reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 37J - PROGRAMS OF ASSERTIVE COMMUNITY TREATMENT › Subchapter 2 - PROGRAM OPERATION › Section 10:37J-2.8 - Staff requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The PA shall employ sufficient numbers of
				qualified staff to provide required services as set forth in this
				chapter.
(b) The staff to consumer
				ratio on each team shall be no less than one full-time equivalent (FTE) to
				seven to nine consumers, excluding clerical and psychiatric staff.
(c) The PA shall assign an administrator who
				shall function as PACT director, devoting a minimum of 10 hours per week per
				team. The PACT director does not function as a member of the team, but is
				responsive to the team's needs in order to:
1. Provide or ensure that the team and team
				leader receive regular clinical supervision, which shall include, but not be
				limited to:
i. Conducting, on a monthly
				basis, individual, side-by-side sessions in which the supervisor accompanies an
				individual staff member to meet with persons served, family/significant others,
				and/or other service providers in regularly scheduled or crisis meetings. The
				purpose of these sessions is to assess the staff member's skill level, give
				feedback, model evidence-based recovery-oriented interventions, and/or have the
				staff person practice clinical interventions; and
ii. Holding, on a monthly basis, structured
				meetings with staff as a group to address issues that cannot be addressed
				during the daily, clinical, or treatment planning meetings or during the
				side-by-side sessions, to develop performance and training goals, and the
				teaching of specific interventions/skills;
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 37J - PROGRAMS OF ASSERTIVE COMMUNITY TREATMENT › Subchapter 2 - PROGRAM OPERATION › Section 10:37J-2.9 - Staff training

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The PA shall
				develop and implement an individualized training plan for each PACT staff
				member. The training plan shall include attendance at established training
				programs, presentations by guest speakers or the development of programs
				in-house, based on the needs of individual staff members.
1. The training plan shall include initial
				training and ongoing training programs.
2. The training plan shall include, but not
				be limited to, programs on the following topics:
i. Components and principles of Assertive
				Community Treatment;
ii. Team
				process and team building;
iii.
				Recovery planning and recordkeeping;
iv. Consumer consent;
v. Case management;
vi. Wellness and recovery
				principles;
vii. PACT-specific
				safety and risk management;
viii.
				Medications;
ix. Psychiatric
				rehabilitation;
x. Supported
				employment;
xi. Mental illness and
				co-occurring substance abuse disorders;
xii. Family support;
xiii. Entitlements, housing and other public
				assistance;
xiv. Leadership and
				coaching skills for the PACT director and other appropriate PA
				administrators;
xv. Cultural
				competency;
xvi. Trauma-informed
				care; and
xvii. Medical effects of
				drugs, alcohol, obesity, diet, exercise, diabetes mellitus, and heart
				disease.
3. The PA shall
				develop an affiliation agreement with the PACT Training and Technical
				Assistance Initiative defining their respective roles in the development and
				implementation of the PACT team(s)' training plan, as well as other areas of
				training and technical assistance. The affiliation agreement will be modified
				based on a provider's communicated need.
4. All PACT team staff and, when appropriate,
				PA administration shall be required to participate in any training,
				conferences, and technical assistance activities mandated by the
				Division.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 37J - PROGRAMS OF ASSERTIVE COMMUNITY TREATMENT › Subchapter 2 - PROGRAM OPERATION › Section 10:37J-2.10 - PACT team office space

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				configuration and size of office space for PACT teams are critical elements in
				supporting the PACT team model as described in this chapter. The PA shall
				provide adequate office space for each PACT team to promote the intensive,
				multidisciplinary, shared task approach described in this chapter. The PACT
				team office shall be configured to include the following:
1. An adequate reception/waiting
				area;
2. Large, comfortable room(s)
				with adequate open space for multiple team members. The secretary shall be
				located in the PACT reception area or in the same space as the team. No office
				or enclosed cubicle space shall be designated for the sole, private use of any
				team member;
3. A separate room
				with adequate space designated for team meetings and where the confidentiality
				of client information kept on white boards can be maintained. A large
				conference table shall be included in this space;
4. Private space shall be available for use
				by team members to complete paperwork, interview consumers and their families,
				or meet privately with other staff;
5. A separate lockable medication room with
				cabinets for the secure storage of medications, medical equipment and supplies,
				a sink and medication refrigerator where PACT nurses can set up medications and
				provide injections and treatment; and
6. Adequate, accessible space that does not
				reduce or interfere with space requirements listed in this section for
				temporary storage of consumer possessions as well as for purchased and donated
				clothing, furniture, household supplies, and other consumer items.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 37J - PROGRAMS OF ASSERTIVE COMMUNITY TREATMENT › Subchapter 2 - PROGRAM OPERATION › Section 10:37J-2.11 - Records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The PA shall
				maintain individual records in an up-to-date organized manner and in accordance
				with Federal and State law governing the disclosure of information and records
				of persons who are receiving and who have received State-funded mental health
				services (30:4-24.3,
				10:37-6.79 and
				P.L.
				104-191 ). The records shall contain all relevant
				consumer information and shall be maintained to preserve confidentiality. The
				records shall contain documentation described in this chapter.
(b) A termination summary shall be completed
				for all consumers within 30 days of termination from PACT services and shall be
				included in the consumer's record.
1. The
				termination summary shall include the following:
i. The date of admission;
ii. The reason for admission;
iii. A summary of PACT services
				provided;
iv. The date of
				discharge;
v. The consumer's status
				and condition at discharge;
vi. A
				written final evaluation summary of the consumer's progress toward the goals
				set forth in the service plan; and
vii. A plan developed with the consumer
				regarding the consumer's continuing or future service needs.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 37J - PROGRAMS OF ASSERTIVE COMMUNITY TREATMENT › Subchapter 2 - PROGRAM OPERATION › Section 10:37J-2.12 - Continuous quality improvement activities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In
				addition to meeting the continuous quality improvement requirements contained
				in N.J.A.C. 10:37-9, the PA shall
				monitor, for each team's caseload, the following areas:
1. Consumer quality of life;
2. Consumer satisfaction;
3. Family satisfaction;
4. Rates of hospitalization and hospital days
				in State, county, and other psychiatric inpatient units; and
5. Other indicators related to
				consumer-identified, program-identified and Division-identified
				goals.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 40 - DIVISION OF DEVELOPMENTAL DISABILITIES ORGANIZATIONAL RULES › Subchapter 1 - MISSION AND METHOD OF OPERATIONS › Section 10:40-1.1 - Division of Developmental Disabilities' mission

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				Division of Developmental Disabilities funds services and supports for eligible
				individuals with developmental disabilities. The Division's mission is to
				assure the opportunity for individuals with developmental disabilities to
				receive quality services and supports, participate meaningfully in their
				communities, and exercise their right to make choices. This mission and the
				Division's goals are founded within these core principles:
1. To ensure health and safety while
				respecting the rights of individuals;
2. To promote and expand community-based
				supports and services to avoid institutional, segregated, and out-of-State
				services;
3. To promote individual
				choice, natural relationships, and equity in the provision of supports and
				services;
4. To ensure access to
				needed services from other New Jersey State and local agencies;
5. To support provider agencies in achieving
				core principles;
6. To ensure that
				services and supports are high in quality and culturally competent;
7. To ensure financial accountability and
				compliance with all laws and ethical codes;
8. To ensure clear, consistent communication
				and responsiveness to stakeholders; and
9. To promote collaboration and partnerships
				with individuals, families, providers, and all other stakeholders.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 40 - DIVISION OF DEVELOPMENTAL DISABILITIES ORGANIZATIONAL RULES › Subchapter 1 - MISSION AND METHOD OF OPERATIONS › Section 10:40-1.2 - Division method of operations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				Division operates as an integral part of the Department of Human
				Services.
(b) Division operations
				are administered by an Assistant Commissioner, who is appointed by the
				Commissioner, Department of Human Services.
(c) The Assistant Commissioner administers
				the Division through an executive management team responsible for all
				components of Division operations.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 40 - DIVISION OF DEVELOPMENTAL DISABILITIES ORGANIZATIONAL RULES › Subchapter 2 - PUBLIC INFORMATION › Section 10:40-2.1 - 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.state.nj.us/humanservices/ddd
.
				In addition, the Division regularly distributes updates 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, electronically, or through regular mail.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 41 - RECORDS CONFIDENTIALITY AND ACCESS TO CLIENT, DIVISION, AND PROVIDER RECORDS › Subchapter 1 - GENERAL PROVISIONS › Section 10:41-1.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
The purpose of this chapter is to provide a uniform approach
				  to records management that safeguards the confidentiality of client, Division
				  and provider records.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 41 - RECORDS CONFIDENTIALITY AND ACCESS TO CLIENT, DIVISION, AND PROVIDER RECORDS › Subchapter 1 - GENERAL PROVISIONS › Section 10:41-1.2 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
This chapter applies to all service components of the
				  Division and all providers under contract with the Division or licensed by the
				  Department.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 41 - RECORDS CONFIDENTIALITY AND ACCESS TO CLIENT, DIVISION, AND PROVIDER RECORDS › Subchapter 2 - DIVISION POLICY ON CONFIDENTIALITY OF RECORDS › Section 10:41-2.1 - Division policy on confidentiality of records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				Division recognizes its responsibility to protect the confidentiality of the
				records of individuals in its care. Therefore, all client records, as defined
				in 10:41-1.3, shall be kept
				confidential in accordance with
				30:4-24.3, which mandates that all
				certificates, applications, records and reports that directly or indirectly
				identify an individual currently or formerly receiving services from the
				Division be kept confidential and are not subject to public disclosure. In
				addition, the requirements of this chapter conform with the Federal Privacy
				Rule of the Health Insurance Portability and Accountability Act of 1996
				(HIPAA), 45 CFR Parts 160 and 164, as it applies to the release of and access
				to protected health information; Developmentally Disabled Rights Act,
				30:6D-1 et seq.; Confidentiality
				of Alcohol and Drug Abuse Patient Records, 42 CFR Part 2; Vocational
				Rehabilitation, Protection, Use and Release of Patient Information,
				34 CFR
				361.38; and the Federal Fair Housing
				Amendments Act of 1988,
				42 U.S.C. §§
										3601 et seq.
(b) The protections in this chapter extend to
				all records of individuals held by the Division, including applications for
				services of persons determined ineligible for services and those applications
				that are initiated but not completed.
(c) The release of Division records, as
				defined in
				N.J.A.C.
				10:41-1.3, shall be in accordance with
				N.J.S.A.
				47:1A-1 et seq., the Open Public Records Act,
				and this chapter. All such records shall be redacted in accordance with
				N.J.A.C.
				10:41-4.3.
(d) Records that are otherwise protected by
				law, for example, individual HIV/AIDS information as indicated in
				N.J.S.A.
				26:5C-5 et seq., and individual drug and
				alcohol abuse information as indicated in 42 CFR Part 2, Confidentiality of
				Alcohol and Drug Abuse Patient Records, shall not be disclosed without a
				specific authorization for the release of such information or a judicial
				order.
(e) Records containing
				health information on family members of an individual are to be redacted to
				remove such information before disclosure to a third party. This information
				shall not be shared unless disclosure is required for treatment and/or services
				for the individual.
(f) Division
				employees who violate confidentiality shall be subject to corrective
				action.
(g) Where an individual is
				placed with a provider under contract with the Division or licensed by the
				Department, all records specific to that individual, whether generated or
				obtained by the provider, belong to the Division and/or Department and shall
				not be released except by the Division and/or Department.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 41 - RECORDS CONFIDENTIALITY AND ACCESS TO CLIENT, DIVISION, AND PROVIDER RECORDS › Subchapter 3 - CLIENT AND AGENCY RECORDS › Section 10:41-3.1 - Client record

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Only court
				ordered civil commitments, including records of conviction, and payments of
				maintenance, shall be considered to be public information.
(b) Except as indicated in (a) above, the
				information in the client record is not public information. The client record
				is specific to one individual and includes, but is not limited to, the
				following records:
1. Eligibility
				determinations and supporting documents;
2. Applications for services;
3. Medical examinations and reports,
				medication administration records, and prescriptions;
4. Evaluation reports or Comprehensive
				Functional Assessment (CFA);
5.
				Individual Habilitation Plan (IHP), Individualized Family Service Plan (IFSP),
				Individual Educational Plan (IEP), Essential Lifestyle Plan (ELP),
				Self-Determination Plan (SDP) and Individual Service Plan (ISP);
6. Progress notes and internal communications
				relating directly to the individual's condition or service decisions;
7. Communications to or from parent or legal
				guardian;
8. Legal guardianship
				documents;
9. Individual financial
				records; and
10. Health information
				regarding family members.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 41 - RECORDS CONFIDENTIALITY AND ACCESS TO CLIENT, DIVISION, AND PROVIDER RECORDS › Subchapter 3 - CLIENT AND AGENCY RECORDS › Section 10:41-3.2 - Public and non-public Division and provider records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				following Division and provider records are considered public when the
				documents are final. Redaction of information, as defined in
				10:41-4.3, must occur before
				release of these records. Division and provider records that are public
				include:
1. The standard contract documents,
				including appendices and supporting materials that are not specific to any
				individual;
2. Programmatic and
				financial reports;
3. Reports that
				monitor or evaluate the operations of the Division or of providers under
				contract with the Division or licensed by the Department, including, but not
				limited to, accreditation reports;
4. Fiscal auditing reports;
5. Provider policies and procedures that are
				required by State regulation and/or Division policy and are not specific to any
				individual;
6. Licenses to
				operate;
7. Inspection reports for
				licensure;
8. Plan of Correction
				for Inspection Reports; and
9.
				Division procedures including, but not limited to, Division Circulars,
				institutional and provider procedures.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 41 - RECORDS CONFIDENTIALITY AND ACCESS TO CLIENT, DIVISION, AND PROVIDER RECORDS › Subchapter 3 - CLIENT AND AGENCY RECORDS › Section 10:41-3.3 - Photographing, audio and videotaping of individuals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An individual
				may be photographed if the photograph is to be used by the Division or provider
				for internal identification purposes.
(b) Written authorization must be obtained
				from the individual or legal guardian before an individual may be photographed,
				if the photograph is to be used for display or public dissemination.
(c) Audio taping and videotaping of
				individuals is prohibited for other than treatment purposes or health care
				operations unless written authorization is obtained from the individual or
				legal guardian.
(d) All audiotapes
				and videotapes of individuals shall be confidential and not subject to public
				disclosure.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 41 - RECORDS CONFIDENTIALITY AND ACCESS TO CLIENT, DIVISION, AND PROVIDER RECORDS › Subchapter 3 - CLIENT AND AGENCY RECORDS › Section 10:41-3.4 - Electronic records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any client
				records that are maintained electronically shall be subject to the same
				requirements in this chapter as records that are maintained on paper.
(b) Electronic mail is part of the official
				record of the Division and its release shall conform to the requirements
				contained in this chapter.
(c)
				Client-identifying information shall not be transmitted to persons or agencies
				external to the Department by electronic mail unless the information is
				transmitted in a secure environment.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 41 - RECORDS CONFIDENTIALITY AND ACCESS TO CLIENT, DIVISION, AND PROVIDER RECORDS › Subchapter 4 - CONFIDENTIALITY OF RECORDS › Section 10:41-4.2 - Records held by providers under contract with the Division or licensed by the Department

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Where an individual is placed with a
				provider under contract with the Division or licensed by the Department, all
				records specific to that individual, whether generated or obtained by the
				provider, belong to the Division and shall not be released except by the
				Division.
(b) Providers under
				contract with the Division or licensed by the Department, that violate
				confidentiality, shall be subject to corrective action and/or sanctions by the
				Division and as prescribed by 45 CFR Parts 160 and 164.
(c) Requests for copies of client records
				received by a provider under contract with the Division or licensed by the
				Department shall be referred to a Community Services Administrator. The
				provider shall forward the records to the Community Services Administrator. The
				Division shall be responsible for forwarding the records to the
				requester.
(d) When an individual
				transfers from one provider to another, the client record shall be transferred
				between the providers on the day of transfer.
(e) Where a provider is assuming
				responsibility for an individual from another provider, the receiving provider
				will have access to the client record of that individual at the time of
				referral, including copies of the required records.
(f) When an individual is discharged from
				Division services or is deceased, all client records shall be returned to the
				Division. A provider may keep a discharge summary with an outline of the time
				the individual was with the provider and general services provided.
(g) Records created by a provider that are
				required to be created by statute or rule are considered Division records.
				These records will be provided to the Division upon request.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 41 - RECORDS CONFIDENTIALITY AND ACCESS TO CLIENT, DIVISION, AND PROVIDER RECORDS › Subchapter 4 - CONFIDENTIALITY OF RECORDS › Section 10:41-4.3 - Redaction of records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When providing
				client records, all individual identifying information regarding individuals
				other than the individual who is the subject of the request, must be redacted,
				including, but not limited to, names, initials, and specific descriptions, from
				all client and agency records before they are disclosed. Redaction of
				individual identifying information shall be in accordance with
				45
				CFR 164.514(b)(2)(i). The
				Division MIS identification number may be used to identify individuals other
				than the individual who is the subject of the request.
(b) In accordance with
				30:4-24.3,
				42 U.S.C. §§
										3601 et seq., and 45 CFR Parts 160 and 164,
				addresses of community residences are confidential. Therefore, the address of
				any community residence must be redacted from Division and provider records
				before the records are disclosed.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 41 - RECORDS CONFIDENTIALITY AND ACCESS TO CLIENT, DIVISION, AND PROVIDER RECORDS › Subchapter 5 - ACCESS AND RELEASE OF RECORDS › Section 10:41-5.1 - Access to client record

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An individual
				currently or formerly receiving services from the Division, or an individual's
				legal guardian, is entitled to inspect or request a copy of the client record.
				The Division shall require that the request to inspect the client record be in
				writing. The Division, or agency, must provide access or deny the request for
				access to the client record as soon as possible but no later than 30 days of
				the receipt of the request, as described in
				45 CFR
				164.524(b).
(b) Records of an individual shall be open to
				inspection by other persons upon receipt of a valid written authorization, as
				described in
				45 C.F.R.
				164.524(b).
(c) A staff person must be present, at all
				times, during the inspection of a client or Division record. Staff
				knowledgeable about the contents of the record shall offer assistance in
				reviewing the record and provide assistance, if requested.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 41 - RECORDS CONFIDENTIALITY AND ACCESS TO CLIENT, DIVISION, AND PROVIDER RECORDS › Subchapter 5 - ACCESS AND RELEASE OF RECORDS › Section 10:41-5.3 - Court orders and subpoenas

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If a valid
				written authorization is not provided, then a judicial order is required for
				the release of client records. If staff of the Division or a provider receives
				a court-ordered subpoena, the recipient shall immediately contact the
				Division's Legal and Administrative Practice Office.
(b) Client records may not be released in
				response to a subpoena issued by an attorney. If staff of the Division or a
				provider receive a subpoena, the recipient shall immediately contact the
				Division's Legal and Administrative Practice Office.
(c) The Division may release client, Division
				and provider records to law enforcement officials when the Division initiates
				law enforcement action.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 41 - RECORDS CONFIDENTIALITY AND ACCESS TO CLIENT, DIVISION, AND PROVIDER RECORDS › Subchapter 5 - ACCESS AND RELEASE OF RECORDS › Section 10:41-5.4 - Records of deceased individuals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The records of
				a deceased individual who has received services may be released to the
				administrator or executor.
(b) If
				there is no administrator or executor, records may be released to the next of
				kin indicated in the client record. A valid written authorization for the
				release of this information must be obtained from next of kin in the following
				order:
1. Natural or adoptive
				parents;
2. Siblings;
3. Grandparents; or
4. Family caregiver of record.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 41 - RECORDS CONFIDENTIALITY AND ACCESS TO CLIENT, DIVISION, AND PROVIDER RECORDS › Subchapter 5 - ACCESS AND RELEASE OF RECORDS › Section 10:41-5.5 - Records created or held by other entities

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Requests for copies of Division of Child Protection and Permanency (DCP&P)
				reports involving the investigation of abuse and neglect of individuals served
				by the Division of Developmental Disabilities shall be referred to
				DCP&P.
(b) Requests for copies
				of Division of Mental Health and Addiction Services' (DMHAS) reports of
				investigations involving individuals served by the Division of Developmental
				Disabilities shall be referred to DMHAS.
(c) Requests for copies of Department's
				Office of Investigation (OI) reports of investigations involving individuals
				served by the Division shall be referred to OI.
(d) Requests for copies of Department's
				Office of Licensing (OOL) reports of licensing investigations involving
				individuals served by the Division shall be referred to OOL.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 41 - RECORDS CONFIDENTIALITY AND ACCESS TO CLIENT, DIVISION, AND PROVIDER RECORDS › Subchapter 5 - ACCESS AND RELEASE OF RECORDS › Section 10:41-5.6 - Copying fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Copies of records that may be released
				shall be provided in accordance with the provisions of this chapter and upon
				payment of the fees listed in
				N.J.S.A.
				47:1A-5.
(b) Fees may be waived for an eligible
				individual or his or her family, if it is demonstrated that the payment is a
				financial hardship.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 41A - HUMAN RIGHTS COMMITTEES › Subchapter 1 - GENERAL PROVISIONS › Section 10:41A-1.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
The purpose of this chapter is to establish standards for
				  the composition and operation of the Division of Developmental Disabilities'
				  Human Rights Committees (HRC), as well as those in agencies under contract with
				  or regulated by the Division, within the State of New Jersey and to ensure that
				  HRCs operate as objective review boards in protecting the human and civil
				  rights of individuals with developmental disabilities.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 41A - HUMAN RIGHTS COMMITTEES › Subchapter 1 - GENERAL PROVISIONS › Section 10:41A-1.2 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
The rules in this chapter establish the composition and
				  operation of the Human Rights Committee in developmental centers, the Office of
				  Community Services, and in the provider agencies and facilities under contract
				  with or regulated by the Division.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 41A - HUMAN RIGHTS COMMITTEES › Subchapter 2 - INDIVIDUAL RIGHTS › Section 10:41A-2.1 - Rights of individuals with developmental disabilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Human rights
				issues shall include, but are not limited to, those delineated in the "Rights
				of the Developmentally Disabled" as set forth in
				30:6D-1 et seq.
(b) Individuals with developmental
				disabilities are entitled to exercise the same human and civil rights enjoyed
				by other citizens. These rights shall not be limited or modified unless the
				individual's disability limits the exercise of these rights. Staff shall make
				efforts to assure that the human and civil rights of individuals with
				developmental disabilities are protected and exercised.
(c) Individuals receiving services from the
				Division, Division staff, provider agency staff, parents, guardians, or other
				advocates for individuals may make referrals to the HRC through the HRC
				chairperson.
(d) Restrictions of an
				individual's rights shall be documented in the client record.
(e) All staff and contract providers shall
				advocate for and protect the rights of individuals with developmental
				disabilities in programs for which they are responsible. Staff and contract
				service providers shall utilize the structured form of the HRC as an assist in
				protecting the rights of individuals with developmental disabilities.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 41A - HUMAN RIGHTS COMMITTEES › Subchapter 3 - MEMBERSHIP OF THE HUMAN RIGHTS COMMITTEE › Section 10:41A-3.1 - Appointment of members

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				Administrator shall appoint the members of the HRC for a two-year term. The
				term may be renewable.
(b) New
				members must be trained prior to serving on the HRC as directed in
				10:41A-3.5.
(c) There shall be no more than one-third
				common membership of the Behavior Support Committee and the HRC of any service
				component, facility or agency.
(d)
				The HRC shall consist of a minimum of five and a maximum of 15 members, at
				least one-third of whom shall not be employed by the component, facility or
				agency.
(e) The HRC membership may
				be drawn from the following representative groups:
1. Individuals with developmental
				disabilities, including individuals served;
2. Family members and/or guardians of
				individuals with developmental disabilities;
3. Persons who have experience and background
				with rights issues such as those in the legal profession, members of the
				clergy, ethicists, social workers;
4. Persons who have prior experience serving
				on Human Rights Committees;
5.
				Interested citizens from the local community; and
6. Employees familiar with programs and
				services for individuals with developmental disabilities.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 41A - HUMAN RIGHTS COMMITTEES › Subchapter 3 - MEMBERSHIP OF THE HUMAN RIGHTS COMMITTEE › Section 10:41A-3.2 - Appointment of chairperson and vice-chairperson

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				A chairperson and vice-chairperson shall be elected by a majority vote of each
				HRC. In developmental centers operated by the Division, the CEO will appoint
				the chairperson.
(b) The
				chairperson and vice-chairperson may be staff members or individuals from
				outside the developmental center, Community Services unit, agency, or
				facility.
(c) The chairperson and
				vice-chairperson shall serve a two-year term to which they may be reelected. In
				developmental centers operated by the Division, the CEO will re-appoint the
				Chairperson.
(d) The
				vice-chairperson shall assume the responsibilities of the chairperson in his or
				her absence.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 41A - HUMAN RIGHTS COMMITTEES › Subchapter 3 - MEMBERSHIP OF THE HUMAN RIGHTS COMMITTEE › Section 10:41A-3.3 - Filling vacancies created by unexpired terms

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any HRC member
				who cannot complete his or her term shall communicate this in writing through
				the chairperson to the Administrator at least two weeks before the date of
				resignation.
(b) If the chairperson
				cannot complete the term of his or her office, the vice-chairperson shall
				become the chairperson for the remainder of the chairperson's term. The HRC
				will elect, or the CEO will appoint, as appropriate under
				10:41A-3.2(a), a
				replacement for the vice-chairman, as soon as possible.
(c) The Administrator shall appoint a
				replacement within 30 days of the creation of a vacancy on the HRC.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 41A - HUMAN RIGHTS COMMITTEES › Subchapter 3 - MEMBERSHIP OF THE HUMAN RIGHTS COMMITTEE › Section 10:41A-3.4 - Removal of Human Rights Committee members

Current through Register Vol. 56, No. 14, July 15, 2024
A committee member may be removed by the Administrator, for
				  a good cause, based upon a two-thirds majority vote of the full committee. The
				  member who may be removed shall not vote on the action.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 41A - HUMAN RIGHTS COMMITTEES › Subchapter 3 - MEMBERSHIP OF THE HUMAN RIGHTS COMMITTEE › Section 10:41A-3.5 - Orientation to the Human Rights Committee

Current through Register Vol. 56, No. 14, July 15, 2024
Individuals who are appointed to the HRC shall receive, from
				  the developmental center, Community Services unit, facility or agency, at a
				  minimum, informational and instructional material relevant to the services
				  provided by the HRC.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 41A - HUMAN RIGHTS COMMITTEES › Subchapter 4 - RESPONSIBILITIES OF THE HRC › Section 10:41A-4.1 - Role of the Human Rights Committee

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The HRC shall
				exercise an advisory role to the Administrator.
(b) The Administrator shall make the final
				decision on any issue regarding the rights of an individual receiving services,
				and when proceeding against the advice and recommendations of the HRC, shall
				document the substantive reasons for proceeding against the advice and
				recommendations of the HRC in the client record.
(c) The orientation of the HRC shall be
				proactive and preventative. The committee shall recommend procedures and
				programs that safeguard the rights of the individual.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 41A - HUMAN RIGHTS COMMITTEES › Subchapter 4 - RESPONSIBILITIES OF THE HRC › Section 10:41A-4.2 - Meetings of the Human Rights Committee

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The HRC shall
				meet at least every two months, and preferably every month.
(b) The chairperson shall also have the
				authority to call special and emergency meetings as necessary.
(c) The decision-making process of the HRC
				will be based on consensus.
(d) A
				simple majority of the members of the HRC shall constitute a quorum. A quorum
				is necessary for all issues requiring consensus.
(e) Any HRC member involved in the
				development or implementation of a proposed restriction will abstain from
				participation in the consensus process for that agenda item.
(f) It is essential that the Administrator
				shall ensure that each committee be afforded a private meeting area and an
				atmosphere respectful of its independence and objectivity as a review
				group.
(g) The Administrator will
				provide support staff to the chairperson for completing tasks necessary for the
				HRC to function. These would include tasks related to material preparation,
				communication, and some aspects of information management.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 41A - HUMAN RIGHTS COMMITTEES › Subchapter 4 - RESPONSIBILITIES OF THE HRC › Section 10:41A-4.3 - General Committee functions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The functions
				of an HRC shall include, but not be limited to, the following:
1. To advise the Administrator with regard to
				issues concerning the human and civil rights of individuals, bringing to his or
				her attention existing or potential infringements upon, or impediments to the
				free exercise of individuals' rights including recommendations for
				action;
2. To contribute to the
				development of revision of policies and procedures directly relating to
				individuals rights;
3. To review
				alleged or suspected violations of the rights of individuals or groups of
				individuals brought to the attention of the HRC and to recommend investigation
				of violations, as deemed appropriate by the Committee;
4. To review behavior support plans which
				employ the use of procedures not prohibited by law or rule that may prevent an
				element of risk and/or restriction to an individual's rights; and
5. To review the proposed involvement of
				individuals participating in research projects.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 41A - HUMAN RIGHTS COMMITTEES › Subchapter 4 - RESPONSIBILITIES OF THE HRC › Section 10:41A-4.5 - Conflict of interest

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If any matter
				that arises in the Committee's deliberations should constitute a conflict of
				interest for a member of the Committee, that member shall abstain from voting
				on that issue.
(b) A conflict of
				interest shall be determined to exist if the HRC member in question is the
				person who submitted the referral for review by the HRC; the person is a member
				of the BSC and it is a recommendation of the BSC that is the matter before the
				HRC; or the HRC member is in any way directly involved in the matter before the
				HRC. The chairperson shall make the final determination whether a conflict of
				interest exists.
(c)
				Representatives of legal services, such as the Disability Rights New Jersey or
				other agencies, who may represent future individual interests, shall not be
				appointed members of an HRC as defined in this chapter. Their role and
				authority exist independent of this advisory body.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 41A - HUMAN RIGHTS COMMITTEES › Subchapter 4 - RESPONSIBILITIES OF THE HRC › Section 10:41A-4.6 - Dispute resolution

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Where the individual, guardian or
				advocate disagrees with the decision of the Administrator, the individual,
				guardian or advocate may submit a written statement of disagreement. This
				statement of disagreement shall be sent, prior to the next HRC meeting, to the
				Administrator for reconsideration and resolution. The Administrator shall
				notify the chairperson of the HRC, in writing, of any disagreements and
				resolutions. This statement shall be maintained in the client record.
(b) If the individual, or his or her guardian
				or advocate, continues to disagree with the decision of the Administrator, the
				individual, or his or her guardian or advocate, may appeal the decision in
				accordance with
				10:48-1.1.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 41A - HUMAN RIGHTS COMMITTEES › Subchapter 5 - RESPONSIBILITIES OF HRC CHAIRPERSON › Section 10:41A-5.1 - Responsibilities of the chairperson

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The chairperson
				of the Committee shall be responsible for the following:
1. Presiding at meetings and performing all
				duties relevant to the office of chairperson. The chairperson shall also
				appoint sub-committee chairpersons;
2. Ensuring the development and distribution
				of the agenda for each meeting;
3.
				Assuring the review of any previously requested progress reports;
4. Arranging for recording and transcription
				of minutes and that minutes are distributed and maintained;
5. Requesting consultation from outside the
				Committee based upon a decision of the Committee;
6. Ensuring the relevant, necessary meetings
				and reviews precede referrals to the HRC. The chairperson may refer issues back
				to appropriate review panels, for example, Unusual Incident Review Committee;
				and
7. Educating the HRC members on
				their responsibilities.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 41A - HUMAN RIGHTS COMMITTEES › Subchapter 5 - RESPONSIBILITIES OF HRC CHAIRPERSON › Section 10:41A-5.2 - Minutes of the meeting

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Committee
				chairperson shall forward the meeting minutes to the respective Administrators,
				within 10 working days. In emergency situations, the recommendations shall be
				conveyed to the Administrators immediately, in person or by telephone. Minutes
				of the meeting shall be retained on file in the office of the respective
				Administrator and shall be available to members of the Division and surveying
				agencies, upon request.
(b) Copies
				of the minutes shall be provided to the members of the Committee.
(c) Copies of the HRC minutes within the
				developmental centers and Community Services units, shall be forwarded to the
				Assistant Commissioner within two weeks of the date of the meeting.
(d) Community Services HRC meeting minutes
				shall be forwarded to the Supervisor of the DDD Quality Improvement
				Unit.
(e) The HRC minutes shall be
				marked as "Confidential Client Information" when individual information is
				present.
(f) Documentation of the
				results of the HRC meeting, and all related documents, that are specific to an
				individual, shall be placed in that individual's client record.
(g) Minutes of the HRC are considered agency
				records. All individual identifying information contained in the HRC minutes
				shall be redacted prior to disclosure to the public.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 41A - HUMAN RIGHTS COMMITTEES › Subchapter 6 - RESPONSIBILITIES OF AGENCIES UNDER CONTRACT WITH OR REGULATED BY THE DIVISION › Section 10:41A-6.1 - Agency HRC

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Agencies should have their own HRC. Those
				agencies unable to establish an HRC may utilize an HRC within the Division
				Community Services Office upon agreement with the Community Services
				Administrator.
(b) Any concern
				about the general functioning of the Committee shall be resolved between the
				CEO or executive director of an agency and the chairperson of the Committee. If
				these concerns cannot be resolved, the matter shall be referred to the
				Community Services Administrator for resolution.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 41A - HUMAN RIGHTS COMMITTEES › Subchapter 6 - RESPONSIBILITIES OF AGENCIES UNDER CONTRACT WITH OR REGULATED BY THE DIVISION › Section 10:41A-6.2 - Procedures for agency HRC

Current through Register Vol. 56, No. 14, July 15, 2024
Agencies using their own HRCs shall have procedures
				  regarding the composition and operation of the Committee, which shall be
				  included in the agency or facility manual and which shall be consistent with
				  the provisions of this chapter.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 41A - HUMAN RIGHTS COMMITTEES › Subchapter 6 - RESPONSIBILITIES OF AGENCIES UNDER CONTRACT WITH OR REGULATED BY THE DIVISION › Section 10:41A-6.3 - Membership of agency human rights committees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The CEO
				of a private residential facility or executive director of an agency shall
				appoint members of the Committee, one of whom may be a Division
				employee.
(b) The Division may
				assign an observer who is not a voting member of the Committee. The observer
				shall be familiar with the agency or facility, its manual, and the general
				Committee functions.
1. Should the observer
				have concerns about the agency or facility, he or she shall bring these
				concerns to the CEO of a private residential facility or executive director of
				an agency and Community Services Administrator.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 41A - HUMAN RIGHTS COMMITTEES › Subchapter 6 - RESPONSIBILITIES OF AGENCIES UNDER CONTRACT WITH OR REGULATED BY THE DIVISION › Section 10:41A-6.4 - Notification of agency HRC meetings

Current through Register Vol. 56, No. 14, July 15, 2024
The agencies shall provide a schedule of the agency HRC
				  meetings to the Community Services Administrator and shall notify the Community
				  Services Administrator immediately of any emergency meetings.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 41A - HUMAN RIGHTS COMMITTEES › Subchapter 6 - RESPONSIBILITIES OF AGENCIES UNDER CONTRACT WITH OR REGULATED BY THE DIVISION › Section 10:41A-6.5 - Minutes of meetings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The minutes of agency HRC meetings shall
				be forwarded to the Community Services Administrator for review in accordance
				with N.J.A.C. 10:41A-5.2.
(b) A copy of the agency HRC minutes is to be
				available for review by Division staff as authorized by the Assistant
				Commissioner.
(c) Committee members
				and Division observers shall be provided with copies of the minutes.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 42 - MECHANICAL RESTRAINTS AND SAFEGUARDING EQUIPMENT › Subchapter 1 - GENERAL PROVISIONS › Section 10:42-1.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
The purpose of this chapter is to detail the policies and
				  procedures for the utilization of safeguarding equipment and mechanical
				  restraints. Every effort should be made to reduce or eliminate the use of
				  mechanical restraints and safeguarding equipment in favor of less restrictive
				  measures. The use of mechanical restraints and safeguarding equipment must be
				  justified by health and safety concerns related to preventing behaviors that
				  may cause significant injury or other compromise to the health and well-being
				  of the individual or others. Individuals are to be provided appropriate
				  behavioral supports in accordance with best practices.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 42 - MECHANICAL RESTRAINTS AND SAFEGUARDING EQUIPMENT › Subchapter 1 - GENERAL PROVISIONS › Section 10:42-1.2 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
This chapter applies to components of the Division of
				  Developmental Disabilities, as well as providers regulated by or under contract
				  with the Division.