New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 41A - HUMAN RIGHTS COMMITTEES › Subchapter 1 - GENERAL PROVISIONS › Section 10:41A-1.3 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The words and terms used in this chapter shall have the
				  following meanings, unless the context clearly indicates otherwise:
"Administrator" means the Chief Executive Officer (CEO) of a
				  developmental center, the Community Services Administrator, or the Executive
				  Director or CEO of a provider agency under contract with, or regulated by, the
				  Division.
"Affiliated" means a member of the HRC who is an individual
				  served by the Division, family member, guardian, employee of the facility, or a
				  person who has a contractual relationship with the Division.
"Behavioral Support Committee (BSC)" means a group of
				  individuals who have clinical expertise and experience in evaluating strategies
				  and approaches to behavior change. The charge of the BSC is to make judgments
				  and recommendations regarding the safety, effectiveness, duration and need for
				  proposed behavior interventions that are restrictive or intrusive in nature.
				  The BSC review provides for the level of due process subsequent to that
				  provided by the individual's interdisciplinary team.
"Chief Executive Officer (CEO)" means the person having
				  administrative authority over, and responsibility for, a provider agency under
				  contract with the Division, a State-operated developmental center, or a private
				  residential facility licensed under N.J.A.C. 10:47.
"Client record" means the organized compilation of documents
				  that relate to the provision of services to an individual.
"Committee meeting minutes" or "minutes" means a tangible
				  record of the HRC meeting. Minutes shall include, but are not limited to: the
				  date and time of meeting, who called it to order, who attended, all motions
				  made, any conflicts of interest or abstentions from voting, when the meeting
				  ended, and who drafted the minutes. Minutes shall include a brief summary of
				  each matter addressed, the discussions conducted, a short statement of each
				  recommendation made by the Committee, and a brief explanation of the rationale
				  for the recommendation.
"Community services administrator" means a person or his or
				  her designee having administrative authority and responsibility over a
				  community services unit.
"Consensus" means a general agreement acceptable to all HRC
				  members present.
"Division" means the Division of Developmental
				  Disabilities.
"Executive Director" means the person having administrative
				  authority over a private agency that operates community-based program(s)
				  regulated by, or under contract with the Division.
"Human Rights Committee (HRC)" means a group comprised of
				  affiliated and nonaffiliated professionals, individuals served, advocates
				  and/or interested persons from the community at large who function as an
				  advisory body to the CEO, Executive Director, or Community Services
				  Administrator, on issues directly or indirectly affecting the rights of
				  individuals served. At least two members are impartial outsiders, in that they
				  would not have an interest represented by any other of the required members or
				  the facility itself.
"Interdisciplinary Team" means a group that consists of the
				  individual receiving services, the plan coordinator, the legal guardian, the
				  DDD case manager, the parents or family member (if the adult desires that the
				  parent or family member be present), advocates and friends, those persons who
				  work directly with the individual served, and professionals and representatives
				  of service areas who are relevant to the identification of the individual's
				  needs and the design and evaluation of programs to meet them. The individual
				  may identify additional persons who shall be invited to attend and
				  participate.
"Non-affiliated member" means a member of a committee who is
				  not employed by the service component, facility, or agency. This includes
				  members of the New Jersey Council on Developmental Disabilities or former
				  residents and staff of the facility.
"Provider agency" means an agency or business that is under
				  contract with the Division.
"Regional Administrator" means the person having
				  administrative authority and responsibility over a region of Community
				  Services.
"Restriction" means to place a limitation on an individual or
				  group of individuals that prevents the carrying out of actions or activities
				  and denies individuals their civil rights.
"Under contract" means a provider under a written agreement
				  with the Division or a provider approved by the Division to provide disability
				  services to individuals who are eligible to receive services from the
				  Division.