reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 47 - STANDARDS FOR PRIVATE LICENSED FACILITIES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES › Subchapter 7 - HABILITATION SERVICES › Section 10:47-7.8 - Medical certification in cases of physical risk

Current through Register Vol. 56, No. 14, July 15, 2024
Techniques which present an element of physical risk to the
				  individual shall require prior written certification from a State licensed
				  physician that the individual's medical condition does not preclude their use.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 47 - STANDARDS FOR PRIVATE LICENSED FACILITIES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES › Subchapter 7 - HABILITATION SERVICES › Section 10:47-7.9 - Emergency mechanical restraint

Current through Register Vol. 56, No. 14, July 15, 2024
The facility's use of emergency mechanical restraint shall
				  comply with the requirements of N.J.A.C. 10:42, Emergency Mechanical Restraint
				  and Safeguarding Equipment.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 47 - STANDARDS FOR PRIVATE LICENSED FACILITIES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES › Subchapter 7 - HABILITATION SERVICES › Section 10:47-7.10 - Social services

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The facility
				shall provide social services to all individuals served and, to their families,
				as appropriate.
(b) Social services
				shall include, but shall not be limited to:
1. The coordination of all admissions and
				discharges between agencies, individuals and families;
2. Contact with the family and/or guardian
				regarding the individual's IHP, health status or other pertinent
				information;
3. Individual and
				group counselling for individuals who can benefit, as documented in the
				IHP;
4. Participation in the IDT
				process; and
5. Writing clinical
				and/or progress notes periodically, which notes shall include:
i. Progress in any therapy or
				counselling;
ii. Any family
				contacts; and
iii. Any information
				relating to the admission or discharge of the individual.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 47 - STANDARDS FOR PRIVATE LICENSED FACILITIES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES › Subchapter 7 - HABILITATION SERVICES › Section 10:47-7.11 - Rehabilitation services

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The facility
				shall provide speech pathology and audiology services, in accordance with
				45:3B-1 et seq., to all
				individuals who can benefit.
(b)
				The facility shall provide physical therapy services, in accordance with
				N.J.S.A. 45:9-37.1 1 et seq., to all individuals who can benefit, as documented
				in the IHP.
(c) The facility shall
				provide occupational therapy services to all individuals who can benefit.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 47 - STANDARDS FOR PRIVATE LICENSED FACILITIES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES › Subchapter 7 - HABILITATION SERVICES › Section 10:47-7.12 - Adaptive equipment

Current through Register Vol. 56, No. 14, July 15, 2024
The facility shall assure that adaptive equipment is
				  acquired, maintained, repaired, replaced, and used appropriately for all
				  individuals as necessary.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 47 - STANDARDS FOR PRIVATE LICENSED FACILITIES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES › Subchapter 8 - DIETARY SERVICES › Section 10:47-8.1 - Dining environment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The facility
				shall promote a pleasant and home-like environment in the dining room. Dining
				room accommodations within living units shall be separated from other areas.
1. Dining rooms shall be equipped with
				tables, chairs, eating utensils and dishes designed to meet the developmental
				needs of each individual.
i. Equipment for
				special training and feeding requirements shall be available and
				used.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 47 - STANDARDS FOR PRIVATE LICENSED FACILITIES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES › Subchapter 8 - DIETARY SERVICES › Section 10:47-8.2 - Nutritional services

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each individual
				shall receive a well balanced diet, including modified and specially prescribed
				diets.
(b) Unless otherwise
				specified by the individual's medical needs, the diet shall be prepared in
				accordance with the latest edition of the recommended dietary allowances of the
				Food and Nutrition Board of the National Research Council, National Academy of
				Sciences. Diets shall be adjusted for age, sex, disability and activity when
				necessary.
(c) The facility shall
				offer substitute food and beverages to all individuals who refuse the food
				served at meal times. Such substitutes shall be of equivalent nutritional
				value.
(d) Foods used for primary
				reinforcers as part of a behavior management plan shall be in accordance with
				the individual's nutritional status and needs.
(e) Unless medically contraindicated, snacks
				shall be provided for individuals who desire them.
1. Snacks shall be listed on the
				menu.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 47 - STANDARDS FOR PRIVATE LICENSED FACILITIES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES › Subchapter 8 - DIETARY SERVICES › Section 10:47-8.3 - Meal service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each individual
				shall be provided at least three nutritionally balanced meals daily.
(b) Food shall be wholesome, prepared in the
				form that meets the medical and dietary needs of each individual and
				attractively served. Foods shall be served:
1. In appropriate portions;
2. At appropriate temperatures.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 47 - STANDARDS FOR PRIVATE LICENSED FACILITIES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES › Subchapter 8 - DIETARY SERVICES › Section 10:47-8.4 - Food service and menu planning

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each facility
				shall have one or two designated staff responsible for food service and menu
				planning.
(b) Menus shall be
				prepared at least one week in advance and copies retained on file for a period
				of one month. Menus shall:
1. Be prepared
				with regard for the nutritional and therapeutic needs, cultural backgrounds,
				food habits and personal food preferences of the individuals;
2. Provide a variety of foods at each meal;
				and
3. Be adjusted for seasonal
				changes.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 47 - STANDARDS FOR PRIVATE LICENSED FACILITIES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES › Subchapter 8 - DIETARY SERVICES › Section 10:47-8.5 - Food sanitation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The facility
				shall ensure that kitchens and areas used for food preparation, storage,
				serving and clean-up of all meals shall be maintained in accordance with
				N.J.A.C. 8:24, Retail Food Establishments.
(b) Food service staff shall be trained in
				all aspects of food management including, but not limited to:
1. Portion control;
2. Therapeutic diets;
3. Cross contamination;
4. Sanitation; and
5. Food temperatures.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 47 - STANDARDS FOR PRIVATE LICENSED FACILITIES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES › Subchapter 9 - PHYSICAL ENVIRONMENT › Section 10:47-9.1 - General requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The facility
				grounds shall be maintained free of any hazards to health and safety.
(b) The facility shall ensure that all
				structures on the grounds are maintained in good repair and do not present a
				danger to health and/or safety.
1. All
				structures shall meet the requirements of the New Jersey Uniform Construction
				Code, N.J.A.C. 5:23.
2. Automatic
				fire suppression systems shall be installed in all Use Group Category I
				buildings, structures or portions thereof.
3. Walls and ceilings shall be free of
				asbestos hazards.
4. The facility
				shall not use lead based paint for any purpose, nor purchase any equipment,
				furnishing or decorations surfaced with lead based paint.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 47 - STANDARDS FOR PRIVATE LICENSED FACILITIES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES › Subchapter 9 - PHYSICAL ENVIRONMENT › Section 10:47-9.2 - Bedrooms

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The facility
				shall:
1. Ensure that each bedroom in the
				facility has a floor area of at least 70 square feet for each
				occupant;
2. Not use any room with
				a ceiling height of less than seven feet six inches as a bedroom;
3. Not permit more than four individuals to
				occupy a designated bedroom;
4.
				Ensure that individuals over five years of age do not share a bedroom with a
				member of the opposite sex unless legally married; and
5. Ensure that each bedroom has a window
				which provides natural light.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 47 - STANDARDS FOR PRIVATE LICENSED FACILITIES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES › Subchapter 9 - PHYSICAL ENVIRONMENT › Section 10:47-9.3 - Bathrooms

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The facility
				shall have a minimum of one wash basin with hot and cold water, one flush
				toilet and one bathtub or shower with hot and cold water for every 10
				individuals.
1. Bathrooms shall be located to
				permit access without disturbing other individuals during sleeping
				hours.
2. Each bathroom shall be
				properly equipped with toilet paper, disposable towels, soap, and other items
				required for personal hygiene.
i. Waste
				receptacles shall be located near the handwashing facilities.
3. Each bathroom shall contain
				secured mirrors visible to the individuals, and safety devices necessary to
				meet their needs.
4. Toilets,
				sinks, bathtubs and showers shall be maintained in good operating condition,
				kept clean and free of objectionable odors.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 47 - STANDARDS FOR PRIVATE LICENSED FACILITIES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES › Subchapter 9 - PHYSICAL ENVIRONMENT › Section 10:47-9.4 - Laundry services

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The facility
				shall provide regular laundering of individual clothing.
(b) The laundry room shall be separate from
				the kitchen and other working areas, and shall be arranged to prevent the cross
				contamination of clean and soiled laundry.
(c) All soiled laundry shall be stored,
				transported, collected, and delivered in a laundry bag, basket or covered cart
				as appropriate.
(d) Contaminated
				soiled laundry shall be bagged and processed separately.
(e) Soiled and clean laundry shall be kept
				separate.
(f) Clean laundry shall
				be protected from contamination during processing, storage, and
				transporting.
(g) The facility
				shall have a supply of sheets, pillow cases, towels, and washcloths equal to at
				least two items the number of individuals served.
(h) The facility shall have a supply of
				blankets equal to at least two times the number of individuals served.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 48 - APPEAL PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 10:48-1.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
The purpose of this chapter is to delineate the steps to be
				  taken when disagreements arise between citizens and the Division of
				  Developmental Disabilities. The aim of the chapter is to encourage and permit
				  the early resolution of disputes and, where that is not possible, to identify
				  the steps to be taken for review by the appropriate
				  authority.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 48 - APPEAL PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 10:48-1.2 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This chapter pertains to all disputes and
				disagreements with service components of the Division involving:
1. An individual receiving or applying for
				Division services;
2. The guardian
				of an individual receiving or applying for Division services;
3. An authorized representative of an
				individual receiving services or an individual or guardian applying for
				Division services; or
4. A
				licensee, or his or her authorized representative, of the Department of Human
				Services that provides Division services.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 48 - APPEAL PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 10:48-1.3 - General provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For persons of legal school age, when
				disputes arise relating to educational program issues, mediation pursuant to
				6A:14-2.6 shall be available
				through the Office of Special Education Programs, Department of
				Education.
(b) An appeal may be
				settled at any time by a settlement agreement.
(c) If an individual fails to follow the time
				limits for requesting an appeal as established in this chapter, the Assistant
				Commissioner may deny the appeal.
(d) The assessment of an individual to
				contribute toward the cost of care and maintenance if he or shd has been
				residentially placed by the Division may be appealed in accordance with
				N.J.A.C. 10:46D.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 48 - APPEAL PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 10:48-1.4 - Appeals of licensing actions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Appeals of
				licensing actions relative to Division programs may be appealed under the
				Administrative Procedures Act as described at N.J.A.C. 1:1.
(b) Appeals of licensing actions relative to
				Division programs shall be directed to the Department of Human Services, Office
				of Licensing.
(c) The appeal of
				licensing actions shall be initiated within 30 days from the date on the
				written notification of licensing action.
(d) The request for appeals shall be
				submitted in the format as described in
				10:48-1.6(e).
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 48 - APPEAL PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 10:48-1.6 - Process for requesting an appeal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An initial
				appeal shall be made in writing to the Administrative Practice Office, Division
				of Developmental Disabilities, P.O. Box 726, Trenton, NJ 08625-0726.
(b) Appeals of eligibility under N.J.A.C.
				10:46-2 or specific offers of non-waiver-funded services shall be initiated
				within 30 days from the date on the written notification of ineligibility or
				offer.
(c) Appeals of the denial,
				suspension, reduction, or termination of waiver services must be made, in
				writing, within 20 days from the date of the notice of such action.
(d) Appeals of services shall be limited to
				those services indicated in the service plan or appropriate for inclusion in a
				service plan that were requested and denied.
(e) The request for appeal shall be in
				writing and shall contain the information required below. This information
				shall be the basis of an initial pleading should the matter be transmitted to
				the Office of Administrative Law. An appeal shall be denied if the required
				information is not provided. The request shall include:
1. Name and address of appellant;
2. Name and address of person receiving
				services or applying for services from the Division, if the appeal is made by
				the person's legal guardian or authorized representative;
3. A brief statement of the matter under
				appeal;
4. A list of potential
				witnesses, if known; and
5.
				Reference to the law, rule, regulation or policy alleged to be violated, if
				known.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 48 - APPEAL PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 10:48-1.7 - Appeal of offer of placement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except in
				emergencies, an appellant may request that the Assistant Commissioner defer the
				placement of an individual pending resolution of an administrative appeal, as
				set forth in N.J.A.C. 10:48-2, when the following circumstances apply:
1. The appeal is received verbally or in
				writing 10 days before the proposed placement, and the appellant:
i. Can demonstrate that the placement may
				place the individual at risk of abuse or neglect;
ii. Has new information that was unknown or
				available at the time the placement offer was made; or
iii. Can demonstrate that the placement shall
				significantly compromise the appellant's ability to have the Division's action
				reversed or modified through the appeal process.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 48 - APPEAL PROCEDURE › Subchapter 2 - CONTESTED CASES › Section 10:48-2.1 - Appeal of waiver-funded services

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Appeals of the
				denial, suspension, reduction, or termination of waiver-funded services are
				contested. A fair hearing, as described in N.J.A.C. 10:49-10, shall be offered
				for appeals of waiver-funded services. The Division may also offer an alternate
				dispute resolution conference to resolve the appeal. The alternate dispute
				resolution conference is not a requirement or prerequisite to the fair hearing.
				The process for the alternate dispute resolution conference is described at
10:48-6.1
. The
				Division's process for requests for a fair hearing is described at
10:48-6.2
.
(b) Appeals of waiver-funded services are
				contested. A fair hearing, as described in N.J.A.C. 10:49-10, shall be offered
				for appeals of waiver-funded services. The Division may also offer an alternate
				dispute resolution conference to resolve the appeal. The alternate dispute
				resolution conference is not a requirement or prerequisite to the fair hearing.
				The process for the alternate dispute resolution conference is described at
				10:48-6.1. The Division's process
				for requests for fair hearing is described at
				10:48-6.2.
(c) Contested matters shall be referred to
				the Office of Administrative Law (OAL) in accordance with N.J.A.C. 1:1.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 48 - APPEAL PROCEDURE › Subchapter 2 - CONTESTED CASES › Section 10:48-2.2 - Appeal of non-waiver-funded services

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Appeals of
				eligibility determinations under N.J.A.C. 10:46-2 and appeals of specific
				offers of non-waiver-funded placements shall be considered to be
				contested.
(b) If the matter is
				determined to be contested, prior to transmittal to the OAL, a settlement
				conference, as described at N.J.A.C. 10:48-5, shall be offered to resolve the
				matter.
(c) If all parties agree to
				the settlement conference, the conference shall be scheduled by the
				Administrative Practice Office.
(d)
				The appellant may request to waive the settlement conference and that the
				Division transmit the matter directly to the OAL, as described in N.J.A.C.
				10:48-7.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 48 - APPEAL PROCEDURE › Subchapter 3 - NON-CONTESTED CASES › Section 10:48-3.1 - Non-contested cases

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Appeals of non-waiver-funded services
				that are funded only by State funds and for which there are no statutory or
				regulatory rights of appeal shall be considered non-contested.
(b) If the matter is determined to be
				non-contested, an informal conference, as described at N.J.A.C. 10:48-4, shall
				be offered to resolve the matter.
(c) The appellant may waive the informal
				conference. If the informal conference is waived, the Division shall conduct an
				administrative review pursuant to
				10:48-4.2.
(d) The Assistant Commissioner may, at his or
				her discretion with the agreement of the Director of the OAL, transmit a
				non-contested matter to the OAL, in accordance with
52:14F-5
.o.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 48 - APPEAL PROCEDURE › Subchapter 4 - INFORMAL CONFERENCE AND ADMINISTRATIVE REVIEW OF NON-CONTESTED CASES › Section 10:48-4.1 - Informal conference

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Informal conference requirements are as
				follows:
1. An informal conference shall be
				scheduled by the Administrative Practice Office in response to a non-contested
				matter. The informal conference shall be scheduled no more than 30 working days
				from the date that a matter is determined to be non-contested. Extension of the
				conference date beyond 30 working days may only occur upon mutual agreement of
				both parties.
2. The Administrative
				Practice Office shall appoint a chairperson to convene the informal
				conference.
3. The chairperson
				shall prepare a report specifically identifying the issue(s) under appeal, a
				summary of the position of both parties, and a decision or the agreement of the
				parties with respect to each issue. The reasons for the decision shall be
				provided. The report shall be provided to the appellant within 30 working days
				of the conference. A copy of this summary shall be retained in the individual's
				file.
4. The appellant may be
				represented by legal counsel at the informal conference.
5. No transcript shall be made of the
				informal conference.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 48 - APPEAL PROCEDURE › Subchapter 4 - INFORMAL CONFERENCE AND ADMINISTRATIVE REVIEW OF NON-CONTESTED CASES › Section 10:48-4.2 - Administrative review

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For all issues
				not resolved at the informal conference, the appellant may submit a written
				request to the Assistant Commissioner for an administrative review.
1. A written request for an administrative
				review shall be made within 25 working days from the date on the written
				informal conference report.
2. The
				Assistant Commissioner or designee shall appoint an administrative review
				officer.
3. Each party shall submit
				written arguments supporting their position to the administrative review
				officer within 30 working days of written notification of the administrative
				review. Documentary evidence may also be provided.
4. The Rules of Evidence shall be relaxed to
				include hearsay. It is also permissible to accept a written statement of an
				individual into evidence instead of an affidavit.
5. Discovery shall be provided in accordance
				with the requirements of
N.J.A.C. 10:41
, which entitles an
				individual to a copy of the individual's client record.
6. The administrative review officer shall
				prepare a written decision.
7. The
				written decision shall be forwarded to the involved parties within 30 working
				days of the receipt of both arguments. The written decision shall set forth the
				reasons for conducting the administrative review. This shall be considered the
				recommended decision.
8. Written
				comments, objections, or exceptions to the recommended decision may be made by
				either party and shall be sent to the Assistant Commissioner within 20 working
				days from the date of the recommended decision.
9. After review of the recommended decision
				and any comments, objections, or exceptions, the Assistant Commissioner shall
				issue a final decision, in writing, within 30 working days of the close of the
				comment period.
10. Upon issuance,
				the final decision shall be sent to the parties with notice that any further
				appeal must be to the Appellate Division of the Superior Court of New
				Jersey.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 48 - APPEAL PROCEDURE › Subchapter 4 - INFORMAL CONFERENCE AND ADMINISTRATIVE REVIEW OF NON-CONTESTED CASES › Section 10:48-4.3 - Administrative paper review

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Administrative
				paper review requirements are as follows:
1.
				Each party shall submit written arguments supporting their position to the
				administrative review officer within 20 working-days of written notification of
				the paper review. Evidence may also be provided.
2. The Rules of Evidence shall be relaxed to
				include hearsay. It is also permissible to accept a written statement of an
				individual into evidence instead of an affidavit.
3. Discovery shall be provided in accordance
				with the requirements of N.J.A.C. 10:41.
4. The administrative review officer shall
				prepare a written decision.
5. The
				written decision shall be forwarded to the involved parties within 20
				working-days of the receipt of both arguments. The written decision shall set
				forth the reasons for conducting a paper review. This shall be considered the
				Recommended Decision.
6. Written
				comments, objections or exceptions to the Recommended Decision may be made by
				either party and be sent to the Assistant Commissioner within 10 working-days
				from the date of the Recommended Decision.
7. After review of the Recommended Decision
				and any comments, objections or exceptions, the Assistant Commissioner shall
				issue a Final Decision, in writing, within 20 working-days of the close of the
				comment period.
8. Upon issuance,
				the Final Decision shall be sent to the parties with notice that any further
				appeal must be to the Appellate Division of the Superior Court of New Jersey.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 48 - APPEAL PROCEDURE › Subchapter 5 - SETTLEMENT CONFERENCE › Section 10:48-5.1 - Settlement conference

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The appellant
				shall be notified in writing of a time and date of a settlement
				conference.
(b) The settlement
				conference shall require a meeting of the parties unless both parties agree to
				a conference by telephone.
1. The settlement
				conference shall be chaired by a designee of the Administrative Practice
				Office.
2. The purpose of the
				conference is to negotiate a settlement and all matters discussed shall remain
				confidential and inadmissible as evidence.
3. Evidence or testimony shall not be
				presented.
4. No recording of the
				conference shall be made.
5. The
				appellant may be represented by legal counsel.
6. In addition to the Administrative Practice
				Office's designee, a representative of the service component initiating the
				action under appeal shall be present. The Division may elect to have
				representation by the Office of the Attorney General.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 48 - APPEAL PROCEDURE › Subchapter 6 - ALTERNATE DISPUTE RESOLUTION CONFERENCE AND FAIR HEARING › Section 10:48-6.1 - Alternate dispute resolution conference

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Alternate dispute resolution conference requirements are as follows:
1. An alternate dispute resolution conference
				shall be scheduled by the Administrative Practice Office. The alternate dispute
				resolution conference shall be scheduled no more than 30 working days from the
				date that the request for alternate dispute resolution is received. Extension
				of the conference date beyond 30 working days may only occur upon mutual
				agreement of both parties.
2. The
				Administrative Practice Office shall appoint a chairperson to convene the
				alternate dispute resolution conference.
3. Following the conference, the chairperson
				shall prepare a report specifically identifying the issue(s) under appeal, a
				summary of the position of both parties, and a decision or the agreement of the
				parties with respect to each issue. The reasons for the decision shall be
				provided. The summary shall be provided to the appellant within 30 working days
				of the conference. A copy of this summary shall be retained in the individual's
				file.
4. The appellant may be
				represented by legal counsel at the alternate dispute resolution
				conference.
5. No transcript shall
				be made of the alternate dispute resolution conference.
6. The Rules of Evidence shall not be
				strictly enforced.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 48 - APPEAL PROCEDURE › Subchapter 6 - ALTERNATE DISPUTE RESOLUTION CONFERENCE AND FAIR HEARING › Section 10:48-6.2 - Fair hearing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Appeals of the denial, suspension,
				reduction, or termination of waiver services shall be heard in accordance with
				N.J.A.C. 10:49-10.
(b) Such request
				for hearing shall be made in writing within 20 days from the date of the notice
				of the Division's action giving rise to said complaint or issue, or after the
				conclusion of an alternate dispute resolution conference that did not result in
				settlement of all issues.
(c)
				Requests for a fair hearing for Division services shall be submitted to the
				Division. The Division shall forward the request to DMAHS within five working
				days.
(d) The Division will forward
				the request to DMAHS for transmittal to OAL. The Division will include a cover
				memorandum to DMAHS that describes the Division's position; a copy of the
				notice to the Appellant which initiated the dispute; and a copy of the appeal
				letter.
(e) In the matter of a fair
				hearing, the Director, DMAHS, shall render the final decision.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 48 - APPEAL PROCEDURE › Subchapter 7 - OFFICE OF ADMINISTRATIVE LAW › Section 10:48-7.1 - Office of Administrative Law

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Those matters
				determined to be contested shall be referred to the Office of Administrative
				Law (OAL) for a hearing, in accordance with the Administrative Procedure Act at
52:14B-2(b)
and the Uniform Administrative Procedure Rules,
N.J.A.C.
				1:1
.
(b) If the contested
				non-waiver-funded services matter is not settled, the Assistant Commissioner
				shall transmit the matter to the Office of Administrative Law.
1. In the instance of all other contested
				matters, the matter shall be transmitted within 20 working days of the notice
				by the Administrative Practice Office that the settlement conference did not
				resolve the matter.
2. While
				contested cases are being prepared for transmittal to OAL, further efforts may
				be made to resolve the issue.
3.
				The Assistant Commissioner may, at his or her discretion with the agreement of
				the Director of the OAL, transmit a non-contested matter to the OAL
				(
52:14F-5
.o).
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 48A - BACKGROUND CHECKS › Subchapter 1 - GENERAL PROVISIONS › Section 10:48A-1.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
The purpose of this subchapter is to establish guidelines for
				  obtaining criminal history background checks of employees of agencies under
				  contract with the Division of Developmental Disabilities and community care
				  residence applicants, community care residence licensees, community care
				  residence alternates, and community care residence household
				  members.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 48A - BACKGROUND CHECKS › Subchapter 1 - GENERAL PROVISIONS › Section 10:48A-1.2 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
Background checks shall be conducted for those employees of
				  agencies under contract with the Division, working in such contracted programs,
				  who have direct contact with the persons served by the agency. Such employees
				  include, but are not limited to, consultants, interns, and seasonal employees.
				  Background checks shall also be conducted for all community care residence
				  applicants, community care residence licensees, community care residence
				  alternates, and community care residence household members.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 48A - BACKGROUND CHECKS › Subchapter 3 - PROCEDURES › Section 10:48A-3.1 - Fingerprints

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to employment, the community agency
				head or employee shall make an appointment to have his or her fingerprints
				taken through the live scan process with an agent designated by the Department
				of Human Services.
(b) At the time
				the fingerprints are taken, the employee, community care residence applicant,
				community care residence licensee, community care residence alternate, or
				community care residence household member is required to:
1. Complete the Certification and Permission
				for Background Check and Release of Information (see N.J.A.C. 10:48A Appendix),
				which will be witnessed by a representative of the community agency, in the
				case of an agency head or employee. The community agency or community care
				residence shall retain the consent with the employee's personnel information or
				in the community care residence, as applicable. The Division shall retain the
				agency head consent;
2. Obtain a
				receipt from the representative of the agency taking the fingerprints that they
				have been taken;
3. Return the
				receipt to the community agency head, or designee, or the community care
				residence applicant or community care residence licensee; and
4. If the prints are rejected by the State
				Police or FBI as unclassifiable, make an appointment to be reprinted within 10
				days of notification that the prints are rejected.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 48A - BACKGROUND CHECKS › Subchapter 3 - PROCEDURES › Section 10:48A-3.2 - Background checks

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The DHS Coordinator shall assign each
				community agency or community care residence an identification
				number.
(b) The confidential
				results of all criminal history background checks shall be maintained in a
				database by the DHS Coordinator.
(c) The community agency shall be responsible
				to keep the information obtained regarding employees in a confidential and
				secure manner. The records are not public.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 48A - BACKGROUND CHECKS › Subchapter 3 - PROCEDURES › Section 10:48A-3.3 - New employees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to employment, the employee shall
				be responsible to make an appointment to have his or her fingerprints
				taken.
(b) A new employee may be
				provisionally employed by the community agency for a period of up to six months
				pending the completion of a criminal history background check if the individual
				provides a sworn statement to the executive director attesting that he or she
				has not been convicted of any crimes or disorderly person offense(s) described
				in this procedure. (See Appendix A.)
(c) If the new employee indicates that he or
				she has been convicted of a crime or disorderly person offense(s) as described
				in this chapter, he or she may not be employed unless the Department determines
				that the applicant has affirmatively demonstrated clear and convincing evidence
				of his or her rehabilitation in accordance with
				N.J.A.C.
				10:48A-3.4.
(d) An individual who is provisionally
				employed shall, where possible, perform his or her duties under the supervision
				of a superior who acts in a supervisory capacity over that individual until the
				determination concerning the Federal and State criminal background check is
				completed.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 48A - BACKGROUND CHECKS › Subchapter 3 - PROCEDURES › Section 10:48A-3.4 - Rehabilitation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No individual shall be disqualified from
				employment, and no community care residence shall be disqualified from housing
				individuals, on the basis of any conviction if the individual, community care
				residence applicant, community care residence licensee, community care
				residence alternate, or community care residence household member has
				affirmatively demonstrated to the Department, clear and convincing evidence of
				his or her rehabilitation.
(b) In
				determining whether an individual has affirmatively demonstrated
				rehabilitation, the following factors shall be considered:
1. The nature and responsibility of the
				position which the convicted individual would hold, has held or currently
				holds;
2. The nature and
				seriousness of the offense;
3. The
				circumstances under which the offense occurred;
4. The date of the offense;
5. The age of the individual when the offense
				was committed;
6. Whether the
				offense was an isolated or repeated incident;
7. Any social conditions which may have
				contributed to the offense; and
8.
				Any evidence of rehabilitation including good conduct in prison or in the
				community, counseling or psychiatric treatment received, acquisition of
				additional academic or vocational schooling, successful participation in
				correctional work-release program or the recommendation of those who have had
				the individual under their supervision.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 48A - BACKGROUND CHECKS › Subchapter 3 - PROCEDURES › Section 10:48A-3.5 - Subsequent offenses

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All employees, community care residence
				alternates, and community care residence household members shall be advised, in
				writing, that they are responsible to notify the community agency head or
				community care residence licensee of any criminal charges related to the
				offenses listed in this chapter subsequent to the background check.
(b) In the case of the community agency head
				or community care residence licensee, he or she shall be responsible to notify
				the Assistant Commissioner and the community agency board, if applicable, in
				writing, of any criminal charges subsequent to the background check.
(c) The State Police will notify the
				Department in the event an individual who was the subject of a criminal history
				background check is arrested or convicted of a crime or offense in New Jersey
				after the date that the criminal history background check was performed. The
				Department shall advise the community agency head or community care residence
				licensee regarding the individual's subsequent arrest or conviction. If the
				community agency head or community care residence licensee is subsequently
				arrested or convicted, the DHS Coordinator shall notify the Assistant
				Commissioner. The Assistant Commissioner will then notify the community agency
				board, if applicable.
(d) A
				background check shall be conducted at least once every two years through the
				electronic submission of an archive request. An archive request shall be
				submitted by the community agency electronically to the DDD fingerprint liaison
				to be forwarded to the live scan vendor. The Department shall submit archive
				requests for community care residences. The CHRI result will be forwarded to
				the DHS Coordinator for distribution to the requesting community agency or to
				the community care residence. The Department may determine an alternative means
				to identify an individual who has been convicted of an offense covered in this
				procedure. This may include, but not be limited to, a match of a person's
				Social Security number or other identifying information.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 48A - BACKGROUND CHECKS › Subchapter 3 - PROCEDURES › Section 10:48A-3.6 - Monitoring

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Annually, all community agencies shall
				certify, in writing, to the Assistant Commissioner that they are in full
				compliance with
				N.J.S.A.
				30:6D-63 through 72 regarding background
				checks for community provider agencies.
(b) The community agency shall develop
				written policies regarding background checks.
(c) All community agency or community care
				residence licensee's records regarding criminal history background checks shall
				be available for review by Department and Division staff to ensure compliance
				with this procedure.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 48A - BACKGROUND CHECKS › Subchapter 3 - PROCEDURES › Section 10:48A-3.7 - Appeals

Current through Register Vol. 56, No. 14, July 15, 2024
An individual may petition for a hearing on the accuracy of
				  the criminal history record information with the appropriate State or Federal
				  agency or court.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 48B - DECISION-MAKING FOR THE TERMINALLY ILL › Subchapter 1 - GENERAL PRINCIPLES › Section 10:48B-1.1 - General principles

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Staff of the
				Division shall be guided by the following principles with respect to
				decision-making for terminally ill:
1.
				Concerning ethical issues:
i. The provision
				of appropriate end-of-life treatment for terminally ill individuals with
				developmental disabilities can raise some special ethical concerns. This is
				particularly the case for individuals with developmental disabilities who are
				receiving services from the State of New Jersey. On the one hand, the State has
				a special responsibility to protect individuals with developmental disabilities
				from all forms of discrimination, including medical treatment discrimination,
				based solely on the presence of a developmental disability. On the other hand,
				individuals with developmental disabilities who are terminally ill should not
				be subjected to medical interventions at the end-of-life simply because the
				State wishes to avoid the appearance of discrimination, that is, a perception
				that medical interventions are being withheld solely because of an individual's
				disabilities. Persons with developmental disabilities, as any other citizen,
				have the right to receive quality palliative care and the right to refuse
				medical treatment.
ii. Medical
				ethics has created a patient-centered framework for weighing the ethical
				obligation to provide interventions vs. the ethical decision to withhold and/or
				withdraw medical interventions. This framework identifies five major elements:
(1) The effectiveness of treatment;
(2) The benefit of the treatment;
(3) The burden of the treatment;
(4) The ratio of benefit to burden;
				and
(5) An understanding of the
				wishes, values and goals expressed by the individual or a surrogate acting on
				his or her behalf.
iii.
				To the extent possible, individuals with developmental disabilities who are
				receiving services from the State of New Jersey should receive the highest
				quality medical treatment and assessment available, including end-of-life care.
				Individuals acting on their behalf should seek to weigh the benefits and
				burdens of treatment in considering the best interest of the individual, that
				is, they should strive to avoid under-treatment, as well as over-treatment at
				the end of life. Finally, in all instances, they should make every effort to
				protect and nourish the dignity of individuals with developmental disabilities
				confronting terminal illnesses.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 48B - DECISION-MAKING FOR THE TERMINALLY ILL › Subchapter 3 - ETHICS COMMITTEES › Section 10:48B-3.1 - Recognition of Ethics Committees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Assistant
				Commissioner or his or her designee shall recognize acute care hospital Ethics
				Committees and standing Ethics Committees to be independent of the Division of
				Developmental Disabilities that shall be available for consultation to BGS
				whenever end-of-life decision-making issues arise.
1. An Ethics Committee, other than an acute
				care hospital Ethics Committee, shall assure to the Division the following:
i. Knowledge, experience, and/or training
				regarding ethical issues pertaining to end-of-life care
				decision-making;
ii. The ability to
				be available for case consultation in a prompt and expeditious manner
				proportionate to the urgency of the situation; and
iii. Knowledge, experience, and/or training
				regarding the nature and characteristics of individuals with developmental
				disabilities.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 48B - DECISION-MAKING FOR THE TERMINALLY ILL › Subchapter 5 - INDIVIDUALS WITH CAPACITY TO MAKE MEDICAL DECISIONS › Section 10:48B-5.1 - Individuals with capacity to make medical decisions

Current through Register Vol. 56, No. 14, July 15, 2024
If the treating practitioner has determined that a terminally
				  ill individual has capacity to make informed major medical decisions on his or
				  her own behalf, the individual shall make decisions regarding any proposed DNR
				  Order and/or the withholding or withdrawing of LSMT.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 48B - DECISION-MAKING FOR THE TERMINALLY ILL › Subchapter 6 - INDIVIDUALS WITHOUT CAPACITY TO MAKE MEDICAL TREATMENT DECISIONS FOR WHOM BGS IS NOT PROVIDING GUARDIANSHIP SERVICES › Section 10:48B-6.1 - Individuals without capacity to make medical treatment decisions for whom BGS is not providing guardianship services

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the
				treating practitioner has determined that a terminally ill individual or an
				individual in a permanently unconscious state, not receiving guardianship
				services from BGS, lacks the capacity to make major medical decisions,
				decision-making in regard to medical treatment shall proceed according to the
				following guidelines:
1. If the individual
				has a guardian other than BGS and is in a healthcare facility operated or
				funded by the Division, a DNR Order or an order for the withholding or
				withdrawing of LSMT may be issued upon the recommendation of the treating
				practitioner and with the consent of the private guardian. An Ethics Committee
				review, independent of the healthcare facility, can occur if requested by the
				treating practitioner, the legal guardian, or an interested party. The head of
				service of the Division component responsible for the individual, or his or her
				designee, shall provide written notice of the entry of the order to
				Disabilities Rights New Jersey (DRNJ) no later than the next business day;
2. If the individual is in a
				health care facility not funded by the Division, decision-making regarding the
				issuance of a DNR Order or the withholding or withdrawing of LSMT shall be
				addressed in accordance with the policies, procedures, and practices of the
				health care facility; and
3. If it
				is determined and confirmed by a second physician that the individual lacks the
				capacity to make medical treatment decisions and the individual does not have a
				guardian appointed for him or her, an emergent application for the appointment
				of a guardian should be initiated.