New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 43 - GUARDIANSHIP: NEED, APPOINTMENT, CONTINUITY › Subchapter 1 - GENERAL PROVISIONS › Section 10:43-1.3 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms shall, for the purposes of
				  this chapter, have the meanings contained in this section unless the text
				  clearly indicates otherwise:
"Adaptive functioning" means the effectiveness or degree with
				  which the individual meets the standards of personal independence and social
				  responsibility expected of his or her age and cultural group measured by a
				  standardized assessment.
"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 decisions to be made. An individual
				  may have capacity for decision-making in some areas of life, but not for
				  others, or for some decisions within an area of life, but not all.
"Caregiver" includes, but is not limited to, direct support
				  professional, direct care staff and home health aides.
"Choice" means reasoning ability in which a selection of
				  alternatives (either/or) is made, based upon a subjective feeling, relating to
				  an immediate need. Others may define the alternatives.
"Clear and convincing evidence" is a legal standard that
				  means evidence that is so clear, direct, weighty and convincing as to
				  establish, without hesitancy, the precise facts in issue.
"Clinical assessment" means a comprehensive evaluation of a
				  person's decision-making abilities and need for guardianship that meets the
				  standards in
				  10:43-3.3.
"Clinical interview" means an interview, conducted by a
				  clinician, with the alleged incapacitated person that focuses on the person's
				  rights, needs, strengths, abilities and history of opportunities for
				  decision-making and problem-solving.
"Clinician" means a physician licensed to practice pursuant
				  to 45:9-1 et seq., a psychologist
				  licensed to practice pursuant to
				  45:14B-2 et seq. or a person
				  employed by the Division of Developmental Disabilities pursuant to
				  45:14B-2 et seq.
"Closely related person" means such individuals with or
				  without legal or genetic relationship, shared household or familial affiliation
				  known to the Division as being involved and interested in the welfare and best
				  interests of the individual receiving services.
"Cognitive functioning" describes a person's general mental
				  abilities to acquire knowledge as defined by individually administered
				  standardized intelligence tests (IQ or IQ equivalent).
"Collateral interview" means any interview with family,
				  supportive personnel, caregivers and friends that focuses on the alleged
				  incapacitated person's experiences and opportunities for decision-making. The
				  data provides comparison on skills performed in different environments and
				  varying perspectives of the interviewees.
"Commissioner" means the Commissioner of the Department of
				  Human Services.
"Decision" means the act of reaching a conclusion or
				  making-up one's mind through a process of selecting among options.
"Developmental disability" means a severe, chronic disability
				  as defined in
				  10:46-1.3.
"Division" means the Division of Developmental
				  Disabilities.
"Division services" means those services and programs in the
				  Division that are available to provide persons with developmental disabilities
				  with education, training, rehabilitation, adjustment, treatment, care and
				  protection. Services include, but are not limited to, residential care, case
				  management, social supervision, and day programming.
"Education" means all activities and programs conducted for
				  the purpose of acquiring knowledge or a skill, such as through a school or an
				  adult class.
"Family" means spouse, domestic partner as defined in
				  P.L.
				  2003, c. 246
				  (26:8A-3 ), children, parents and
				  siblings of the individual alleged to be in need of a guardian.
"General guardian" means an individual or agency appointed by
				  a court of competent jurisdiction to make all decisions in a person's life
				  pursuant to
				  3B:12-12(a).
"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 assure
				  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.
"Guardianship assessment report" means a comprehensive report
				  that includes clinical data and an integration of findings and provides clear
				  and convincing evidence by example to support the conclusion as to the need for
				  guardianship that meets the requirements of
				  10:43-3.4.
"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.
"Heirs" means those persons, including, but not limited to,
				  the surviving spouse, the domestic partner and the descendants of the decedent,
				  who are entitled, under the statutes of intestate succession, to the property
				  of a decedent.
"Incapacitated individual" has the same meaning as set forth
				  in 3B:1-2.
"Initial screening" means a review by the Intake Team or the
				  Interdisciplinary Team to ascertain whether or not it appears that a guardian
				  may be needed. The screening is cursory and does not include a Clinical
				  Assessment.
"Intake Team" means at least two staff, one of whom is the
				  intake worker and one who is a psychologist, who are responsible for
				  determining that the eligibility criteria contained in N.J.A.C. 10:46 have been
				  met.
"Integration of findings" means a compilation of data
				  gathered from clinical interviews, collateral interviews and standardized tests
				  that is interpreted by the clinician and states a conclusion.
"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.
"Legal matters" means issues affecting an individual's legal
				  rights, including, but not limited to, simple basic contracts, power of
				  attorney, medical power of attorney, last will and testament and participation
				  in a lawyer-client relationship.
"Limited guardian" means an individual or agency who is
				  appointed by a court of competent jurisdiction pursuant to
				  3B:12-12(b), to
				  make only those decisions for which an incapacitated person has been
				  adjudicated to lack capacity.
"Preference" means reasoning ability that is based solely
				  upon a basic like or dislike, or a subjective feeling.
"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.
"Significant chronic functional impairment" means that an
				  individual lacks cognitive and/or adaptive capacities such that his or her
				  ability to make decisions or to communicate, in any way, decisions to others is
				  substantially limited.
"Supportive personnel" includes, but is not limited to, case
				  managers, group home managers, sponsors, program staff, employees, teachers,
				  counselors and/or therapists.
"Temporary guardian" means an individual or agency appointed
				  by a court of competent jurisdiction pursuant to
				  3B:12-24.1(c)  to
				  make decisions only for those services determined by the court to be necessary
				  to deal with critical needs or risk of substantial harm to the alleged
				  incapacitated person pending completion of a capacity hearing.