section 10:44B-2.2 - Placements and departures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) There shall be
				no more than five persons in the residence requiring care and assistance,
				including, but not limited to, family members, children (biological, adopted,
				or foster), individuals, and boarders.
(b) No more than three individuals shall be
				placed in any one residence.
(c)
				The licensee shall assure that they do not accept any placement or allow any
				occupant into the home whose presence may negatively impact the health, safety,
				welfare, or rights of the individuals receiving services.
(d) For all boarders there shall be a written
				agreement signed by the assigned administrator of community care residences in
				the Division and the director of the placing agency serving the boarder, a copy
				of which shall be maintained at the residence.
(e) The licensee shall accept only
				individuals for whom he or she can provide adequate care.
1. If an individual's physical, emotional,
				mental, or spiritual needs cannot be met, he or she shall not be maintained in
				the residence after consultation between the licensee and the placing agency
				representative.
2. Individuals
				requiring nursing care shall not be maintained in the residence unless the
				following requirements are met:
i. All
				licensees shall have a valid LPN or RN license; and
ii. All alternates shall have a valid LPN or
				RN license.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 44B - MANUAL OF STANDARDS FOR COMMUNITY CARE RESIDENCES › Subchapter 2 - MANAGEMENT OF THE RESIDENCE › Section 10:44B-2.3 - Alternates

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The licensee shall identify an alternate,
				or alternates, 18 years of age or older to assume the licensee's
				responsibilities when the licensee is absent.
1. Prior to utilizing an alternate, the
				licensee shall provide the name, address, last four digits of the Social
				Security number, and telephone number of all alternates to the placing agency.
i. Whenever the licensee adds or removes an
				alternate, the placing agency shall be notified immediately.
ii. Only persons identified to, and approved
				by, the Office of Licensing and placing agency shall act as an alternate or
				alternates.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 44B - MANUAL OF STANDARDS FOR COMMUNITY CARE RESIDENCES › Subchapter 2 - MANAGEMENT OF THE RESIDENCE › Section 10:44B-2.4 - Reporting requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any alleged or
				suspected mistreatment of individuals or boarders shall be reported by the
				licensee immediately upon discovery to the Division and any other responsible
				placing agency representatives.
1. After
				normal business hours, the regional office of the Division shall be contacted
				at the appropriate hotline number.
2. In the case of minors, allegations of
				abuse or neglect shall be reported to the Department of Children and Families
				at 1-877-NJABUSE, as well as to the Division.
3. Suspected abuse or neglect of a person 18
				years of age or older who resides in the residence shall be reported to Adult
				Protective Services at the hotline number and to the Division or placing
				agency.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 44B - MANUAL OF STANDARDS FOR COMMUNITY CARE RESIDENCES › Subchapter 2A - RECORDS › Section 10:44B-2A.1 - Licensee records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The licensee shall keep on file at the
				residence, in a location separate from the individual's records, the following
				administrative records:
1. The current
				contract/placement agreement from each placing agency, which shall include the
				name of the licensee(s), the terms of the agreement, and the rate of
				payment;
2. A record of all
				admissions, including names and dates of arrival and departure, for the
				previous 12-month period;
3. A
				current copy of this chapter;
4. A
				record of monthly fire evacuation drills and smoke alarm and carbon monoxide
				detector checks, as specified at
				N.J.A.C.
				10:44B-6.3(d);
5. The current license;
6. A copy of the licensee's annual medical
				form, in accordance with
				10:44B-2.1(a)3 
				i;
7. A copy of the alternate's
				annual medical form, in accordance with
				N.J.A.C.
				10:44B-2.3(e)2;
				and
8. A record of all trainings
				successfully completed by the licensee.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 44B - MANUAL OF STANDARDS FOR COMMUNITY CARE RESIDENCES › Subchapter 2A - RECORDS › Section 10:44B-2A.2 - Individual records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each individual's records shall be
				maintained in the licensee's residence in a separate, organized binder clearly
				marked with his or her name. The licensee may not store any other information
				other than that of the individual in this binder.
1. Maintenance of the individual's records in
				any place other than the licensee's residence, either permanently or
				temporarily, is prohibited.
2.
				Errors in documentation shall be amended by the use of a single strike through;
				no text-obliterating means, such as white out, shall be
				permitted.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 44B - MANUAL OF STANDARDS FOR COMMUNITY CARE RESIDENCES › Subchapter 3 - CARE OF THE INDIVIDUAL › Section 10:44B-3.1 - Individual rights

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Individuals' civil, human, and legal
				rights shall not be abridged solely on the basis of their diagnosis or without
				due process.
1. The exercise of individuals'
				rights shall not be prohibited or be used as a cause for retribution against
				the individual.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 44B - MANUAL OF STANDARDS FOR COMMUNITY CARE RESIDENCES › Subchapter 3 - CARE OF THE INDIVIDUAL › Section 10:44B-3.2 - Personal funds

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The individual's personal funds shall be
				used solely for the individual.
(b)
				The licensee shall not commingle any individual's personal funds with those of
				the licensee or any other person or entity, and only the individual's name
				shall be on any bank account.
(c)
				There shall be no loans of finances, resources, or property from an individual
				to the licensee, licensee's family member, or any other individual or
				person.
(d) Unless otherwise
				determined by the IDT, an individual's personal funds in excess of $ 200.00
				shall be maintained in a separate bank account in the individual's name,
				accessible only by the individual and the licensee.
(e) When the individual has been determined
				by the IDT to be able to manage a specific amount of personal funds, and the
				amount is documented in the service plan, the licensee shall disburse such
				amounts to the individual accordingly. The licensee shall obtain the
				individual's signature for such personal funds disbursed to the
				individual.
(f) For all personal
				funds that the individual is not capable of managing on his or her own, the
				licensee shall maintain an accurate record of all transactions of the
				individual's personal funds on the placing agency's approved form. The record
				shall include:
1. All personal funds
				transactions, whether received, expended, or disbursed, including, but not
				limited to: wages; personal needs allowance (PNA); personal trust funds (PTF);
				private trust funds; monetary gifts; reimbursements and tax rebates, payments
				of bills, and purchases; and personal funds disbursed to the
				individual;
2. The full date,
				amount, and a specific description of each transaction; and
3. Receipts related to all disbursements and
				expenditures. Receipts shall be either computer or register generated, or if
				not so provided by the vendor, legibly handwritten, containing the name,
				signature, location, and/or telephone number of the vendor or selling
				party.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 44B - MANUAL OF STANDARDS FOR COMMUNITY CARE RESIDENCES › Subchapter 3 - CARE OF THE INDIVIDUAL › Section 10:44B-3.3 - Personal health, hygiene, and grooming

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Individuals shall be encouraged to exercise maximum independence in health,
				hygiene, and grooming practices.
(b) Within the residence, the licensee shall
				ensure that each individual has the opportunity for personal care, with
				assistance, if necessary, to include:
1. A
				daily bath or shower;
2. Oral
				hygiene twice daily;
3. Opportunity
				to shave, as desired;
4. Care of
				fingernails and toenails;
5.
				Cutting, styling, or grooming of hair, as necessary; and
6. Toileting.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 44B - MANUAL OF STANDARDS FOR COMMUNITY CARE RESIDENCES › Subchapter 3 - CARE OF THE INDIVIDUAL › Section 10:44B-3.4 - Food

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The licensee shall ensure that an
				individual is provided with three nutritionally balanced meals, varied in
				nature, and a sufficient amount of liquids for hydration, daily, either in the
				residence or in the community.
(b)
				There shall not be more than a 14-hour span between the evening meal and
				breakfast.
(c) Food, snacks, and
				liquids shall be readily accessible to individuals as desired, unless
				limitations have been deemed necessary by the individual's physician.
(d) Food shall be fresh, stored in a manner
				to keep it clean and safe for consumption. Food shall be discarded upon
				spoilage or upon the expiration date of the package.
(e) Individuals shall dine with the
				licensee's family on a regular basis, unless the individual expresses a desire
				to dine elsewhere, as approved by the IDT and the individual's guardian, and
				recorded in the service plan.
1. There shall
				be sufficient seating and room at the dining table to accommodate all occupants
				of the household so that they may dine together.
2. There shall be sufficient supply of eating
				utensils, plates, cups, etc., for all occupants of the household.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 44B - MANUAL OF STANDARDS FOR COMMUNITY CARE RESIDENCES › Subchapter 3 - CARE OF THE INDIVIDUAL › Section 10:44B-3.5 - Clothing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each individual shall have an adequate
				supply of clean and well-fitting clothing appropriate to age, gender identity,
				individual needs and preferences, season, and weather conditions.
1. Each individual shall have adequate,
				clean, well-fitting and attractive clothing appropriate to age, gender,
				individual needs, community standards, and season.
2. The licensee shall assist the individual
				in maintaining a neat appearance, in dressing appropriately for the season and
				weather conditions, and in using the individual's personal money to make
				clothing purchases.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 44B - MANUAL OF STANDARDS FOR COMMUNITY CARE RESIDENCES › Subchapter 4 - HABILITATION › Section 10:44B-4.1 - Service plan

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A service plan shall be developed for
				each individual by the interdisciplinary team in accordance with N.J.S.A.
				30:6D-10, 11, and 12 and shall be kept on file in the residence. Documentation
				of who participated in the plan shall be provided on the service plan. (These
				requirements do not apply to Respite Care Programs).
(b) The service plan shall include a clear
				statement regarding the individual's ability to remain unsupervised, the amount
				of money the individual can independently manage, and the individual's ability
				to self-medicate.
(c) Training
				received by an individual in the residence shall be consistent with the
				outcomes identified in the service plan. Changes to the service plan shall be
				approved by the IDT and documented in the service plan.
(d) Except in an emergency, a written plan
				shall be developed by the IDT at least 30 days prior to an individual's move
				into a new home.
(e) The service
				plan shall be reviewed and modified by the IDT not longer than 30 days
				subsequent to a move, discharge, and or transfer and shall include all
				necessary information.
(f) An
				agency or organization that causes a written, individualized service plan to be
				developed for an individual with a developmental disability residing in a
				community care residence shall not include the Social Security number of the
				individual with a developmental disability on the plan.
(g) An agency or organization that violates
				the provisions of (f) above shall be subject to a penalty of $ 250.00 for the
				first offense and $ 500.00 for each subsequent offense. The penalty shall be
				sued for and collected in a summary proceeding by the Commissioner pursuant to
				the Penalty Enforcement Law of 1999,
				P.L.
				1999, c.
				274(N.J.S.A. 2A:58-10 et
				seq.).
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 44B - MANUAL OF STANDARDS FOR COMMUNITY CARE RESIDENCES › Subchapter 4 - HABILITATION › Section 10:44B-4.2 - Day activities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each individual shall be afforded an
				opportunity to participate in an organized program of education, habilitation,
				rehabilitation, or competitive integrated employment in the community.
1. If an individual is age 60 years or older
				and attends a day activity or program, or employment, they may elect to retire;
				however, the licensee shall assist the individual to participate in
				age-appropriate activities outside the residence, as
				requested.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 44B - MANUAL OF STANDARDS FOR COMMUNITY CARE RESIDENCES › Subchapter 5 - HEALTH SERVICES › Section 10:44B-5.1 - General medical and health care

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each individual
				shall have a personal, primary physician, nurse practitioner, or medical
				group.
(b) Each individual shall
				have an annual medical examination. Documentation of this examination shall be
				completed, signed, and dated by the physician or nurse practitioner on the
				placing agency approved medical form and maintained on file in the individual's
				record.
(c) Each individual shall
				have a baseline Mantoux Skin Test or IGRA blood test result, documentation of
				which shall be maintained on file in the individual's record.
1. For any individual with a baseline
				positive or newly positive test result for M. tuberculosis (TB) infection, or
				documentation of treatment for latent TB infection or TB disease, the licensee
				shall obtain documentation of a medical evaluation and follow-up testing, as
				determined by the physician, to rule out pulmonary TB disease.
2. Upon any known or suspected exposure to a
				confirmed case of TB by an individual, the licensee shall consult with the
				physician and maintain documentation that all requirements for follow-up
				testing were met.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 44B - MANUAL OF STANDARDS FOR COMMUNITY CARE RESIDENCES › Subchapter 5 - HEALTH SERVICES › Section 10:44B-5.2 - Medication

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When an individual cannot administer his
				or her own medication due to intellectual or behavioral disabilities, as
				determined by the IDT and recorded in the service plan, the licensee or his or
				her alternate, who has successfully completed medication training, shall give
				it to the individual to take exactly as prescribed, and assure that the
				medication is taken.
1. The licensee, and
				when necessary, the trained alternate, shall maintain a medication
				administration record of all medications taken where assistance is required.
				The licensee, and when necessary, the alternate, shall complete the medication
				administration record as he or she was trained to do by the placing agency. The
				medication record shall include:
i. The
				signature of any persons administering medication followed by his or her
				initials;
ii. The brand name and,
				if applicable, generic name of the medication;
iii. The dosage;
iv. The date and time of
				administration;
v. A record of each
				dosage at the time it is administered, identified by the initials of the person
				administering the medication;
vi.
				Documentation of the proper code for instances when a medication is not
				administered; and
vii. A list of
				all known allergies.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 44B - MANUAL OF STANDARDS FOR COMMUNITY CARE RESIDENCES › Subchapter 6 - PHYSICAL PLANT AND SAFETY › Section 10:44B-6.1 - General home requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The licensee
				shall take such measures to protect all persons in the residence from hazards
				to health, safety, and welfare that can be attributed to the location or
				environment of the residence.
(b)
				All one- or two-family dwellings shall be subject to the requirements of the
				New Jersey Uniform Construction Code Group R-3 or R-5.
(c) All modifications, renovations, or
				upgrades requiring heating, plumbing, or electrical modifications shall be
				completed by licensed contractors and the required permits and inspections
				obtained as required by local ordinances or the UCC, as applicable.
(d) Whenever the licensee moves, he or she
				shall obtain a copy of the Certificate of Occupancy as required by local
				ordinances or the UCC, as applicable.
(e) In single-family residences that have
				been subdivided into more than two apartments, if the licensee is the owner,
				the building shall comply with the Uniform Construction Code Group Category R-2
				(Multi-family dwelling).
(f) Every
				residence shall be provided with heating facilities that are installed,
				maintained, and operated in good and safe working condition and which are
				capable of maintaining all habitable rooms at a temperature of 65 degrees
				Fahrenheit.
1. Heat sources exceeding 110
				degrees Fahrenheit in any part of the home that are accessible to individuals
				shall be equipped with protective covers to prevent individuals from coming
				into direct contact with the heat source.
2. The licensee shall take steps to assure
				the health and safety of individuals served if the temperature in the home
				exceeds 82 degrees Fahrenheit for more than four hours.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 44B - MANUAL OF STANDARDS FOR COMMUNITY CARE RESIDENCES › Subchapter 6 - PHYSICAL PLANT AND SAFETY › Section 10:44B-6.2 - General exterior residence requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Outside
				walkways shall be kept clean of ice, snow, leaves, debris, and clutter. There
				shall be no uneven walkways or holes on the property.
(b) Lighting that is maintained in safe
				working condition shall be provided at the front and rear exits of the
				home.
(c) House numbers shall be
				visible from the street.
(d)
				Fencing, roofs, gutters, and downspouts shall be maintained in good
				condition.
(e) Swimming pools shall
				meet the requirements of all local ordinances.
1. Swimming pools shall be equipped with a
				ring buoy with a rope, extension pole, or other device to rescue a swimmer in
				distress.
2. Swimming pools shall
				be equipped with a cover, which shall be maintained in good condition when the
				pool is not in use.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 44B - MANUAL OF STANDARDS FOR COMMUNITY CARE RESIDENCES › Subchapter 6 - PHYSICAL PLANT AND SAFETY › Section 10:44B-6.3 - Fire safety

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Independent battery or hardwired electric
				smoke alarms shall be securely mounted on the ceiling, at least four inches
				from the wall or according to manufacturers' instructions. Smoke alarms shall
				be installed on the ceiling on each floor, including the basement ceiling, and
				located in the following areas:
1. One unit
				on the hallway ceiling of any floor with sleeping areas;
2. One unit in the main living area of the
				residence;
3. One unit in the
				basement;
4. One unit in attic
				areas that contain storage; and
5.
				Additional units in areas designated as high hazard or without adequate
				coverage.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 44B - MANUAL OF STANDARDS FOR COMMUNITY CARE RESIDENCES › Subchapter 6 - PHYSICAL PLANT AND SAFETY › Section 10:44B-6.4 - Individual bedrooms

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Individuals shall occupy only those
				bedrooms that have been inspected and approved by the Office of
				Licensing.
(b) Individuals that use
				wheelchairs and do not ambulate shall not have bedrooms above or below the
				first floor of any residence.
(c)
				The licensee's bedroom shall be located within one floor of an individual's
				bedroom.
(d) Licensed bedrooms
				shall be limited to floors on or above grade level, however, under certain
				conditions, below grade level occupancy may be permitted if more than half the
				height of the room is above grade level, and it is provided with two or more
				independent means of egress, at least one of which leads directly outside; and
				there are no other conditions that hinder the health, safety, or welfare of the
				individual.
(e) Third floor bedroom
				occupancy by individuals shall be prohibited.
(f) Every licensed bedroom shall be provided
				with at least one fully accessible, unblocked, and operable window opening
				directly outdoors.
1. First floor windows
				shall have an operable window space of five square feet.
2. Second floor windows shall have an
				operable window space of 5.7 square feet.
3. Plastic or any other form of covering on a
				licensed bedroom window shall be prohibited.
4. Window treatments, such as curtains,
				blinds, window shades, etc., shall be installed on the windows to afford
				privacy and maintained in good condition.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 44B - MANUAL OF STANDARDS FOR COMMUNITY CARE RESIDENCES › Subchapter 6 - PHYSICAL PLANT AND SAFETY › Section 10:44B-6.5 - Transportation and vehicle safety

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The vehicles
				that the licensee uses to transport individuals shall comply with all
				applicable safety and licensing rules established by the New Jersey Motor
				Vehicle Commission, including, but not limited to, the following:
1. Valid vehicle liability
				insurance;
2. Current inspection
				sticker; and
3. Current
				registration.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 44C - STANDARDS FOR COMMUNITY RESIDENCES FOR PERSONS WITH HEAD INJURIES › Subchapter 1 - GENERAL PROVISIONS › Section 10:44C-1.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of this chapter is to
				establish specific requirements for the provision of residential services to
				persons with head injuries who reside in group homes and supervised
				apartments.
(b) Group homes and
				supervised apartments designed specifically to meet the needs of individuals
				with developmental disabilities are licensed pursuant to N.J.A.C.
				10:44A.
(c) Community care
				residences and owner-occupied living arrangements that are also community
				residences for individuals with developmental disabilities, are licensed
				pursuant to N.J.A.C. 10:44B.
(d) If
				none of the persons with head injuries at a particular place of residence
				requires personal guidance, as determined by the transdisciplinary team,
				licensing shall be available on a strictly voluntary basis, in recognition of a
				person's right to choose independent living.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 44C - STANDARDS FOR COMMUNITY RESIDENCES FOR PERSONS WITH HEAD INJURIES › Subchapter 1 - GENERAL PROVISIONS › Section 10:44C-1.2 - Severability

Current through Register Vol. 56, No. 14, July 15, 2024
If any provision of this chapter or the application thereof
				  to any person or circumstances is held invalid, the invalidity shall not affect
				  other provisions or applications of this chapter which can be given effect and
				  to this end the provisions of this chapter are severable.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 44C - STANDARDS FOR COMMUNITY RESIDENCES FOR PERSONS WITH HEAD INJURIES › Subchapter 1 - GENERAL PROVISIONS › Section 10:44C-1.4 - Application for a license

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Information may
				be obtained from the Department as follows:
1. An application for a license may be
				obtained from:
Department of Human Services
Office of Licensing
PO Box 707
Trenton, NJ 08625-0707
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 44C - STANDARDS FOR COMMUNITY RESIDENCES FOR PERSONS WITH HEAD INJURIES › Subchapter 1 - GENERAL PROVISIONS › Section 10:44C-1.5 - Requirements for initial licensure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon approval
				of the program description, and upon approval of the licensee's policy and
				procedure manual, the Office of Licensing shall conduct an on-site initial
				inspection of the residence to determine that it will adequately provide for
				the health, safety, and welfare of the persons served.
(b) Prior to the issuance of an initial
				license, the following, at a minimum, shall be available:
1. Documentation which demonstrates
				compliance with all certificate of occupancy (CO), certificate of continued
				occupancy, temporary certificate of occupancy, or certificate of habitability
				requirements.
i. If the local enforcing
				authority does not have a process for issuing such a certificate, documentation
				of such shall be obtained.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 44C - STANDARDS FOR COMMUNITY RESIDENCES FOR PERSONS WITH HEAD INJURIES › Subchapter 1 - GENERAL PROVISIONS › Section 10:44C-1.6 - Renewal of a license

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Full licenses
				shall remain in effect, unless otherwise specified by the Office of Licensing
				by the issuance of a provisional license, a non-renewal of license, suspension
				of license, or revocation of license. The renewal of a license shall be based
				upon the results of a re-inspection of the residence.
1. As applicable, the Office of Licensing
				shall provide an authorization to operate upon the request of the licensee,
				under exigent circumstances.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 44C - STANDARDS FOR COMMUNITY RESIDENCES FOR PERSONS WITH HEAD INJURIES › Subchapter 1 - GENERAL PROVISIONS › Section 10:44C-1.7 - Plan of correction

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The licensee shall submit a plan of
				correction regarding deficiencies cited in the inspection report within 30 days
				or, in accordance with a shorter time frame as established by the Office of
				Licensing.
1. A shorter time frame shall be
				established by the Office of Licensing in those instances where prompt
				remediation of a deficiency is required in order to protect the health, safety,
				welfare, and rights of persons served.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 44C - STANDARDS FOR COMMUNITY RESIDENCES FOR PERSONS WITH HEAD INJURIES › Subchapter 1 - GENERAL PROVISIONS › Section 10:44C-1.8 - Negative licensing action

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Office of
				Licensing may suspend admissions to a residence, reduce the capacity of a
				residence, deny a license, issue a provisional license, suspend a license,
				refuse to renew a license, or revoke a license for substantial or willful
				noncompliance.
(b) If the Office of
				Licensing denies, revokes, or refuses to renew a license, the licensee shall be
				prohibited from re-applying for a license for one year from the date of license
				revocation or nonrenewal. After the one-year period has elapsed, the licensee
				may submit to the Office of Licensing a new application for a license.
1. When a negative licensing action is based
				upon falsification, willful noncompliance, criminal activity by the applicant,
				licensee or executive leadership, or when persons have suffered physical injury
				or emotional harm or distress due to the applicant's, licensee's, or executive
				leadership's actions or failure to act, the Department may refuse to reinstate
				any license and/or accept any subsequent application.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 44C - STANDARDS FOR COMMUNITY RESIDENCES FOR PERSONS WITH HEAD INJURIES › Subchapter 1 - GENERAL PROVISIONS › Section 10:44C-1.9 - Administrative hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon imposition
				of a negative licensing action, the licensee shall have the opportunity to
				request an administrative hearing pursuant to
				N.J.A.C.
				10:48-1.
(b) In the event of the imposition of a
				non-renewal, suspension or revocation, if the Department determines that
				persons served are not at risk and that no imminent danger(s) exist(s), the
				Department may permit a residence, operated by a licensee who has requested an
				administrative hearing as specified in (a) above, to continue to operate until
				a final decision is rendered as a result of the hearing.
(c) If it is determined that the occupants of
				a residence are at risk, the Department shall take necessary action to assure
				that the risk is eliminated, including, but not limited to:
1. Removing the persons served from the
				residence;
2. Placing staff
				approved by the Department at the residence to ensure the safety of the persons
				served; or
3. The appointment of an
				independent monitor by the Department, paid for by the
				licensee.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 44C - STANDARDS FOR COMMUNITY RESIDENCES FOR PERSONS WITH HEAD INJURIES › Subchapter 1 - GENERAL PROVISIONS › Section 10:44C-1.10 - Waiver or variance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A waiver or variance may be granted by
				the Office of Licensing provided that such a waiver or variance would present
				no danger to the health, safety, welfare, or rights of the persons served.
1. The licensee shall request the waiver with
				substantial detail justifying the request.
2. Issuance of a waiver or variance shall be
				limited to the following circumstances:
i.
				Where enforcement of the standard would result in unreasonable hardship on the
				residence; or
ii. Where the waiver
				or variance is in accordance with the particular needs of the persons with head
				injuries.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 44C - STANDARDS FOR COMMUNITY RESIDENCES FOR PERSONS WITH HEAD INJURIES › Subchapter 1 - GENERAL PROVISIONS › Section 10:44C-1.11 - Complaints

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall have the authority
				to investigate any complaint received regarding a licensee.
1. The licensee and all of its employees
				shall cooperate with the Department in any investigation.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 44C - STANDARDS FOR COMMUNITY RESIDENCES FOR PERSONS WITH HEAD INJURIES › Subchapter 1 - GENERAL PROVISIONS › Section 10:44C-1.12 - Voluntary closure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensee operating a community
				residence for persons with head injuries governed by this chapter shall give at
				least 60 days written notice to the Office of Licensing of any planned closure.
1. Such notice shall indicate that a plan is
				in place for transfer or discharge that complies with the provisions of
				N.J.A.C.
				10:44C-4.4.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 44C - STANDARDS FOR COMMUNITY RESIDENCES FOR PERSONS WITH HEAD INJURIES › Subchapter 1 - GENERAL PROVISIONS › Section 10:44C-1.13 - Office of Licensing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Office of Licensing shall enforce
				this chapter upon the authority delegated by the Commissioner of the Department
				of Human Services.
1. Pursuant to
				30:1-12(c), the
				Commissioner shall have the authority to issue subpoenas to compel testimony
				and the production of documents.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 44C - STANDARDS FOR COMMUNITY RESIDENCES FOR PERSONS WITH HEAD INJURIES › Subchapter 1 - GENERAL PROVISIONS › Section 10:44C-1.14 - Illegal operations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In cooperation with the Department of
				Community Affairs and the Department of Health, the Office of Licensing shall
				investigate any community-based residence alleged to be operating without a
				license as required by
				N.J.S.A.
				30:11B-1 et seq., 55:13B-1 et seq., the
				Health Care Facilities Planning Act, 26:2H-1 et seq., or any other law
				pertaining to the licensing of community-based residential programs, as
				subsequently adopted into State law.
(b) The specific responsibilities of all
				parties to investigate complaints of an illegal operation shall be agreed upon
				among the authorities empowered to license community-based residences, based on
				the information pertaining to each case.
(c) Subsequent to inspection, joint or
				independent actions shall be taken as deemed necessary to suppress illegal
				operations.
1. Actions shall be taken to
				prevent an applicant from obtaining a license from any State licensing agency
				when the sole purpose for obtaining that license is to avoid sanctions
				previously initiated by a State licensing agency exercising legal
				jurisdiction.
2. One or more of the
				following actions shall be taken when it is determined that imminent danger is
				present:
i. Persons served shall be removed
				from the residence.
ii. Staff
				approved by the Department shall be placed at the residence to ensure the
				safety of the persons served; and/or
iii. The cause of the imminent danger shall
				be removed.