New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 31 - SCREENING AND SCREENING OUTREACH PROGRAM › Subchapter 2 - PROGRAM REQUIREMENTS › Section 10:31-2.4 - Procedures for the rehospitalization of consumers who violate their conditions of release

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A consumer who
				has been involuntarily committed may be discharged from that commitment by a
				court subject to conditions recommended by the facility and mental health
				agency staff, with the consumer's participation.
(b) The mental health agency designated in
				the court order has the responsibility to notify the court if the consumer
				fails to meet the order's conditions.
(c) The judge may authorize the mental health
				agency or the police to transport the consumer to the appropriate screening
				service for further assessment and evaluation. If the order is a verbal one,
				the judge will subsequently sign a written order containing the same
				information as set forth in the verbal order.
(d) If the consumer is unable or unwilling to
				go to the screening service, the mental health agency shall contact the
				screening service to request a mobile outreach. If the screener determines that
				the consumer is in need of further assessment, or other services provided by
				the screening service, the screening staff shall arrange to have the consumer
				transported to the screening service. Transportation procedures shall comply
				with the screening standards and existing affiliation agreements.
(e) Upon presentation of the consumer at the
				screening service, a screener shall assess the consumer's condition and, if the
				screener determines that the consumer meets the standard for commitment
				delineated at
				30:4-27.1 et seq., the screener
				shall complete the "Certification for Return Following Conditional Release"
				found at N.J.A.C. 10:31 Appendix B, incorporated herein by reference,
				indicating that the consumer is in need of involuntary commitment.
(f) The screener shall complete the
				certification in a manner that will enable the judge to have all required
				findings of fact including: a description of the violation of condition(s);
				evidence of mental illness and dangerousness, including facts, observations and
				the basis for recommending rehospitalization; and a recommendation for the
				appropriate type of facility for psychiatric treatment (that is, STCF, county
				hospital, State hospital).
(g) The
				screener shall convey, via telephone call or fax, to the committing judge, the
				information included on the "Certificate for Return Following Conditional
				Release." If the information is conveyed verbally, a written, signed
				certification with the same information shall be sent to the judge as soon as
				possible.
(h) Upon review of the
				findings of fact and conclusions of law supported by the information provided
				by the screener's certification, the judge may complete an "Order for Temporary
				Rehospitalization Following Conditional Release" found at N.J.A.C. 10:31
				Appendix C, incorporated herein by reference, ordering the consumer to be
				committed to an STCF or other inpatient setting without a screening certificate
				or any further court order until the 20-day hearing required by
				30:4-27.1 0 is held.
(i) If the judge provides a verbal order or
				faxes the completed order to the screening service, the time, date and name of
				the person receiving the order shall be documented on the order and in the
				chart.
(j) The screening service
				shall arrange to transport the consumer to the appropriate facility for
				rehospitalization, which may be the place from which the consumer was
				conditionally released or any other appropriate inpatient treatment facility
				the screening service identifies that has the capacity to accept the consumer.
				Both the certification and the order must be sent to the receiving facility
				along with the consumer.