New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 45 - GUARDIANSHIP SERVICES › Subchapter 1 - GENERAL PROVISIONS › Section 10:45-1.3 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, as used in this chapter shall
				  have the following meanings, unless the context clearly indicates
				  otherwise.
"Assistant Commissioner" means the Assistant Commissioner of
				  the Office of Legal, Regulatory and Guardianship Services of the Department of
				  Human Services.
"Best interest standard" means a guardian consents for
				  programs or treatment in the best interest of an individual when the
				  individual's wishes cannot be determined, when following the individual's
				  wishes would cause substantial harm to the individual or when the guardian is
				  unable to establish the individual's prior or current wishes.
"Bureau of Guardianship Services" or "BGS" means the unit
				  within the Department of Human Services that the Commissioner has designated to
				  exercise the Commissioner's responsibility and authority to provide guardian of
				  the person services to individuals in need of such services.
"Capacity" means the ability to employ the appropriate
				  reasoning relative to the demands of the decision to be made. An individual may
				  have capacity for decision-making in some areas of life, but not for the
				  others, or for some decisions within an area of life, but not all.
"Commissioner" means the Commissioner of the Department of
				  Human Services.
"Developmental disability" means a severe, chronic disability
				  as defined in
				  10:46-1.3.
"Disability Rights New Jersey" or "DRNJ" means the
				  organization designated by the Governor to be the agency to implement, on
				  behalf of the State of New Jersey, the Protection and Advocacy System
				  established under the Developmental Disabilities Assistance and Bill of Rights
				  Act, 42
				  U.S.C. §§
										15041-
				  15045.
"Division" means the Division of Developmental
				  Disabilities.
"Ethics committee" means a multi-disciplinary committee,
				  independent of the Division and designated by the Division Director or his or
				  her designee in accordance with
				  10:48B-2.1 that shall have a
				  consultative role, when the Bureau of Guardianship Services is the guardian, in
				  reviewing critical areas of decision-making.
"Family" means spouse, domestic partner as defined in
				  P.L.
				  2006, c. 103,
				  (26:8A-3 ), children, parents and
				  siblings of the individual alleged to be in need of a guardian.
"Functional or other services" means those services and
				  programs in the Division that are available to provide the individuals with
				  developmental disabilities with education, training, rehabilitation,
				  adjustment, treatment, care and protection. Functional or other services shall
				  include residential care, case management, social supervision and day
				  programming.
"Guardian" means an individual or agency appointed by a court
				  of competent jurisdiction or who is otherwise legally authorized and
				  responsible to act on behalf of a minor or incapacitated adult to ensure
				  provision for the health, safety and welfare of the individual and to protect
				  his or her rights consistent with
				  3B:12-57,
				  30:4-165.1, et seq., and the
				  judgment of guardianship.
"Guardian ad litem" means an individual appointed by a court
				  to perform an extremely limited type of guardianship, namely to protect a
				  child's or incapacitated adult's interest during a single instance of some form
				  of court proceeding or litigation.
"Guardian of the person" means an individual or agency
				  appointed by a court of competent jurisdiction to make personal decisions in an
				  individual's life, excluding decisions about an individual's property.
"Guardianship services" means those services and programs
				  provided by the Department of Human Services for the purpose of implementing
				  its responsibility toward the individual with developmental disabilities for
				  whom it is performing the services of guardian of the person.
"Incapacitated individual" means an adult individual who is
				  impaired by reason of mental illness, mental deficiency, physical illness or
				  disability, chronic use of drugs, chronic alcoholism or other cause to the
				  extent that the person lacks sufficient capacity to govern himself or herself
				  and manage his or her affairs.
"Individual" means a person receiving services from the
				  Division of Developmental Disabilities who has been determined to be in need of
				  a guardian either through adjudication by the court or through an
				  administrative process pursuant to
				  30:4-165.1 3.
"Informed consent" means a process of decision making based
				  upon an understanding of the proposed action or treatment, risks, benefits,
				  alternatives and possible outcomes.
"Interdisciplinary Team" or "IDT" means a group that consists
				  of the individual receiving services, the plan coordinator, the legal guardian,
				  the Division case manager, the parents or family member(s) (if the adult who
				  has not been adjudicated incapacitated desires that the parent or family member
				  be present), advocates and friends, 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. The individual may identify those
				  additional persons he or she wishes to be present.
"Interested party" means anyone involved in the life of a
				  child or adult that might have input into the decision being rendered. An
				  interested party includes, but is not limited to, family, provider staff,
				  medical staff or team members from the IDT.
"Least restrictive" is the principle of seeking solutions
				  that are the least restrictive and intrusive to an individual's liberty and
				  that preserve, to the maximum extent possible, the individual's autonomy while
				  providing needed protections.
"Service component" means any developmental center, regional
				  office of community services of the Division or a purchase of care
				  facility.
"Service plan" means a written, individualized habilitation
				  plan, consistent with the requirements of
				  30:6D-10 through 12, developed
				  with the individual, and/or his or her legal guardian and the IDT. 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
				  private agency responsible for its implementation. The complexity of the
				  service plan will vary according to the individual's interests, preferences and
				  needs. The format of the service plan may vary in accordance with the
				  requirements of the specific program, service or support received by the
				  individual.
"Substitute judgment" is the principle of decision making
				  that substitutes, as the guiding force in any surrogate decision made by the
				  guardian, the decision the individual would have made when competent.
				  Substitute judgment promotes the underlying values of self-determination and
				  well-being of the individual.
"Temporary guardianship services" means guardianship services
				  provided by BGS to a minor that may continue for up to one year prior to
				  judicial review.