reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 43 - GUARDIANSHIP: NEED, APPOINTMENT, CONTINUITY › Subchapter 8 - REVIEW OF GUARDIANSHIP STATUS › Section 10:43-8.3 - Individual who has a court-appointed guardian; staff review of guardianship

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The need for
				guardianship and the suitability of the guardian shall be reviewed by the IDT
				at least annually at the Service Plan meeting.
(b) If BGS is the guardian of an individual,
				a family member is identified and has indicated interest in being named
				guardian, BGS will review if that family member is appropriate pursuant to
				30:4-165.1 3.
(c) If a conclusion is reached by the IDT
				that all or some capacity should be restored, or if the individual expresses
				his or her disagreement with having a guardian, the team shall make a referral
				to a clinician for an assessment.
(d) If the clinician concludes that all or
				some capacity should be restored, he or she shall communicate this
				recommendation to the administrative head of the service component and issue a
				report that meets the requirements of
				10:43-3.4.
(e) If the IDT concludes that the current
				guardian is no longer able to serve in the best interest of the incapacitated
				person, the chairperson shall communicate this finding and relevant information
				to the administrative head of the service component.
(f) If the administrative head of the service
				component concurs with the recommendation of the clinician or the IDT that a
				proceeding should be initiated to modify or rescind the guardianship, this
				conclusion shall be communicated in writing within 30 days to the guardian and
				the individual. If the Bureau of Guardianship Services is the appointed
				guardian, this finding shall also be communicated to the Public
				Advocate.
(g) Whether or not the
				legal guardian has agreed or disagreed with the Division's position, the matter
				shall be referred to the Chief of the Bureau of Guardianship Services for
				referral to a court of competent jurisdiction. The Chief of the Bureau of
				Guardianship Services shall inform the administrative head of the service
				component of the documentation required in each individual case. If the
				incapacitated person desires to pursue the matter privately, the service
				component shall provide the necessary assistance to obtain an attorney and
				initiate the legal process.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 43 - GUARDIANSHIP: NEED, APPOINTMENT, CONTINUITY › Subchapter 8 - REVIEW OF GUARDIANSHIP STATUS › Section 10:43-8.4 - Special review

Current through Register Vol. 56, No. 14, July 15, 2024
Notwithstanding any other provisions of this subchapter, a
				  special review of an individual's guardianship status by the IDT may be
				  requested at any time by the incapacitated person, his or her guardian or any
				  interested party. The special review shall be conducted within 30 days of the
				  request. The same potential disposition would be available as those delineated
				  under 10:43-8.2 and 8.3. Results of the
				  special review shall be documented in the individual's confidential record.
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-1.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of this chapter is to
				establish minimum requirements for the provision of residential services to
				people with developmental disabilities.
(b) This chapter shall apply to a variety of
				program models, to include group homes and supervised apartments that are
				provider-managed.
(c) Community
				care residences, living arrangements in which a Family Care or Skill
				Development program is provided in a private home or apartment, are licensed
				under N.J.A.C. 10:44B.
(d)
				Community residences for persons with head injuries are licensed pursuant to
				N.J.A.C. 10:44C.
(e) If none of the
				individuals with developmental disabilities at a particular place of residence
				require personal guidance, as determined by the planning team, licensing shall
				be available on a strictly voluntary basis, in recognition of an individual's
				right to choose independent living.
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-1.2 - Severability

Current through Register Vol. 56, No. 14, July 15, 2024
If any provision of this chapter or the application thereof
				  to any person or circumstances is held invalid, the invalidity shall not affect
				  other provisions or applications of this chapter which can be given effect and
				  to this end the provisions of this chapter are severable.
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-1.4 - Application for licensure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Application for
				licensure shall be initiated by completing and mailing the Combined Application
				to Become a Medicaid/DDD Approved Provider and the Attestation for Individual
				Supports Provider, as detailed at:
http://www.nj.gov/humanservices/ddd/programs/sppp.html
.
(b) No community agency applying to be or
				currently licensed by the Department shall pay or contract for any agency head
				until the Department has determined that no criminal history record information
				exists on file in the Federal Bureau of Investigation, Identification Division,
				or in the State Bureau of Identification in the Division of State Police that
				would disqualify the community agency head from such employment, pursuant to
				N.J.S.A.
				30:6D-63 through 69 (criminal history
				background checks).
1. No prospective
				community agency head who refuses to consent to, or cooperate in, securing of a
				criminal history record background check shall be considered for employment or
				licensure.
2. When the agency head
				is not the owner or licensee, the owner(s) or licensee shall also comply with a
				criminal history background check.
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-1.5 - Requirements for an initial license

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A program
				description shall be submitted to the Division of Developmental Disabilities
				for each community residence.
1. The program
				description shall be reviewed for completeness by staff of the Division of
				Developmental Disabilities, the Office of Licensing, and other Division and/or
				Department staff, as deemed appropriate.
2. After a determination that the program
				description is complete, the Office of Licensing shall conduct an on-site
				initial inspection of the residence to determine that it will adequately
				provide for the health, safety, and welfare of the individuals
				served.
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-1.6 - Renewal of a license

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The renewal of
				a license shall be based upon the results of a re-inspection of the residence.
1. As applicable, the Office of Licensing
				shall provide an authorization to operate upon the request of the
				licensee.
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-1.7 - Plan of correction

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensee shall submit a plan of
				correction regarding all deficiencies within 30 days, or in accordance with a
				shorter time frame, as established by the Office of Licensing.
1. A shorter time frame shall be established
				by the Department in those instances where prompt remediation of a deficiency
				is required in order to protect the health, safety, welfare, and rights of
				individuals receiving services.
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-1.8 - Negative licensing action

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Office of
				Licensing may suspend admissions to a residence, reduce the capacity of a
				residence, deny a license, issue a provisional license, suspend a license,
				refuse to renew a license, revoke a license, or take other action for
				substantial noncompliance or willful noncompliance.
1. When a license is suspended, the Office of
				Licensing may reinstate the license when the licensee achieves compliance with
				the provisions of this chapter. The Department shall not require the licensee
				to submit a new application for a license, unless such application is expressly
				made a condition of the reinstatement of the license.
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-1.9 - Administrative hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon imposition
				of a negative licensing action, the licensee shall have the opportunity to
				request an administrative hearing pursuant to
				N.J.A.C.
				10:48-1.
(b) In the event of the imposition of a
				non-renewal, suspension or revocation, if the Department determines that
				individuals are not at risk and that no imminent danger(s) exist(s), the
				Department may permit a residence, operated by a licensee who has requested an
				administrative hearing as specified in (a) above, to continue to operate until
				a final decision is rendered as a result of the hearing.
(c) If it is determined that the occupants of
				a home are at risk, the Department shall take action to eliminate such risk.
				Such action may include, but are not limited to:
1. Removing the individuals from the
				residence;
2. The assignment of
				staff approved by the Department at the residence to ensure the safety of the
				individuals; or
3. The appointment
				of an independent monitor by the Department, paid for by the
				licensee.
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-1.10 - Waiver or variance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A waiver or variance may be granted by
				the Office of Licensing, provided that such a waiver or variance would present
				no danger to the health, safety, welfare, or rights of the individuals
				receiving services.
1. The licensee shall
				request the waiver with substantial detail justifying the request.
2. Issuance of a waiver or variance shall be
				limited to the following circumstances:
i.
				Where enforcement of the standard would result in unreasonable hardship on the
				residence; or
ii. Where the waiver
				or variance is in accordance with the particular needs of the individuals with
				developmental disabilities.
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-1.11 - Complaints

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall have the authority
				to investigate any complaint received regarding a licensee.
1. The licensee and all of its employees
				shall cooperate with the Department in any investigation.
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-1.12 - Voluntary closure

Current through Register Vol. 56, No. 14, July 15, 2024
A licensee operating a community residence for individuals
				  with developmental disabilities governed by this chapter shall give at least 60
				  days' written notice to the Division of Developmental Disabilities, Office of
				  Licensing, and the Division of Medical Assistance and Health Services of any
				  planned closure.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 44A - STANDARDS FOR COMMUNITY RESIDENCES FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Subchapter 2 - ORGANIZATION AND ADMINISTRATION › Section 10:44A-2.1 - General requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purposes of
				the licensee's organization and a description of the services that it provides
				shall be made available to individuals, parents, guardians, advocates, and the
				general public. This information shall describe, in general terms, who is
				served, the services provided, and the goals of the licensee's
				organization.
(b) The licensee
				shall keep the following on file:
1. A record
				of all admissions and discharges, including names and dates, for the previous
				24 month period;
2. A current copy
				of this chapter.
i. A current copy of this
				chapter shall also be kept on file in each residence;
3. Copies of all current licenses.
i. A copy of the current license shall also
				be kept on file in each residence;
4. Written descriptions of any religious
				practices or restrictions that are observed if a licensee has a particular
				religious orientation;
5. Reports
				of unusual incidents;
6. A copy of
				the policy and procedure manual; and
7. Personnel files.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 44A - STANDARDS FOR COMMUNITY RESIDENCES FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Subchapter 2 - ORGANIZATION AND ADMINISTRATION › Section 10:44A-2.2 - Development and maintenance of procedure manual

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The licensee
				shall develop and implement a manual of written procedures to ensure that the
				service delivery system complies with State law and rules governing community
				residences for individuals with developmental disabilities.
1. The procedures shall be reviewed annually
				and revised as necessary.
2. Each
				procedure shall be designed in accordance with the principles of normalization,
				age appropriateness, least restriction, person centered planning and shall be
				consistent with the organizational structure and management philosophy of the
				licensee.
3. While specific content
				for inclusion in a procedure shall be identified on an as-needed basis in these
				rules, to ensure consistency, each procedure shall include:
i. A descriptive title which is unique so as
				to permit easy reference and retrieval of each document;
ii. An explanation regarding the purpose of
				the document;
iii. A description of
				sequential steps required to successfully complete a task or action;
iv. Assignment of staff responsibilities at
				each step in the implementation; and
v. Reporting and recording requirements for
				each person involved.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 44A - STANDARDS FOR COMMUNITY RESIDENCES FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Subchapter 2 - ORGANIZATION AND ADMINISTRATION › Section 10:44A-2.3 - Implementation of procedure manual

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The procedure
				manual shall be available and accessible for staff use.
(b) All staff shall be able to describe
				procedures that they routinely implement.
(c) The licensee shall assure that staff
				implement all procedures for which they are responsible.
(d) The procedure manual shall be available
				for review by authorized representatives of the Department.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 44A - STANDARDS FOR COMMUNITY RESIDENCES FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Subchapter 2 - ORGANIZATION AND ADMINISTRATION › Section 10:44A-2.4 - Personnel

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Personnel practices shall comply with all
				applicable Federal, State and local laws, ordinances, rules and regulations
				pertaining to employment, including civil rights, retirement plans or social
				security, minimum wages, hours and workers compensation.
(b) The licensee shall ensure that no
				applicant or employee comes into direct contact with individuals served until
				they have been fingerprinted and a determination has been made by the
				Department of Human Services that the applicant or employee is not
				disqualified, in accordance with
				N.J.S.A.
				30:6D-63 through 69 (criminal history
				background checks).
1. A licensee shall not
				employ any person who has been adjudged civilly or criminally liable for abuse
				of a developmentally disabled person.
2. Criminal history record background checks
				shall be conducted at least once every two years for a community agency's head
				and its employees.
3. Any
				individual who is required to undergo a criminal history record background
				check and refuses to consent to, or cooperate in, the securing of a criminal
				history record background check shall be immediately removed from the person's
				position and the person's employment shall be terminated.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 44A - STANDARDS FOR COMMUNITY RESIDENCES FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Subchapter 2 - ORGANIZATION AND ADMINISTRATION › Section 10:44A-2.5 - Minimum staff qualifications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The licensee or
				the executive director shall have:
1. A
				Bachelor's degree;
2. Five years of
				progressive management experience working with people with developmental
				disabilities, at least two of which shall have been supervisory in nature, at a
				senior or administrative level; and
3. Knowledge in the design and supervision of
				programs serving individuals with developmental disabilities, development of
				staff, and the application of fiscal and qualitative standards.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 44A - STANDARDS FOR COMMUNITY RESIDENCES FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Subchapter 2 - ORGANIZATION AND ADMINISTRATION › Section 10:44A-2.6 - Orientation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to working with individuals
				receiving services, all direct support professionals shall receive an
				orientation to acquaint them with:
1. The
				organization's philosophy, goals, services and practices;
2. The prevention of abuse, neglect and
				exploitation;
3. Unusual incident
				reporting and investigating procedures;
4. Emergency procedures as identified in the
				procedure manual; for example, the emergency evacuation plan, emergency medical
				treatment, emergency coverage and on-call procedures, the operation of the fire
				alarm system, and use of fire extinguishers;
5. An overview of developmental disabilities
				and any special needs of the individuals being served, for example, medical or
				behavioral problems requiring specific, tailored training;
6. The appropriate job description and the
				personnel policies of the organization, including its drug testing
				policies;
7. Training in
				life-threatening emergencies through a curriculum developed by the Division;
				and
8. Training consistent with
				N.J.S.A.
				30:6D-9.5 and 9.6.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 44A - STANDARDS FOR COMMUNITY RESIDENCES FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Subchapter 2 - ORGANIZATION AND ADMINISTRATION › Section 10:44A-2.7 - Staff training

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Within 90 days of employment, each direct
				support professional basic staff training required by the Division that shall
				address, at a minimum:
1. DDD Shifting
				Expectations;
2. Preventing abuse
				and neglect;
3. First aid training
				provided by a training entity that meets the current Emergency Cardiovascular
				Care (ECC) guidelines (and have a valid certificate on file); and
4. Cardio-pulmonary resuscitation (CPR)
				training provided by a training entity that meets the current Emergency
				Cardiovascular Care (ECC) guidelines (and have a valid certificate on
				file).
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 44A - STANDARDS FOR COMMUNITY RESIDENCES FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Subchapter 2 - ORGANIZATION AND ADMINISTRATION › Section 10:44A-2.8 - Staff coverage

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A written staff schedule, for at least a
				two-week period, shall be available for review at each residence, with the full
				names of staff.
1. The schedule shall specify
				the on-site coverage, in accordance with the program description (N.J.A.C.
				10:44A-2.2).
2. The employee in-charge shall be designated
				on the schedule for each shift.
i. No
				temporary employment agency staff shall at any time be designated or utilized
				as "in-charge" in the absence of completion of all training required at
				N.J.A.C.
				10:44A-2.7, and a written policy stipulating
				the licensee's assumption of responsibility and liability of said employees'
				actions.
3. At least one
				staff member currently trained and certified in first aid and CPR shall be on
				duty for each shift.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 44A - STANDARDS FOR COMMUNITY RESIDENCES FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Subchapter 2 - ORGANIZATION AND ADMINISTRATION › Section 10:44A-2.9 - Records of individuals receiving services

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An
				individual file shall be maintained for each individual receiving services in a
				licensed community residence for individuals with developmental disabilities.
1. The file shall be legibly marked with the
				individual's name.
2. The client
				record is the property of the Department.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 44A - STANDARDS FOR COMMUNITY RESIDENCES FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Subchapter 2 - ORGANIZATION AND ADMINISTRATION › Section 10:44A-2.10 - Individual financial records: personal funds

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each
				individual shall have the right to manage his or her own personal funds
				consistent with his or her abilities.
1. If
				it has been determined that the individual cannot independently manage his or
				her funds/finances, the PT shall determine how much money, if any, can be
				managed by the individual at any given time.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 44A - STANDARDS FOR COMMUNITY RESIDENCES FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Subchapter 3 - ADVOCACY AND RIGHTS › Section 10:44A-3.1 - General requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The provision
				of services and support shall demonstrate recognition that people with
				disabilities have the same rights as all other citizens.
1. An individual's exercise of his or her
				rights shall not be prohibited or be used as a cause for retribution against
				him or her.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 44A - STANDARDS FOR COMMUNITY RESIDENCES FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Subchapter 3 - ADVOCACY AND RIGHTS › Section 10:44A-3.2 - Rules governing a residence

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The licensee
				may establish reasonable rules that govern the conduct of individuals in their
				residences, including, but not limited to, rules regarding smoking and pets,
				provided:
1. The rules are commensurate with
				the individuals' abilities and rights, as detailed in the Division's rights
				document;
2. Individuals and their
				guardians, where applicable, are informed of the rules governing a residence
				prior to their admission, as required at
				N.J.A.C.
				10:44A-4.1;
3. The individuals affected by such rules are
				consulted whenever a revision is considered, and there is evidence the rules
				are necessary to promote order and to benefit the collective group;
4. The rules include provisions to ensure
				than an individual exercising his or her rights does so in such a way so as to
				not infringe upon the rights of, or endanger, others; and
5. Each copy of the rules contains a
				statement that an individual or a group of individuals has the right to
				challenge such rules as to their appropriateness through the licensee's
				grievance procedure, in accordance with
				N.J.A.C.
				10:44A-2.2(b)13.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 44A - STANDARDS FOR COMMUNITY RESIDENCES FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Subchapter 3 - ADVOCACY AND RIGHTS › Section 10:44A-3.3 - Self-advocacy

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The licensee shall identify individuals
				who want a personal advocate, who wish to participate in house meetings, or who
				wish to participate in a self-advocacy group.
1. Individuals who wish to participate in
				house meetings shall be included in the process, scheduling, and agenda as much
				as possible, with the assistance of staff.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 44A - STANDARDS FOR COMMUNITY RESIDENCES FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Subchapter 4 - SERVICE DELIVERY/HABILITATION › Section 10:44A-4.1 - Pre-admission and admission

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The licensee
				shall have written criteria for admission to a particular program, including
				temporary (respite) placements. These criteria shall include, at a minimum:
1. Specific services provided;
2. A non-discrimination statement regarding
				admissions, assuring no one will be denied admission on the grounds of race,
				sex, color, national origin, religion, age, physical or mental disability,
				ancestry, sexual preference or affiliation, AIDS or HIV infection, atypical
				cellular hereditary blood traits, or any other legally protected
				status;
3. A statement regarding
				any limitations an agency may have in providing services to an individual with
				a specific developmental disability;
4. A statement affording all individuals
				and/or their guardians the opportunity of preplacement visits to the
				residence;
5. A statement regarding
				any minimum and/or maximum age restrictions; 6. A statement regarding respite
				criteria; and
7. A statement
				regarding all techniques that may be employed by the licensee to provide
				behavior support.
i. The licensee shall
				comply with N.J.A.C. 10:42 (Mechanical Restraints and Safeguarding Equipment)
				in the use of mechanical restraints and safeguarding equipment; and
8. A statement affording all
				individuals the right to have a choice in the selection of their
				roommate.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 44A - STANDARDS FOR COMMUNITY RESIDENCES FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Subchapter 4 - SERVICE DELIVERY/HABILITATION › Section 10:44A-4.2 - Changes in supports/services

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any major
				change in an individual's residential service and/or supports shall include the
				utilization of the PT.
(b) Should
				the licensee determine a residence is no longer suitable or no longer meets the
				needs of an individual, substantive evidence shall be given to the Division.
1. Until an alternate placement is available,
				the individual shall continue to be served at that residence.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 44A - STANDARDS FOR COMMUNITY RESIDENCES FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Subchapter 4 - SERVICE DELIVERY/HABILITATION › Section 10:44A-4.3 - Individual Habilitation Plan (IHP)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The licensee
				shall establish and implement a procedure to address the development,
				implementation, review and evaluation of each individual's habilitation or
				service plan as required by
				30:6D-10 et seq.
(b) The individual's plan and monthly
				documentation of progress shall be maintained as part of the individual's
				record.
(c) The comprehensive IHP
				shall include, at a minimum, the following elements:
1. A cover page;
2. Evaluation summaries;
3. A summary of progress toward previous IHP
				goals and objectives;
4.
				Identification of person's preferences, capabilities and needs;
5. Goals;
6. Behaviorally stated, measurable,
				sequential objectives;
7. A clearly
				stated method of achieving each objective;
8. Identification of IDT members and persons
				responsible for ensuring the delivery of services/programs described in the
				plan;
9. A listing of all current
				and planned services/programs and their dates of initiation, anticipated
				duration and frequency;
10.
				Barriers to meeting the individual's needs;
11. A review of guardianship
				status;
12. A meeting
				summary/addendum, which may include disagreement with any part of the
				plan;
13. A sign-off section, which
				indicates attendance only; and
14.
				Authorization for approved individual expenses.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 44A - STANDARDS FOR COMMUNITY RESIDENCES FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Subchapter 5 - HEALTH AND SAFETY › Section 10:44A-5.1 - General health care

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A personal, primary physician, medical
				group/clinic, or advanced practice nurse shall be identified for each
				individual receiving services.
(b)
				Each individual shall, at a minimum, have an annual medical examination.
1. The examining physician or advanced
				practice nurse shall sign, date, and document the results of the
				examination.
2. A copy of the
				results of the annual examination shall be maintained in the individual's file.
				The confidentiality of this document shall be maintained in accordance with
				N.J.A.C.
				10:41-2.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 44A - STANDARDS FOR COMMUNITY RESIDENCES FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Subchapter 5 - HEALTH AND SAFETY › Section 10:44A-5.2 - Prescription medication

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Individuals
				receiving medication shall take their own medication to the extent that it is
				possible, as assessed and determined by the PT, documented in the individual's
				record, and in accordance with licensee procedure.
(b) If the individual is not responsible for
				or capable of taking his or her own medication, the licensee or his or her
				designee shall assist and supervise the administration of the medication as
				prescribed.
(c) A record shall be
				maintained of all medication administered by the licensee or the designee.
1. The record shall include the following:
i. The individual's name;
ii. The date;
iii. The name of medication;
iv. The type of medication;
v. The dosage;
vi. The frequency;
vii. The initials and corresponding
				signatures of staff administering the medication or in the case of electronic
				records, a means by which the identification of the administering staff is
				verified;
viii. All known
				allergies; and
ix. Medication
				administration codes.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 44A - STANDARDS FOR COMMUNITY RESIDENCES FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Subchapter 5 - HEALTH AND SAFETY › Section 10:44A-5.3 - Over-the-counter medications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A statement
				signed by the physician or advanced practice nurse regarding the usage and
				contraindications of over-the-counter medications shall be available for staff
				reference and use and shall be updated annually. This statement shall
				constitute a physician's order.
(b)
				For medications available over-the-counter, the manufacturer's label shall be
				sufficient for identification purposes.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 44A - STANDARDS FOR COMMUNITY RESIDENCES FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Subchapter 5 - HEALTH AND SAFETY › Section 10:44A-5.4 - Emergency telephone numbers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following
				emergency numbers shall be easily accessed and located by each telephone:
1. 9-1-1; and
2. The telephone number to contact the
				licensee's staff in the event of an emergency.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 44A - STANDARDS FOR COMMUNITY RESIDENCES FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Subchapter 5 - HEALTH AND SAFETY › Section 10:44A-5.5 - Food

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Sanitary practices shall be utilized in
				the storage, handling, preparation, and serving of all food and drink.
1. Food shall be thawed in a
				refrigerator.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 44A - STANDARDS FOR COMMUNITY RESIDENCES FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Subchapter 5 - HEALTH AND SAFETY › Section 10:44A-5.6 - Clothing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each individual shall have an adequate
				supply of clean and well-fitting clothing appropriate to age, gender identity,
				individual needs and preferences, community standards, season, and weather
				conditions.
(b) Each individual
				shall have the opportunity to select and purchase clothing according to
				individual taste and preference.
(c) The licensee shall provide assistance to
				individuals who require assistance in order to maintain their own
				clothing.
(d) The licensee shall
				provide laundry facilities without additional charge to individuals, unless
				there is documentation in an individual's SP that the individual is to pay for
				the laundering of his or her own clothing.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 44A - STANDARDS FOR COMMUNITY RESIDENCES FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Subchapter 5 - HEALTH AND SAFETY › Section 10:44A-5.7 - Vehicle safety

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All agency vehicles used under agency
				auspices to transport individuals with developmental disabilities shall have
				the following:
1. Emergency equipment which
				shall include at least three portable red reflector warning devices and either
				a spare tire and jack or provisions for roadside assistance and emergency
				alternate transport.
2. A first aid
				kit to include:
i. Antiseptic;
ii. Rolled gauze bandages;
iii. Sterile gauze bandages;
iv. Adhesive paper or ribbon tape;
v. Scissors;
vi. Adhesive bandages (for example,
				band-aids);
vii. CPR masks;
				and
viii. Protective
				gloves.
3. Snow tires,
				all weather tires, or chains when weather conditions dictate their
				use.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 44A - STANDARDS FOR COMMUNITY RESIDENCES FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Subchapter 5 - HEALTH AND SAFETY › Section 10:44A-5.8 - Workplace safety

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The licensee shall comply with the
				Occupational Safety and Health Administration's (OSHA) regulations ( 29 CFR
				Part 1910 ) as they may apply to a particular type of residence the licensee
				operates, and shall ensure consistent and sound enforcement.
1. The licensee shall maintain on file all
				inspection reports and correspondence documenting noncompliance with OSHA
				requirements.
2. All such reports
				and correspondence shall be available for review by authorized representatives
				of the Department.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 44A - STANDARDS FOR COMMUNITY RESIDENCES FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Subchapter 6 - FIRE SAFETY AND PHYSICAL ENVIRONMENT › Section 10:44A-6.1 - Fire safety

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each community residence operated by the
				licensee shall be registered with the Department of Community Affairs (DCA),
				Bureau of Fire Code Enforcement, Life Hazard Use Registration Unit, as a life
				hazard use and shall be subject to inspection, as required by the inspection
				schedule contained in the code, consistent with
				N.J.S.A.
				52:27D-192 et seq., and the rules promulgated
				thereunder.
1. All written reports from such
				inspections shall be maintained on file.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 44A - STANDARDS FOR COMMUNITY RESIDENCES FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Subchapter 6 - FIRE SAFETY AND PHYSICAL ENVIRONMENT › Section 10:44A-6.2 - Emergency evacuation plans

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The licensee
				shall design an emergency evacuation plan for each residence, in accordance
				with the Uniform Fire Safety Act (N.J.S.A. 52:27D-192
				et seq.), and the individual characteristics of the home.
1. The plan shall be further developed by
				evaluating each individual's ability to evacuate the residence in three minutes
				or less, according to the following risk factors:
i. The individual's ability to solve
				problems;
ii. The individual's
				compliance, including any behavioral factors that adversely affect the
				individual's ability to evacuate; and
iii. Any medical factors, including physical
				disabilities, which adversely affect the individual's ability to
				evacuate.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 44A - STANDARDS FOR COMMUNITY RESIDENCES FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Subchapter 6 - FIRE SAFETY AND PHYSICAL ENVIRONMENT › Section 10:44A-6.3 - Egress protocols

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Individuals residing in a community
				residence are presumed to have a prompt self-evacuation capability when the
				following conditions are met:
1. A
				site-specific evacuation plan is written and implemented that conforms to the
				requirements at
				N.J.A.C.
				10:44A-6.2;
2. Fire drills, supervised by staff, are
				performed a minimum of once per month, during which all occupants shall
				evacuate from the nearest exit;
3.
				Each shift performs at least four fire drills a year;
4. Fire drills are performed at random and
				varying times so that individuals are engaged in a variety of routine
				activities during the drills;
5.
				Fire drills ensure that all means of egress are used throughout the year;
				except those in areas that are not routinely utilized by individuals, such as
				unfinished basements, furnace rooms, and garages without ramps;
6. A prompt egress time of three minutes or
				less is attained and maintained.
i. The
				evacuation drill shall be timed from when the alarm is sounded until the last
				occupant crosses the threshold of a means of egress;
7. Individuals are free from physical
				restraint and are not locked in at any time; and
8. Written records are maintained including
				the following information:
i. The date and
				time of the fire drill;
ii. The
				location of the simulated fire;
iii. The means of egress used;
iv. The full names of individuals and staff
				who participated in the drill; and
v. The time required for all persons to
				evacuate the residence.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 44A - STANDARDS FOR COMMUNITY RESIDENCES FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Subchapter 6 - FIRE SAFETY AND PHYSICAL ENVIRONMENT › Section 10:44A-6.4 - Group classification requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Group homes
				housing five or fewer individuals shall, at a minimum, meet the requirements of
				Group R-5 of the Uniform Construction Code (see
				N.J.A.C.
				5:23-6.27).
(b) One- and two-family homes housing six to
				16 individuals with developmental disabilities shall meet the requirements of
				Group R-2 of the Uniform Construction Code (see
				N.J.A.C.
				5:23-6.26 and 6.26A).
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 44A - STANDARDS FOR COMMUNITY RESIDENCES FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Subchapter 6 - FIRE SAFETY AND PHYSICAL ENVIRONMENT › Section 10:44A-6.5 - Fire safety equipment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Fire
				extinguishers shall be serviced annually and shall be of a type and number as
				determined by the fire official designated to enforce the Uniform Fire Safety
				Act (N.J.S.A. 52:27D-192 et seq.)
1. Documentation of servicing shall be
				available for review.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 44A - STANDARDS FOR COMMUNITY RESIDENCES FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Subchapter 6 - FIRE SAFETY AND PHYSICAL ENVIRONMENT › Section 10:44A-6.6 - General home requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For residences
				housing individuals with physical disabilities, the licensee shall make
				accommodations to ensure maximum physical accessibility feasible for entrance
				to and movement within the residence based upon individual characteristics.
1. Any necessary modifications shall conform
				to the requirements contained in the Barrier Free Subcode,
				N.J.A.C.
				5:23-3.14(b)10 (which
				includes the accessibility rules--see
				N.J.A.C.
				5:23-7.1(Barrier Free Subcode)).
2. Two means of egress shall be ramped,
				located in different parts of the building, and lead to the ground
				level.
3. Such residences located
				on a floor above the ground floor shall have been designated for occupancy by
				non-ambulatory individuals by the fire official, including, but not limited to,
				safe havens, fire-proof stairs, and fire suppression systems.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 44A - STANDARDS FOR COMMUNITY RESIDENCES FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Subchapter 6 - FIRE SAFETY AND PHYSICAL ENVIRONMENT › Section 10:44A-6.7 - Certificate of Occupancy

Current through Register Vol. 56, No. 14, July 15, 2024
A Certificate of Occupancy or other documentation of approval
				  shall be obtained by the licensee from the local construction official as
				  required by the Uniform Construction Code (N.J.A.C. 5:23) and/or local
				  ordinance for all repairs or renovation requiring a building
				  permit.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 44A - STANDARDS FOR COMMUNITY RESIDENCES FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Subchapter 6 - FIRE SAFETY AND PHYSICAL ENVIRONMENT › Section 10:44A-6.8 - Exits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Locks on doors used as an approved means
				of egress shall be of the type that can be unlocked from the inside without the
				use of a key.
(b) No interior or
				exterior door, window, or opening in a community residence for individuals with
				developmental disabilities shall be locked, fastened, or blocked, so as to
				prevent or impede the egress of any person in the residence, unless approved by
				the local enforcing agency.
(c)
				Only commercially available security devices shall be permitted for use with
				sliding glass exit doors.
(d) Means
				of egress shall not be obstructed.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 44A - STANDARDS FOR COMMUNITY RESIDENCES FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Subchapter 6 - FIRE SAFETY AND PHYSICAL ENVIRONMENT › Section 10:44A-6.9 - Heat sources

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Space heaters, including, but not limited
				to, electrical, kerosene, and quartz heaters, shall be prohibited, unless a
				waiver is granted by the Office of Licensing.
1. Written documentation shall be maintained
				indicating that the local enforcing authority has authorized such
				use.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 44A - STANDARDS FOR COMMUNITY RESIDENCES FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Subchapter 6 - FIRE SAFETY AND PHYSICAL ENVIRONMENT › Section 10:44A-6.10 - Water

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Hot and cold running potable water shall
				be available at all times.
1. The potable
				water supply from a private well shall be tested at least once every five years
				by a New Jersey certified laboratory.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 44A - STANDARDS FOR COMMUNITY RESIDENCES FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Subchapter 6 - FIRE SAFETY AND PHYSICAL ENVIRONMENT › Section 10:44A-6.11 - Railings, stairs and hallways

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every porch,
				balcony, staircase, or place higher than 30 inches off the ground shall be
				provided with adequate railings, according to the Uniform Construction
				Code.
(b) All outside stairways
				consisting of four or more steps shall be provided with a secure
				handrail.
(c) All stairways and
				hallways shall be kept free and clear of obstructions at all times.
(d) All carpeting and stair treads shall be
				adequately secured.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 44A - STANDARDS FOR COMMUNITY RESIDENCES FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Subchapter 6 - FIRE SAFETY AND PHYSICAL ENVIRONMENT › Section 10:44A-6.12 - Windows

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every bedroom shall have at least one
				operable window opening directly to the outside.
1. If a bedroom has only one operable window,
				it shall not be blocked by an air conditioner or any permanently installed
				device.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 44A - STANDARDS FOR COMMUNITY RESIDENCES FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Subchapter 6 - FIRE SAFETY AND PHYSICAL ENVIRONMENT › Section 10:44A-6.13 - Bedrooms

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Occupancy shall be limited to floors on
				or above grade level. Bedrooms may be situated in basements under the following
				conditions:
1. More than half the height of
				the room is above grade level;
2.
				The room is provided with two or more independent means of egress, at least one
				of which leads directly outside.
i. An
				operable window with a net clear opening of at least five square feet, a
				minimum net clear opening of 24 inches in height and 20 inches in width, with a
				sill height of not more than 44 inches above the finished floor is acceptable
				as one of the means of egress; and
3. There are no other conditions that may
				adversely affect the health, safety, welfare or rights of individuals with
				developmental disabilities.