reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 110 - CHILD SUPPORT PROGRAM › Subchapter 20 - CASE CLOSURE › Section 10:110-20.1 - Case closure criteria and the retention of case records

Current through Register Vol. 56, No. 14, July 15, 2024
All Federal requirements and timeframes set forth in
				  45 C.F.R.
				  303.11 for closure of IV-D cases shall be
				  followed.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 110 - CHILD SUPPORT PROGRAM › Subchapter 20 - CASE CLOSURE › Section 10:110-20.2 - Retention of case records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each entity
				providing IV-D services shall retain all material normally kept in the IV-D
				case record, for the time periods indicated in (b) below in accordance with 45
				C.F.R. 74. At the expiration of such time period the respective entity may, at
				its option, destroy records in accordance with the retention period indicated
				in (b) below.
(b) Retention periods
				are as follows:
1. All case records shall be
				retained for a period of three and one-third years after agency action, court
				action, and/or all arrears have been satisfied, and:
i. The non-custodial parent has died during
				the effective period that a court order for support existed;
ii. The custodial parent terminates his or
				her assistance grant and no court order for child support existed at any
				time;
iii. The custodial parent
				terminates his or her assistance grant and all amounts owed to the county
				agency have been satisfied;
iv.
				Cases in which legitimate and repeated efforts over time to locate putative
				fathers or obligors are unsuccessful because of inadequate identifying or
				location information; or
v. When in
				intergovernmental cases in which the IV-D Agency, as the responding
				jurisdiction, lacks jurisdiction to work a case, and the initiating
				jurisdiction has not responded to a request for additional information or case
				closure.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 110 - CHILD SUPPORT PROGRAM › Subchapter 20 - CASE CLOSURE › Section 10:110-20.4 - Reopening a closed case

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A closed
				WFNJ/TANF case shall be reopened if new information is received that may make
				establishment of paternity and/or an order for support, including medical
				support, or enforcement of an order possible.
(b) On nonpublic assistance cases, upon
				request of the custodial parent to reopen a closed case, the custodial parent
				shall be required to complete a new application and pay the application fee on
				cases that have been closed for longer than 30 days.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 121A - RESERVED › Subchapter 2 - CERTIFICATION PROCEDURES (RECODIFIED) › Section 10:121A-2.3 - Denying, suspending, revoking, or refusing to renew a certificate of approval (Recodified)

Current through Register Vol. 56, No. 14, July 15, 2024
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 123 - SOCIAL SERVICES PROGRAMS FOR INDIVIDUALS AND FAMILIES › Subchapter 1 - SOCIAL SERVICES BLOCK GRANT PROVISIONS › Section 10:123-1.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter contains the rules of the Department of
				  Human Services regarding the social services programs for individuals and
				  families, which are supported by Federal Social Services Block Grant
				  funds.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 123 - SOCIAL SERVICES PROGRAMS FOR INDIVIDUALS AND FAMILIES › Subchapter 1 - SOCIAL SERVICES BLOCK GRANT PROVISIONS › Section 10:123-1.2 - Pre-Expenditure Report availability

Current through Register Vol. 56, No. 14, July 15, 2024
The Federal Omnibus Reconciliation Act of 1981, P.L. 97-35,
				  which amended Title XX of the Social Security Act to establish a Social
				  Services Block Grant (SSBG), requires the State to submit a Pre-Expenditure
				  Report, which outlines how the State plans to expend funds allocated to it for
				  the program to furnish social services to individuals and families in
				  accordance with the provisions of the annual Pre-Expenditure Report, and with
				  Title XX of the Social Security Act. The Division of Family Development's
				  social services programs that are supported by Federal SSBG revenues are
				  included in the Department of Human Services' annual Pre-Expenditure Report,
				  which is available from the Department, PO Box 700, Trenton, New Jersey
				  08625.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 123 - SOCIAL SERVICES PROGRAMS FOR INDIVIDUALS AND FAMILIES › Subchapter 1 - SOCIAL SERVICES BLOCK GRANT PROVISIONS › Section 10:123-1.3 - Agreement with Federal requirements

Current through Register Vol. 56, No. 14, July 15, 2024
The Department of Human Services, Division of Family
				  Development, hereby agrees to administer the Social Services Block Grant
				  Program to furnish social services to individuals and families in accordance
				  with the provisions of the annual Pre-Expenditure Report, and with Title XX of
				  the Social Security Act and all applicable Federal regulations.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 123 - SOCIAL SERVICES PROGRAMS FOR INDIVIDUALS AND FAMILIES › Subchapter 2 - BOARDING HOMES › Section 10:123-2.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of
				this subchapter is to delineate the responsibility of the Division of Family
				Development and the county welfare agencies in accordance with P.L. 1979, c.
				496, the Rooming and Boarding House Act of 1979.
(b) The purpose of the law is to:
1. Provide for the health, safety and welfare
				of all those who reside in rooming houses, boarding houses, and residential
				health care facilities in this State;
2. Ensure that all agencies of this State
				work in unison for the protection and care of the residents of rooming houses,
				boarding houses and residential health care facilities;
3. Ensure that needed social and remedial
				services are made available to the residents of such facilities through the
				efforts of county welfare agencies; and
4. Promote the growth and continued
				improvement of residential health care facilities.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 123 - SOCIAL SERVICES PROGRAMS FOR INDIVIDUALS AND FAMILIES › Subchapter 2 - BOARDING HOMES › Section 10:123-2.2 - Authority

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All provisions
				of this subchapter, unless otherwise expressly noted, were adopted pursuant to
				authority of Section 3 of P.L. 1973, c. 256 (44:7-87 ) and Title 30 of the
				Revised Statutes as amended and supplemented by the Rooming and Boarding House
				Act of 1979 ( P.L. 1979, c. 496).
(b) The Commissioner of the Department of
				Human Services hereby authorizes and directs the Division of Family Development
				to act on behalf of the Department with all the authority thereof, as the
				official designated lead agency in taking the necessary and appropriate action
				in accord with the provisions of Section 3 of P.L. 1973, c. 256 (44:7-87 ) and Title 30 of the
				Revised Statutes as amended and supplemented by the Rooming and Boarding House
				Act of 1979 ( P.L. 1979, c. 496, effective September 1, 1980), Sections 34, 35
				and 36, except for Subsection (d)4. Section 35(d)4 pertains to the provision of
				mental health and developmentally disabled services.
(c) The Division of Family Development is
				thus specifically authorized and directed to assist and supervise the county
				welfare agencies in their provision of services to eligible residents of
				rooming houses, boarding houses and residential health care
				facilities.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 123 - SOCIAL SERVICES PROGRAMS FOR INDIVIDUALS AND FAMILIES › Subchapter 2 - BOARDING HOMES › Section 10:123-2.4 - Division of Family Development responsibility and supervision

Current through Register Vol. 56, No. 14, July 15, 2024
(a) It shall be the
				responsibility of the Division of Family Development, in supervising the county
				welfare agency, to:
1. Maintain a Statewide
				Central Registry of all reports received concerning abuse, exploitation, unsafe
				conditions, unsanitary conditions and violations of P.L. 1979, c. 496 (the
				Rooming and Boarding House Act of 1979) in rooming houses, boarding houses and
				residential health care facilities;
2. Provide statistical data for all involved
				State and local agencies regarding reports made to the Statewide Central
				Registry;
3. Maintain a record of:
i. The State and local agencies to which
				reports have been referred by county welfare agencies for remedial
				action;
ii. Follow up on all such
				reports to determine whether appropriate remedial action has been
				taken.
4. Develop
				appropriate standards, policy, and procedures for services to eligible
				residents;
5. Periodically monitor
				and evaluate services provided to eligible residents by county welfare
				agencies;
6. Maintain a 24-hour
				seven day-per-week, toll-free hotline, which will be listed publically and
				posted in all board and care facilities, for the receipt of all reports of
				violations of the law and abuse and exploitation in rooming houses, boarding
				houses and residential health care facilities.
i. Reports received through the hotline will
				be referred to the county welfare agency for investigation, coordination and/or
				follow-up.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 123 - SOCIAL SERVICES PROGRAMS FOR INDIVIDUALS AND FAMILIES › Subchapter 2 - BOARDING HOMES › Section 10:123-2.5 - County welfare agency responsibility

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Under the
				supervision of the Division of Family Development, county welfare agencies
				shall provide services to eligible residents of rooming houses, boarding houses
				and residential health care facilities, which shall include, but not be limited
				to, the following:
1. Outreach. The county
				welfare agency shall visit boarding houses and residential health care
				facilities at a minimum of two visits per year. Rooming houses shall be visited
				at a minimum of once per year. This does not prohibit county welfare agencies
				from more frequent visits to these facilities, if they are deemed necessary.
				These visits shall be for the purpose of:
i.
				Providing information and referral to residents regarding services they may
				need and be eligible for; and
ii.
				Determining whether residents are receiving needed services and appropriate
				levels of care;
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 123 - SOCIAL SERVICES PROGRAMS FOR INDIVIDUALS AND FAMILIES › Subchapter 2 - BOARDING HOMES › Section 10:123-2.6 - Full and free access

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In order to
				fulfill their responsibilities under P.L. 1979, c. 496 (the Rooming and
				Boarding House Act of 1979), the county welfare agencies and the Division of
				Family Development shall be entitled to receive full and free access to rooming
				houses, boarding houses and residential health care facilities from the owners
				and operators of such facilities. The county welfare agencies shall receive
				cooperation and assistance from State and local law enforcement officials as
				needed.
(b) Where such access
				cannot be obtained by the county welfare agency on a voluntary basis or in
				cooperation with other government agencies as deemed appropriate, the county
				welfare agency shall obtain access pursuant to legal process. In accord with
				existing law, regulations and applicable court rules, the county welfare agency
				shall seek administrative/civil search warrants as necessary to be executed in
				conjunction with appropriate law enforcement officials such that lawful access
				can be obtained.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 123 - SOCIAL SERVICES PROGRAMS FOR INDIVIDUALS AND FAMILIES › Subchapter 2 - BOARDING HOMES › Section 10:123-2.7 - Confidentiality

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The county
				welfare agencies and the Division of Family Development shall maintain
				confidentiality with respect to the Central Registry and all matters in
				relation to any report or investigation and evaluation. The identities of the
				complainants, witnesses, residents and other involved parties and all
				evaluations, findings, recommended actions and all the information received and
				compiled, shall not be a public record and shall not be disclosed or released.
				This confidentiality provision is in accordance with P.L. 1979, c. 496 (the
				Rooming and Boarding House Act of 1979),
				30:4-24.3, Department of Human
				Services Administrative Order 2:01,
				45
				CFR 205.50 and other applicable State and
				Federal laws and regulations. Exceptions to prohibited disclosure are limited
				to situations where:
1. The individual
				identified or his or her legal guardian has consented to the release of
				information in writing;
2. The
				disclosure or release is necessary to enable the county welfare agency or the
				Division of Family Development to perform its duties, coordinate investigations
				and to support any opinions or recommendations that may result from a report of
				investigation; or
3. A court, upon
				its determination, directs that disclosure is necessary for the conduct of
				proceedings before it and that failure to make such disclosure would be
				contrary to the public interest.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 123 - SOCIAL SERVICES PROGRAMS FOR INDIVIDUALS AND FAMILIES › Subchapter 2 - BOARDING HOMES › Section 10:123-2.8 - General reporting

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In accord with
				the provisions of P.L. 1979, c. 496 (the Rooming and Boarding House Act of
				1979):
1. Any person including any
				government, public or private agency who has reasonable cause to suspect that a
				resident of a rooming house, boarding house or residential health care facility
				is suffering or has suffered abuse or exploitation shall report such
				information in a timely manner to the appropriate county welfare agency or the
				toll-free hotline of the Division of Family Development. Reports may be made by
				calling the county welfare agency, the toll-free hotline, in person or by mail.
				Such reports shall contain the name and address of the resident, information
				regarding the nature of the suspected abuse or exploitation and any other
				information that might be helpful in an investigation of the case and the
				protection of the resident.
2. Any
				governmental agency shall report unsafe and unsanitary conditions in rooming
				houses, boarding houses and residential health care facilities and any
				suspected violations of the provisions of P.L. 1979, c. 496 (the Rooming and
				Boarding House Act of 1979) directly to the county welfare agency.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 123 - SOCIAL SERVICES PROGRAMS FOR INDIVIDUALS AND FAMILIES › Subchapter 2 - BOARDING HOMES › Section 10:123-2.9 - Immunity

Current through Register Vol. 56, No. 14, July 15, 2024
Any person, including any complainant or employee of the
				  county welfare agency or the Division of Family Development, who acts in accord
				  with the provisions of P.L. 1979, c. 496 (the Rooming and Boarding House Act of
				  1979) and any rules promulgated pursuant thereto, acting in good faith without
				  malicious purpose, shall have immunity from any civil or criminal liability on
				  account of such action.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 123 - SOCIAL SERVICES PROGRAMS FOR INDIVIDUALS AND FAMILIES › Subchapter 3 - PERSONAL NEEDS ALLOWANCE › Section 10:123-3.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
The purpose of this subchapter is to ensure that each
				  eligible resident of a boarding house or residential health care facility has
				  reserved to him or her a monthly amount as a personal needs allowance.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 123 - SOCIAL SERVICES PROGRAMS FOR INDIVIDUALS AND FAMILIES › Subchapter 3 - PERSONAL NEEDS ALLOWANCE › Section 10:123-3.2 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter applies to all eligible residents, as
				  defined in this subchapter, of all boarding houses and residential health care
				  facilities in the State of New Jersey as such are defined in this
				  subchapter.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 123 - SOCIAL SERVICES PROGRAMS FOR INDIVIDUALS AND FAMILIES › Subchapter 3 - PERSONAL NEEDS ALLOWANCE › Section 10:123-3.4 - Amount

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The owner or operator of each residential
				health care facility or boarding home shall reserve to each Supplemental
				Security Income (SSI) recipient residing therein, and the owner or operator of
				each residential health care facility shall reserve to each Work First New
				Jersey/General Assistance recipient residing therein, a personal needs
				allowance in the amount of at least $ 126.00 per month, set according to (b)
				below, and noticed in the New Jersey Register and otherwise publicized, in
				accordance with (c) below. No owner or operator, or agency thereof, shall
				interfere with the recipient's retention, use, or control of the personal needs
				allowance.
(b) The personal needs
				allowance shall be adjusted annually based on the following calculations: the
				Federal portion of the current total SSI rate multiplied by the Federal Cost of
				Living Adjustment (COLA) to be applied to the succeeding year equals the actual
				dollar increase (rounded to the nearest dollar); the actual dollar increase
				divided by the current total SSI rate equals the adjusted COLA for the
				succeeding year; the adjusted COLA multiplied by the current annualized base
				PNA equals the monthly PNA increase for the succeeding year. For the purposes
				of this rule, the COLA means the cost of living adjustment published annually
				in the Federal Register, in accordance with
				42 U.S.C.
				415 i and 1382f.
(c) The personal needs allowance for each
				calendar year shall be noticed in the New Jersey Register on or about January 1
				of that year, and shall be considered the current personal needs allowance for
				that calendar year. Additional notice shall be provided in at least three
				newspapers of general circulation in the State of New Jersey before January 1
				of that year, and by other means reasonably calculated to inform those persons
				most likely to be affected by or interested in the personal needs allowance
				increase for that calendar year.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 123 - SOCIAL SERVICES PROGRAMS FOR INDIVIDUALS AND FAMILIES › Subchapter 4 - FINANCIAL ELIGIBILITY › Section 10:123-4.1 - Financial eligibility: income schedule

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Financial
				eligibility for services provided by the county welfare agencies and funded
				through the Social Services Block Grant program of the Social Security Act
				shall be determined using the following income schedule:
INCOME SCHEDULE
Family
Maximum
						  Allowable
Gross Income
Size
Per
						  Month
Per Year
1
$ 1,264
$ 15,162
2
1,652
19,827
3
2,041
24,493
4
2,430
29,158
5
2,819
33,823
6
3,207
38,489
7
3,280
39,362
8
3,353
40,238
9
3,426
41,112
10
3,499
41,987
11
3,572
42,862
12
3,645
43,737
For each family member over 12, add $ 73.00 to the maximum
				  allowable gross income per month.
(b) Persons whose gross monthly or annual
				family income does not exceed the maximums established in (a) above shall be
				eligible for services provided by the county welfare agency and funded by the
				Social Services Block Grant program, subject to the availability of funds,
				service priorities and need for service criteria.
(c) Persons who wish to appeal a
				determination of ineligibility for services based upon the income guidelines in
				(a) above shall proceed in accordance with N.J.A.C. 1:10.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 139 - DIVISION OF DISABILITY SERVICES ORGANIZATIONAL RULES › Subchapter 1 - MISSION AND METHOD OF OPERATIONS › Section 10:139-1.1 - Division of Disability Services' mission

Current through Register Vol. 56, No. 14, July 15, 2024
The Division of Disability Services (DDS) provides a single
				  point of entry for people seeking disability related information in New Jersey.
				  DDS works to streamline access to services and information that promote and
				  enhance independent living for individuals with disabilities by facilitating
				  coordination and cooperation among local, county, and State government
				  agencies. DDS promotes maximum independence, equity, inclusion, and works to
				  ensure the full participation of people with disabilities within all aspects of
				  community life including health, education, employment, recreation, and social
				  engagement.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 139 - DIVISION OF DISABILITY SERVICES ORGANIZATIONAL RULES › Subchapter 1 - MISSION AND METHOD OF OPERATIONS › Section 10:139-1.2 - Division method of operations

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				The Division of Disability Services operates as an integral part of the
				Department of Human Services.
(b)
				Division operations are administered by an Executive Director, who is appointed
				by the Commissioner, Department of Human Services. The Executive Director
				reports to a Deputy Commissioner, Department of Human Services.
(c) Under the direction of the Executive
				Director of the Division of Disability Services, the specific functions and
				goals of the Division include, but are not limited to:
1. Operating a comprehensive information and
				referral system for persons of all ages with disabilities;
2. Coordinating State government agencies
				offering services to individuals with disabilities;
3. Creating a link to, and collaborating
				with, all State and county disability programs;
4. Acting as the Statewide hub on disability
				related issues and information;
5.
				Serving as staff to the mandated Advisory Council on Traumatic Brain Injury and
				the Statewide Consumer Advisory Council on Personal Assistance
				Services;
6. Administering the New
				Jersey Personal Assistance Services Program, pursuant to N.J.A.C.
				10:140;
7. Administering the
				Traumatic Brain Injury Fund pursuant to
				N.J.S.A.
				30:6F-5;
8. Providing support and promoting enrollment
				for NJ WorkAbility;
9. Serving as
				the Department lead in Access and Functional Needs (AFN) Planning;
10. Initiating assessments for the
				determination of Managed Long-Term Services and Supports (MLTSS) eligibility
				for children and young adults, 20 years and younger, who are not otherwise
				eligible for NJ FamilyCare;
11.
				Administering various other special projects and initiatives, as grant money
				and budget allows, designed to support individuals with disabilities in the
				community;
12. Publishing
				guides/informational brochures including, but not limited to, New Jersey
				Resources and the New Jersey Guide to Accessible Parking;
13. Attending disability related events
				throughout the State to disseminate information to, and create rapport with,
				the public;
14. Overseeing and
				administering Disability Health & Wellness (DH&W) Initiatives to
				conduct research, administer grants, develop and implement interventions that
				promote healthy living for people with disabilities, and address preventable
				chronic diseases; and
15. Promoting
				enrollment in the New Jersey Achieving a Better Life Experience (NJ ABLE)
				Program.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 139 - DIVISION OF DISABILITY SERVICES ORGANIZATIONAL RULES › Subchapter 2 - PUBLIC INFORMATION › Section 10:139-2.1 - Public information, submissions, or requests

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Members of the public may access
				information regarding the Division on its website at
http://www.nj.gov/humanservices/dds/home/index.shtml
.
				In addition, the Division regularly distributes updates electronically about
				its operations to its stakeholders. Information about how to request to be
				added to the distribution list is available on the website.
(b) The Division's website also contains
				information about how members of the public may contact the Division by
				telephone at 1-888-285-3036 or through regular mail at Division of Disability
				Services, PO Box 705, Trenton, NJ 08625-0705.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 140 - PERSONAL ASSISTANCE SERVICES PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 10:140-1.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to the provisions of
30:4G-13
et seq., the
				Department of Human Services provides support to individuals with permanent
				physical disabilities in meeting their daily needs for personal care and
				assistance with activities of daily living in order to live independently
				within their community. The Personal Assistance Services Program, administered
				by county designated agencies in each of New Jersey's 21 counties and within
				the limits of funds appropriated or otherwise made available to it, shall
				assist self-directed adults with permanent physical disabilities to:
1. Be employed in a paid occupation (as
				defined in the definition of "employment" under
10:140-1.4
);
2. Receive training or education related to
				employment; or
3. Actively
				participate in community-based independent living (that is,
				volunteering).
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 140 - PERSONAL ASSISTANCE SERVICES PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 10:140-1.2 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
The rules of this chapter apply to all activities and
				  persons participating in the Personal Assistance Services Program, including,
				  but not limited to, the designated State contracting agency, applicants,
				  consumers, their employees, county agencies administering the program and
				  vendors providing services.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 140 - PERSONAL ASSISTANCE SERVICES PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 10:140-1.3 - Personal Assistance Consumer Bill of Rights

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each consumer,
				and, as appropriate, each applicant:
1. Shall
				be treated with courtesy, respect, and full recognition of one's dignity,
				individuality, and right to control one's own household and lifestyle,
				including the identification and determination of one's own needs, schedules
				and the services necessary to meet these needs;
2. Shall be served by personal assistants
				and/or vendors who are properly trained and competent to perform their
				duties;
3. Shall receive services
				in compliance with all State laws and regulations without discrimination based
				on race, religion, gender, age, creed or disability in the provision or quality
				of services;
4. Shall be free from
				mental and physical abuse, neglect and exploitation, and shall be free from
				chemical and physical restraints;
5. Shall be accorded privacy while receiving
				services, in communications and in all daily activities;
6. Shall be accorded respect for one's
				property rights;
7. Shall have
				one's personal, financial and medical records treated as
				confidential;
8. Shall be free to
				fully exercise one's civil and due process rights and to be assisted by a
				personal assistant and/or vendor as appropriate and necessary;
9. Shall receive in a timely manner all
				decisions regarding eligibility and amount and kind of services and the reasons
				therefore in writing and, if appropriate, orally, along with the administrative
				hearings and appeals procedure;
10.
				Shall have access to a fair appeals process through which disputes can be
				resolved;
11. Shall receive written
				information regarding consumer standards and responsibilities in the Personal
				Assistance Services Program and shall have them verbally explained as
				needed;
12. Shall have as few
				personal assistants entering one's home as possible;
13. Shall have the right to interview, screen
				and select one's personal assistant; and
14. Shall dismiss those personal assistants
				who do not respect consumer rights.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 140 - PERSONAL ASSISTANCE SERVICES PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 10:140-1.5 - Target population and priority for services

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For the
				purposes of the Personal Assistance Services Program, the target population
				includes those persons who meet the eligibility standards established in
				10:140-2.1.
(b) Prioritization for service delivery shall
				be determined by the county designated agency in the following order of
				priority, for consumers who are:
1. Employed
				in a paid occupation.
i. A consumer shall be
				employed and provide supporting documentation upon request of the Program.
				Documentation of employment activities must be provided in writing by an
				independent third-party, on company/organization letterhead and/or
				approved/signed by an official of the company/organization attesting to the
				hours worked. AW-2, pay stub, or other recognized tax form is acceptable proof.
				For those who are unconventionally employed or self-employed, the documentation
				shall include a job description indicating the specific tasks performed under
				the employment arrangement.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 140 - PERSONAL ASSISTANCE SERVICES PROGRAM › Subchapter 2 - ELIGIBILITY › Section 10:140-2.2 - Exceptions to eligibility standards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Exceptions to
				the eligibility standards in
				10:140-2.1(a)1, 6
				and 8 may be granted as follows:
1. The
				applicant or consumer must initiate the request for an exception;
2. The county designated agency shall review
				the request on a case-by-case basis and make a recommendation to the State
				Program Administrator as to whether such exception should be allowed;
				and
3. The State Program
				Administrator shall make the determination whether to allow the exception. Upon
				receiving notice from the State Program Administrator, the county designated
				agency shall notify the applicant or consumer of the determination.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 140 - PERSONAL ASSISTANCE SERVICES PROGRAM › Subchapter 2 - ELIGIBILITY › Section 10:140-2.3 - Procedures for requesting and granting exceptions to eligibility standards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Eligible
				applicants or consumers requesting exceptions shall adhere to the following
				procedures:
1. Requests for exceptions
				pursuant to
				10:140-2.2(a) 
				shall be made in writing, or, where appropriate, verbally or through
				alternative communication methods;
2. The written request for an exception shall
				be made to the Division and shall indicate the specific exception requested and
				provide justification; and
3.
				Applicants or consumers who are unable to communicate in English or have a
				communication handicap may make arrangements with county designated agency for
				an alternative means for verifying their request for an exception. All other
				persons are required to verify their request in writing to the director of the
				county designated agency.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 140 - PERSONAL ASSISTANCE SERVICES PROGRAM › Subchapter 3 - SCREENING, SERVICES AND APPEALS › Section 10:140-3.1 - Screening

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon applicant inquiry to the county
				designated agency regarding the Personal Assistance Services Program, county
				designated agency staff shall obtain information necessary to conduct
				pre-application screening and shall complete the screening within five working
				days of applicant inquiry.
(b) The
				applicant shall be notified, in writing, within five working days after
				completion of the county screening as to the results of the applicant's inquiry
				regarding participation in the Personal Assistance Services Program.
1. If the applicant is determined to be
				ineligible, the applicant shall be informed, in writing, of this determination
				and the right to appeal.
2. If the
				applicant appears eligible as a result of the screening, staff from the county
				designated agency shall inform the applicant in writing of this determination
				and if funding under the Personal Assistance Services Program is available to
				provide services to the applicant (see (c) below), shall enclose all documents
				necessary to process the application. The disposition letter shall also advise
				the applicant that the determination of initial eligibility does not guarantee
				services under this program.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 140 - PERSONAL ASSISTANCE SERVICES PROGRAM › Subchapter 3 - SCREENING, SERVICES AND APPEALS › Section 10:140-3.2 - Assessment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The county designated agency shall
				arrange for a qualified assessor to perform an in person assessment within 30
				days upon receipt of the application package, which includes the following:
1. An Application and Statement of
				Understanding;
2. An Income
				Declaration with proof of income;
3. A Physician's Certification; and
4. An Initial Consumer Plan of
				Service.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 140 - PERSONAL ASSISTANCE SERVICES PROGRAM › Subchapter 3 - SCREENING, SERVICES AND APPEALS › Section 10:140-3.3 - Individual personal assistance services plan and cash management plan

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				individual personal assistance services plan shall be designed by the consumer
				in consultation with the county designated agency to meet his or her
				individualized needs for personal assistance services.
(b) A personal assistance services plan shall
				include the following:
1. A list of the
				personal assistance services to be provided;
2. An estimate of the time needed and
				frequency of personal assistance services;
3. A list of individuals and/or vendors who
				will provide the services denoted in (b)1 above; and
4. An assessment of any cost share for which
				the consumer is to be responsible.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 140 - PERSONAL ASSISTANCE SERVICES PROGRAM › Subchapter 3 - SCREENING, SERVICES AND APPEALS › Section 10:140-3.4 - Disposition of application

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The county
				designated agency shall notify the applicant in writing within 15 days from the
				date of completion of the assessment regarding the finding of the social and
				financial assessments performed pursuant to
				10:140-3.2 and the applicant's
				right to appeal.
(b) If an
				applicant is determined eligible, in addition to (a) above, the notification
				shall include the following:
1. An approved
				plan of service listing the services to be provided including an estimate of
				the time needed and frequency of personal assistance services;
2. An estimate of the total cost of the
				personal assistance services; and
3. If applicable, an estimate of the amount
				of money that the eligible consumer is required to pay toward personal
				assistance services.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 140 - PERSONAL ASSISTANCE SERVICES PROGRAM › Subchapter 3 - SCREENING, SERVICES AND APPEALS › Section 10:140-3.5 - Services

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Services provided to eligible consumers
				shall be supplemental to and not duplicative of services available through
				relatives, other informal caregivers or other service programs.
(b) For the purposes of the Personal
				Assistance Services Program, the following service standards shall be met:
1. Program funds shall not be used for
				skilled professional medical services, including the supervision of registered
				nurses. It is not the responsibility of the Personal Assistance Services
				Program to arrange for or provide skilled nursing, therapy or related medical
				care and treatment services that the eligible consumer may need;
2. Personal assistance services provided for
				the purpose of receiving training or education shall not replace or duplicate
				those services provided by an educational institution as mandated by Section
				504 of the Rehabilitation Act of 1973,
29 U.S.C.
				§
												794;
3. Personal assistance services provided at a
				place of employment shall not replace or duplicate those services or
				accommodations provided by an employer as mandated by the Americans With
				Disabilities Act of 1990, P.L. 101-336,
42
				U.S.C. §
												12111;
and
4. Driving or other forms of transportation
				shall not be permitted exclusively without the need for other health and
				chore-related services.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 140 - PERSONAL ASSISTANCE SERVICES PROGRAM › Subchapter 3 - SCREENING, SERVICES AND APPEALS › Section 10:140-3.6 - Exceptions to service standards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Exceptions to
				the service standards in
				10:140-3.5(a),
				(b)2 and 3 shall be:
1. Initiated by the applicant or
				consumer;
2. Reviewed on a
				case-by-case basis by the Division; and
3. Consumers have the right to appeal
				decisions regarding denials of the exception to the service standards. Appeals
				shall be challenges to the material facts of the case, and shall be made to the
				Division Director or designee, who shall be the ultimate authority to render a
				decision.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 140 - PERSONAL ASSISTANCE SERVICES PROGRAM › Subchapter 3 - SCREENING, SERVICES AND APPEALS › Section 10:140-3.7 - Procedures for requesting and granting exceptions to service standards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Eligible
				applicants or consumers requesting exceptions shall follow the procedures
				listed below:
1. Requests for exceptions to
				10:140-3.5(a) through
				(c) shall be made in writing; and
2. The written request for an exception shall
				be made to the Division and shall indicate the specific exception requested and
				provide justification.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 140 - PERSONAL ASSISTANCE SERVICES PROGRAM › Subchapter 3 - SCREENING, SERVICES AND APPEALS › Section 10:140-3.8 - Transfer of services to another county

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Once
				eligibility for the Personal Assistance Services Program has been established,
				the consumer retains that eligibility when moving to another county within New
				Jersey, unless services are terminated pursuant to
				10:140-3.9.
(b) In order to effect a transfer of personal
				assistance services, the eligible consumer shall notify the county of origin
				and the destination county of his or her intention to move. Notification shall
				be, in writing, or, where appropriate, verbally or through alternative
				communication methods. It is the consumer's responsibility to provide a recent
				copy of their current cash management plan.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 140 - PERSONAL ASSISTANCE SERVICES PROGRAM › Subchapter 3 - SCREENING, SERVICES AND APPEALS › Section 10:140-3.9 - Suspension of service and termination of service

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Suspension of service may be either voluntary or involuntary. Voluntary
				suspensions involve situations in which eligible consumers agree to the
				temporary suspension of services. All other suspensions are considered to be
				involuntary.
(b) Voluntary
				suspension of service shall not exceed a total of 90 days and shall be
				implemented as follows:
1. County designated
				agencies shall implement an initial suspension period, not to exceed 60 days,
				based on a request by an eligible consumer.
2. Prior to completion of the initial
				suspension period, the eligible consumer may request an extension, not to
				exceed a total of 90 days.
3. The
				county designated agency shall review the request for an extension and shall
				make a determination on whether to grant an extended suspension beyond the
				initial period or to terminate services. All decisions will be made on a
				case-by-case basis.
4. At the end
				of a 90-day voluntary suspension period, the county designated agency shall
				determine whether the consumer's services are to be resumed or terminated and
				provide appropriate written notification to the consumer regarding the decision
				rendered.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 140 - PERSONAL ASSISTANCE SERVICES PROGRAM › Subchapter 3 - SCREENING, SERVICES AND APPEALS › Section 10:140-3.11 - Hearings and appeals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Administrative
				hearings under this chapter shall be conducted pursuant to the Administrative
				Procedure Act,
				52:14B-1 et seq., and the Uniform
				Administrative Procedure Rules, N.J.A.C. 1:1.
1. A request for an administrative hearing
				shall be denied to a consumer who disputes an involuntary suspension,
				involuntary termination or reduction of services resulting from a State
				mandated reduction in funds to the county designated agency, unless the request
				is based on a claim of incorrect computation or misapplication by the county
				designated agency.
2. A consumer
				who has maxed out his or her eligibility for service under
				10:140-2.1(a)1 
				or 8 shall not be eligible for a fair hearing, unless the consumer raises a
				challenge to a material fact.
3. In
				the event that an administrative hearing request is based on a claim that the
				level of services awarded was computed incorrectly or misapplied as a result of
				a State mandated reduction in funds, the consumer shall be permitted a stay of
				an adverse agency action pursuant to
				10:140-3.10(e).
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 140 - PERSONAL ASSISTANCE SERVICES PROGRAM › Subchapter 3 - SCREENING, SERVICES AND APPEALS › Section 10:140-3.12 - Confidentiality and disclosure of information

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All
				identifiable personal information regarding applicants or consumers under this
				program obtained or maintained under this program shall be confidential and
				shall not be released without the written consent of the applicant or consumer
				or their authorized agent except as noted in (b) and (c) below. In the case of
				applicants or consumers who have AIDS or are HIV positive, release of any
				information shall also be subject to the provisions of
				26:5C-5 et seq. and
				8:61-4.1.
(b) Disclosure of information without the
				consent of the applicant, consumer, or his or her authorized agent shall be
				limited to purposes directly connected with the Program pursuant to State law
				and regulations. Such purposes shall include, but not be limited to, the
				following:
1. The determination or
				reaffirmation of eligibility;
2.
				The provision of services;
3. The
				determination of cost share liabilities; and/or
4. Compliance with training
				requirements.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 140 - PERSONAL ASSISTANCE SERVICES PROGRAM › Subchapter 4 - INDIVIDUAL BUDGETS AND FEES › Section 10:140-4.1 - Standards for individual budgets and use of cash allowance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In
				using the cash allowance, the consumer shall either:
1. Employ private individuals who are legally
				determined eligible to work as defined by the Internal Revenue Service (IRS) at
I.R.C. § 31
.3306(c)(2)-1(a)(2);
2. Utilize the services of a vendor agency
				that can legally do business in the State of New Jersey;
3. Purchase background checks and benefits
				for employees hired;
4. Purchase
				rental or homeowner's insurance or other liability insurance related to
				consumer's role of employer;
5.
				Purchase personal assistance services training and education for workers;
				or
6. Purchase home or vehicular
				modifications, supplies, and/or equipment that alleviate the need for employee
				assistance and promote or enhance independence, and are not currently paid for
				by other Program resources.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 140 - PERSONAL ASSISTANCE SERVICES PROGRAM › Subchapter 4 - INDIVIDUAL BUDGETS AND FEES › Section 10:140-4.2 - Fees and individual budgets

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Fees for
				services under the Personal Assistance Services Program shall be based on an
				hourly rate determined by the consumer's cash management plan, which is
				established based upon the consumer's authorized plan of service hours. This
				number is then converted into a monthly dollar amount based on the flat rate as
				set forth in (b) below. Any additional costs that exceed that flat fee, shall
				be the financial responsibility of the county designated agency and not the
				Division.
(b) The reimbursement for
				personal assistance services shall not exceed a flat all-inclusive amount of $
				15.00 per hour.
(c) The fee for
				assessments of applicants and as appropriate, eligible consumers shall be $
				100.00 for each initial assessment authorized by the county designated agency;
				$ 50.00 for annual reassessments; and $ 25.00 for each follow-up assessment
				authorized by the county designated agency.
(d) The fees for personal assistance services
				and assessments described in (b) and (c) above shall be reviewed by the
				Advisory Council every two years, or as needed, and recommendations made to the
				Division for adjustments.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 140 - PERSONAL ASSISTANCE SERVICES PROGRAM › Subchapter 4 - INDIVIDUAL BUDGETS AND FEES › Section 10:140-4.3 - Consumer cost share obligation fees and requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A
				consumer's cost share obligation for personal assistance services shall only be
				determined by the gross annual income of the consumer. A consumer will have the
				responsibility for a cost share obligation only if that consumer's individual
				annual gross income exceeds the applicable eligibility limit of 350 percent of
				the Federal Poverty Level (FPL).
1. A
				consumer whose annual gross income is less than 350 percent of the FPL, for his
				or her family size, shall not be required to pay a cost share for personal
				assistance services.