New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 44A - STANDARDS FOR COMMUNITY RESIDENCES FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Subchapter 1 - GENERAL PROVISIONS › Section 10:44A-1.3 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this chapter,
				  shall have the following meanings, unless the context clearly indicates
				  otherwise.
"Abuse" means wrongfully inflicting, or allowing to be
				  inflicted, physical abuse, sexual abuse, or verbal or psychological abuse or
				  mistreatment by a caregiver on an individual with a developmental disability,
				  as defined at
				  N.J.S.A.
				  30:6D-74.
"Advanced practice nurse," also known as a nurse practitioner
				  (see N.J.S.A. 45:11-46.c), is as
				  defined at
				  N.J.S.A.
				  45:11-23 and may, in addition to those tasks
				  lawfully performed by a registered professional nurse, manage specific common
				  deviations from wellness, and stabilized long-term care illnesses by initiating
				  laboratory and other diagnostic tests and prescribing or ordering certain
				  medications, treatments, and devices (see N.J.S.A 45:11-49).
"Advocate" means a public or private officer, agency, or
				  organization designated by State legislation, State plan, or the Governor to
				  represent the interest of persons with developmental disabilities and speak on
				  behalf of such individuals.
"Age appropriateness" means that aspect of normalization that
				  reinforces recognition of an individual as a person of a certain chronological
				  age. This includes, but is not limited to, an individual's dress, behavior, and
				  use of language, choice of leisure and recreation activities, personal
				  possessions and self-perception.
"Application for licensure" means a document supplied by the
				  Division's Provider Enrollment Unit that, when properly completed, begins the
				  licensing process.
"Authorization to operate" means official correspondence
				  issued by the Office of Licensing to permit a licensee to operate beyond the
				  license expiration date, because of a delay in completing a licensing
				  inspection.
"Behavior support plan" means any individualized written
				  planned action or set of actions taken in advance of, or subsequent to, the
				  occurrence of a target behavior, whose purpose is to modify the frequency or
				  intensity of the behavior.
"Capacity" means the maximum number of individuals with
				  developmental disabilities who may reside in the licensed residence.
"Care manager" means the representative of any agency who
				  coordinates the provision of social services and/or habilitation services to
				  individuals with developmental disabilities, and which may be a case manager or
				  support coordinator.
"Central Registry" means the "Central Registry of Offenders
				  Against Individuals with Developmental Disabilities" established pursuant to
				  N.J.S.A.
				  30:6D-73 et seq., and N.J.A.C 10:44D, which
				  creates a list of caretakers who have committed acts of abuse, neglect, or
				  exploitation and, after being afforded due process rights, have been prohibited
				  from employment working with individuals with developmental
				  disabilities.
"Community agency" means an agency licensed by the Department
				  to provide services to individuals with developmental disabilities.
"Community agency head" means the person responsible for the
				  overall operation of the agency under contract with or licensed by the
				  Department. This may be the licensee, owner, or executive director.
"Community residence for individuals with developmental
				  disabilities" means any community residential facility housing up to 16
				  individuals with developmental disabilities which provides food, shelter,
				  personal guidance, and/or training and integration with the community. Such
				  residences shall not be considered health care facilities within the meaning of
				  the "Health Care Facilities Planning Act,"
				  P.L.
				  1971, c. 136 (N.J.S.A. 26:2GH-1 et seq.), and
				  shall include, but not be limited to, group homes, halfway houses, supervised
				  apartments, and hostels. Such residences shall not be located on the grounds or
				  immediately adjacent to public institutions serving a similar population.
				  Community care residences are also community residences for individuals with
				  developmental disabilities; however, these owner-occupied living arrangements
				  are governed by N.J.A.C. 10:44B.
"Critical information" means information that must be
				  communicated from shift to shift in order to ensure the health, safety, and
				  welfare of the individuals served, and includes, but is not limited to:
				  unexpected behavioral outbursts, unexpected or unexplained mood swings on the
				  part of individuals, the administration of PRN medication, problems with
				  transportation, unexpected visits to the doctor or hospital, routine visits to
				  the doctor requiring follow up, reportable communicable diseases, and missed
				  medical appointments.
"Deficiency" means that an applicant or licensee has not
				  complied with a rule contained in this chapter.
"Department" means the Department of Human Services.
"Developmental disability" means a severe, chronic disability
				  of a person which:
1. Is attributable
				to a mental or physical impairment or combination of mental or physical
				impairments;
2. Is manifest before
				age 22;
3. Is likely to continue
				indefinitely;
4. Results in
				substantial functional limitations in three or more of the following areas of
				major activity: self-care; receptive and/or expressive language; learning;
				mobility; self-direction; and capacity for independent living or economic
				self-sufficiency; and
5. Reflects
				the need for a combination and sequence of special interdisciplinary or generic
				care, treatment, or other services which are of life-long or extended duration
				and are individually planned or coordinated.
"Direct support professional" means any licensee and any full
				  time, part time, temporary employment services, or contract employee at a
				  community residence for persons with developmental disabilities present in the
				  living or program area who works directly with individuals served. This term
				  includes "caregiver" as defined at
				  N.J.A.C.
				  10:44D-1.2, does not include housekeepers,
				  food service workers, maintenance workers, clerical staff, or
				  volunteers.
"Division" means the Division of Developmental
				  Disabilities.
"Eviction" means an actual expulsion of a tenant out of the
				  premises.
"Executive director" means the person to whom the licensee
				  may delegate administrative authority over the licensee's community based
				  programs regulated by, or under contract with, the Department.
"Exploitation" means the act or process of a caregiver using
				  an individual with a developmental disability or his or her resources for
				  another person's profit or advantage (see
				  N.J.S.A.
				  30:6D-73 et seq., and N.J.A.C.
				  10:44D).
"Falsification" means intentionally making a record or a
				  document false, giving a false appearance to a record or a document, tampering
				  with a record or a document.
"Fiduciary capacity" means that the licensee acts with a high
				  degree of good faith when handling money entrusted to the licensee by
				  individuals receiving services.
"Fire official" means a person certified by the Commissioner
				  of the Department of Community Affairs, and appointed or designated to direct
				  the enforcement of the Uniform Fire Safety Code by the appointing authority of
				  a local enforcing agency and also means any certified fire inspector working
				  under the direction of the fire official.
"Full license" means the authorization to operate based upon
				  substantial compliance with this chapter. A full license shall be effective for
				  up to one year.
"Group homes" means living arrangements operated in
				  residences leased or owned by the licensee, which provide the opportunity for
				  individuals with developmental disabilities to live together in a home, sharing
				  in chores and the overall management of the residence. Staff in a group home
				  provide supervision, training, and/or assistance in a variety of forms and
				  intensity as required to assist the individuals as they move toward
				  independence and integration with the community.
"Governing authority" means the organization or person
				  designated to assume the legal responsibility for the management, operation,
				  and fiscal viability of the community agency.
"Guardian" means an individual or agency appointed by a court
				  of competent jurisdiction who is otherwise legally authorized and responsible
				  to act on behalf of a minor or incompetent adult to assure provision for the
				  health, safety, and welfare of the individual and to protect his or her
				  rights.
"Imminent danger" means a situation that could reasonably be
				  expected to cause a serious risk to the health, safety or welfare of an
				  individual.
"Individual" means a person with developmental disabilities
				  residing in a licensed community residence for individuals with developmental
				  disabilities. "Individual with developmental disabilities" will be used in this
				  chapter as necessary to distinguish between such persons and others, such as
				  staff of the agency or staff of the Division of Developmental Disabilities or
				  the Department.
"Interferon Gamma Release Assay" (IGRA) means a blood test to
				  identify or rule out infection with M. tuberculosis. Only FDA-approved IGRAs,
				  such as QuantiFERON-TB Gold or T-Spot.TB, are acceptable.
"Least restriction" means that interventions in the lives of
				  individuals with developmental disabilities are carried out with a minimum of
				  limitation, intrusion, disruption, or departure from commonly accepted patterns
				  of living.
"License" means the authorization issued by the Department of
				  Human Services to operate a community residence providing services to
				  individuals with developmental disabilities.
"Licensee" means the individual, partnership, or corporation
				  responsible for providing services associated with the operation of a community
				  residence(s).
"Negative licensing action" means an action which imposes a
				  restriction on a licensee, including, but not limited to, suspension of
				  admissions, issuance of a provisional license, a reduction in the licensed
				  capacity, a denial of the license, a non-renewal of the license, a suspension
				  of the license, or a revocation of the license.
"Neglect" means any of the following acts by a caregiver on
				  an individual with a developmental disability: willfully failing to provide
				  proper and sufficient food, clothing, maintenance, medical care, or a clean and
				  proper home; or failure to do or permit to be done any act necessary for the
				  well-being of an individual with a developmental disability (see
				  N.J.S.A.
				  30:6D-73 et seq., and N.J.A.C.
				  10:44D).
"Normalization" means making commonly accepted patterns and
				  conditions of everyday life available to people with developmental
				  disabilities. Age-appropriateness and least restriction are two key aspects of
				  normalization.
"Office of Investigations" means that component of the
				  Department responsible to investigate serious unusual incidents in community
				  programs licensed, contracted, or regulated by the Department.
"Office of Licensing" means the licensing agency, that
				  component of the Department responsible to inspect and license programs
				  pursuant to this chapter.
"Person-centered planning" means a process of helping
				  individuals, in accordance with their needs and preferences, to achieve a
				  lifestyle that is consistent with the norms and patterns of general society and
				  in ways which incorporate the principles of age appropriateness and least
				  restrictive interventions.
"Personal advocate" means a person selected by an individual
				  with developmental disabilities to provide assistance or act on his/her behalf
				  in non-legal matters.
"Personal funds" means an individual's wages and cash
				  gifts.
"Personal guidance" means the assistance provided to an
				  individual with developmental disabilities in activities of daily living
				  because he or she routinely requires help completing such activities of daily
				  living and/or cannot direct someone to complete such activities when physical
				  disabilities prevent self completion; or there is a documented health or mental
				  health problem requiring supervision of the person for the protection of the
				  individual or others. In the absence of a court determination, the planning
				  team determines the need for personal guidance for each individual.
"Plan of correction" means a written response outlining
				  actions taken or to be taken to address deficiencies cited in a licensing
				  inspection report.
"Planning team" (PT) means an individually constituted group
				  responsible for the development of a single, integrated service plan. The team
				  consists of the individual receiving services, the legal guardian, the parents,
				  or family member (if the adult individual desires that the parent or family
				  member be present), the care manager, those persons who work most directly with
				  the individual served, and professionals and representatives of service areas
				  who are relevant to the identification of the individual's needs and the design
				  and evaluation of programs to meet them.
"Private placement" means the status of an individual who
				  does not receive residential services from the Division of Developmental
				  Disabilities at the time of his or her admission to a community residence
				  governed by this chapter.
"Program description" means a document submitted to obtain a
				  license from the Department. A program description includes a description of
				  services provided to individuals and staff coverage that assures supervision to
				  every individual served at the program, in accordance with their service plan,
				  and is reviewed as part of the licensing inspection process. The program
				  description is amended, as necessary.
"Provider managed" means a setting where services and
				  supports are coordinated by a single service provider, the licensee, that
				  manages all aspects of residential services for the individuals residing
				  there.
"Provisional license" is a negative licensing action issued
				  to prompt corrective actions in existing community residences. A provisional
				  license is effective for less than one year.
"Relocate" means providing an individual with accommodations
				  when the individual cannot evacuate a residence within three minutes, which
				  arrangement meets the individual's needs and enables the individual to evacuate
				  the residence within three minutes.
"Respite placement" means a service in which a licensee
				  provides short term supports for an individual with developmental
				  disabilities.
"Roommate" means the person with whom one shares a
				  bedroom.
"Self-advocacy group" means a group of people with
				  developmental disabilities who meet on a regular basis to discuss common goals,
				  issues, needs and wishes. With the assistance of a facilitator, if needed, a
				  self-advocacy group can serve as a united voice for people with
				  disabilities.
"Service plan" (SP) means a written, individualized
				  habilitation plan, consistent with the requirements at
				  N.J.S.A.
				  30:6D-10 through 12, developed by the PT. It
				  is an outcome-based planning tool that, at a minimum, identifies each
				  individualized program, support, and/or service requested by and provided to
				  the individual, for which the individual demonstrates a need. It identifies the
				  person and/or provider responsible for its implementation. The complexity of
				  the service plan will vary according to the individual's interests,
				  preferences, and needs. The service plan format must be approved by the
				  Division.
"Substantial non-compliance" means:
1. The violation by an applicant, licensee or
				executive director of the laws of the State of New Jersey pertaining to or
				governing community residences for the developmentally disabled;
2. One or more licensing requirements have
				been left unmet and the unmet licensing requirements directly endanger the
				health, safety, or well-being of an individual;
3. The applicant, licensee or executive
				director refuses to cooperate with Department personnel in gaining admission to
				a residence or in conducting an investigation or inspection;
4. The applicant, licensee or executive
				director has failed to adhere to the approved Program description;
5. The applicant, licensee or executive
				director has falsified any information in order to obtain a license;
				or
6. The applicant, licensee or
				executive director has refused to furnish the Department with files, reports,
				or records as required by N.J.A.C. 10:44A.
"Supervised apartments" means apartments that are occupied by
				  individuals with developmental disabilities and leased or owned by the
				  licensee. Staff provide supervision, guidance, and training, as needed, in
				  activities of daily living as defined by the individual's needs and targeted
				  future goals, in accordance with the requirements of this chapter. Up to four
				  individuals may reside in a single apartment.
"Valuable personal possessions" includes, but is not limited
				  to: mementos, durable medical equipment, adaptive devices, eyeglasses, hearing
				  aids, jewelry, clothing, bank/credit cards, electronic equipment, and
				  accessories and furniture.
"Variance" means written recognition by the Department that
				  the licensee has complied with the intent of a standard in a
				  Department-approved alternative manner, in accordance with
				  N.J.A.C.
				  10:44A-1.10.
"Waiver" means the temporary suspension of a standard that is
				  granted, in writing, by the Office of Licensing.
"Willful non-compliance" means that action or non-action of
				  an applicant or licensee who has knowledge of the violations of licensing rules
				  and/or terms of the license, has been advised of the consequences of not
				  achieving compliance and has not achieved compliance after being given an
				  adequate opportunity to do so.