New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 44B - MANUAL OF STANDARDS FOR COMMUNITY CARE RESIDENCES › Subchapter 1 - GENERAL PROVISIONS › Section 10:44B-1.3 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this chapter,
				  shall have the following meanings, unless the context clearly indicates
				  otherwise:
"Abuse" means wrongfully inflicting, or allowing to be
				  inflicted, physical abuse, sexual abuse, verbal or psychological abuse, or
				  mistreatment by a caregiver on an individual with a developmental
				  disability.
"Advocate" means a public or private officer, agency, or
				  organization designated by State legislation, the State plan, or the Governor
				  to represent the interests of individuals with developmental disabilities or
				  persons with traumatic brain injuries to speak on behalf of such
				  individuals.
"Age appropriateness" means that aspect of normalization
				  which reinforces recognition of an individual as a person of a certain
				  chronological age.
"Alternate" means a person 18 years of age or older who has
				  been selected and identified by the licensee to the Office of Licensing and the
				  placing agency and has been approved, who accepts the responsibility to provide
				  care and supervision for individuals who require supervision.
"Applicant" means a person age 18 or older who satisfactorily
				  initiates and completes the application process in order to obtain a license to
				  operate a community care residence.
"Authorized family member" means a relative of the individual
				  with a developmental disability authorized by the individual, or guardian, as
				  applicable, to receive information pursuant to
				  P.L.
				  2012, c. 69.
"Barrier-free design" means any design in the residence
				  necessary to accommodate individuals with physical disabilities which include,
				  but are not limited to: ramps, handrails in bathroom areas, corridors or
				  doorways, or rooms and doorways with space enough to accommodate individuals in
				  wheelchairs.
"Boarder" means any person residing in the home who is not a
				  member of the family, who is not developmentally disabled and who receives
				  room, board and personal guidance.
"Capacity" means the maximum number of individuals, including
				  boarders, who may be accommodated in the home, other than family members, at
				  any time under the terms of the home's license.
"Case manager" means an employee of the Division or of a
				  contracted agency who coordinates the implementation of programs, supports,
				  and/or services to facilitate the achievement of the outcomes, goals, and/or
				  objectives identified in the service plan. A case manager provides assistance
				  to the individual in gaining access to needed State plan services, medical,
				  social, educational, and other services, regardless of the funding source for
				  the services. Activities of the case manager may include assessment,
				  service/support planning, arrangement of services, coordination of service
				  providers, and/or monitoring and overseeing the provision of services.
"Census" means the number of individuals or boarders
				  currently residing in the residence. The census of the home shall count towards
				  the capacity of the home.
"Central Registry" means the Central Registry of Offenders
				  Against Individuals with Developmental Disabilities enacted pursuant to
				  30:6D-77 and N.J.A.C.
				  10:44D.
"Chores" means those duties which are normally performed by
				  members of a household as a matter of routine.
"Close" means a final licensing action by the Department in
				  which an applicant or a licensee is prohibited from operating a community care
				  residence for individuals with developmental disabilities or persons with
				  traumatic brain injuries.
"Commissioner" means the Commissioner of the Department of
				  Human Services.
"Community care residence" means a private house or apartment
				  in which a person 18 years or older or family contracts with the Department to
				  provide individuals with developmental disabilities or persons with traumatic
				  brain injury with care and a level of training and supervision that is based
				  upon the documented needs and wishes of the individuals placed in the
				  residence.
"Community residence for individuals with developmental
				  disabilities" means any community residential facility housing up to 16
				  individuals with developmental disabilities that also provides food, shelter,
				  personal guidance, and/or training. Such residences shall not be considered
				  health care facilities within the meaning of the Health Care Facilities
				  Planning Act, P.L.
				  1971, c. 136 (N.J.S.A. 26:2H-1 et seq.), and shall
				  include, but not be limited to, group homes, halfway houses, supervised
				  apartments, hostels, and community care residences (formerly skill development
				  homes, family care homes, and respite homes). Such residences shall not be
				  located on the grounds or immediately adjacent to public institutions serving a
				  similar population.
"Community Services" means a component of the Division of
				  Developmental Disabilities that provides housing and supportive services, work
				  and training programs to individuals with developmental disabilities and
				  traumatic brain injuries who are residing in the community.
"Confidentiality" means maintaining records of individuals in
				  a secure manner pursuant to State and Federal law so that no unauthorized
				  persons have access to the contents therein.
"Danielle's Law" means
				  30:6D-5.1 and the rules
				  promulgated thereunder, N.J.A.C. 10:42A, which requires any person working with
				  individuals with developmental disabilities or traumatic brain injury at a
				  community care residence or other facility for persons with developmental
				  disabilities or persons with traumatic brain injuries to call 911 in the event
				  of a life-threatening emergency.
"Day activities" means an organized schedule for an
				  individual or program of education, habilitation, and/or rehabilitation,
				  engaged in by that individual or said individual's employment in the
				  community.
"Department" means the Department of Human Services.
"Development agency" means an agency, under contract with the
				  Department, which recruits, trains, and supports licensees that operate
				  community care residences.
"Developmental disability" means a severe, chronic disability
				  of a person, which:
1. Is attributable
				to a mental or physical impairment or combination of mental or physical
				impairments;
2. Is manifest before
				age 22;
3. Is likely to continue
				indefinitely;
4. Results in
				substantial functional limitations in three or more of the following areas of
				major life activity: self-care, receptive and/or expressive language, learning,
				mobility, self-direction, capacity for independent living, and economic
				self-sufficiency; and
5. Reflects
				the need for a combination and sequence of special interdisciplinary or generic
				care, treatment, or other services which are of life-long or extended duration
				and are individually planned and coordinated.
"Division" means the Division of Developmental Disabilities,
				  within the Department.
"Domicile" means the permanent, established residence of the
				  applicant or licensee.
"Exploitation" means any willful, unjust, or improper use of
				  an individual or their resources for the benefit, profit, or advantage of
				  another and/or condoning and/or encouraging the exploitation of said individual
				  by another person. Examples of exploitation include, but are not limited to,
				  appropriating, borrowing, or taking without authorization, personal
				  property/funds belonging to the individual or requiring the latter to perform
				  functions or activities that are normally conducted by persons employed by or
				  contracted with the Division or other agencies, or the performance of which are
				  done solely for the convenience of others.
"Falsification" means intentionally making a record or a
				  document false, giving a false appearance to a record or a document, or making
				  a false statement.
"Family" means the licensee's spouse, siblings, parents,
				  stepparents, children, stepchildren, adopted children, grandchildren,
				  great-grandchildren, grandparents, cousins, nephews, nieces, aunts, uncles,
				  civil union partners, and domestic partners.
"Firearm" means any firearm as defined in
				  13:54-1.2.
"Guardian" means a person or agency appointed by a court of
				  competent jurisdiction to make decisions on behalf of an individual determined
				  by a court to lack decision-making capacity in certain areas, as set forth at
				  N.J.S.A. 3B:12-24.1.
"Habilitation" means services designed to assist individuals
				  with developmental disabilities in acquiring, retaining, and improving the
				  self-help, socialization, and adaptive skills necessary to function
				  successfully in residential-, day-program-, and other-community-based settings.
				  Habilitation services are long-term supports usually provided to individuals
				  with developmental disabilities that are distinguished from rehabilitation
				  services in terms of length of treatment, goals of treatment, and recipient of
				  treatment.
"Individual" means a person with developmental disabilities
				  or a person with traumatic brain injury residing in a licensed community
				  residence and who receives services from the Department. "Individual with
				  developmental disabilities" or "individual with traumatic brain injury" will be
				  used as necessary to distinguish between such persons and others, such as staff
				  of the agency or staff of the Division or the Department.
"Interdisciplinary team" (IDT) means a group that shall
				  minimally consist of the individual receiving services, the plan coordinator,
				  the legal guardian, and/or the Division case manager. IDT members may include
				  the parents or family member at the preference of the individual or guardian.
				  In addition, IDT members may include: advocates and friends, those persons who
				  work most directly with the individual, and professionals and representatives
				  of service areas, who are relevant to the identification of the individual's
				  needs and preferences and the design and evaluation of programs to meet
				  them.
"Interferon Gamma Release Assay (IGRA)" means a blood test to
				  identify or rule out infection with M. tuberculosis. Only FDA-approved IGRAs,
				  such as QuantiFERON-TB Gold or T-Spot.TB, are acceptable.
"License" means the authorization issued by the Department
				  for a period of up to one year to operate a community residence providing
				  services to individuals with developmental disabilities or traumatic brain
				  injuries. A license can be denied, revoked, suspended, or can be placed on
				  provisional status by the Department for violations of minimum standards
				  promulgated herein.
"Licensee" means one or more adults, age 18 or older,
				  otherwise known as providers, responsible for the overall operation of the
				  community care residence and who are named on the license.
"Medication" means all medications, medicated creams,
				  vitamins, treatments, and supplements prescribed by a physician.
"Negative licensing sanction" means an action taken, which
				  imposes a restriction on a licensee and includes, but is not limited to:
				  suspension of admissions into the residence, issuance of a provisional license,
				  reduction in the licensed capacity of the residence, reduction in the licensure
				  term of the residence, non-renewal of the license, suspension of the license,
				  or revocation of the license.
"Neglect" means any of the following acts by a caregiver on
				  an individual with a developmental disability: willfully failing to provide
				  proper and sufficient food, clothing, maintenance, medical care, or a clean and
				  proper home; or failure to do or permit to be done any act necessary for the
				  wellbeing of an individual with a developmental disability.
"Non-compliance" means that an applicant or licensee has not
				  complied with this chapter.
"Office of Auditing" means the unit of the Department of
				  Human Services responsible for performing audits and reporting on findings
				  within generally accepted auditing standards, government auditing standards, or
				  both, and/or Federal and State laws.
"Office of Licensing" or "Office" means the licensing agency,
				  which is that component of the Department of Human Services responsible to
				  inspect and license programs pursuant to this chapter.
"Outcome" means a written statement of attainable,
				  behavioral, or service objectives expected to be achieved partially or
				  completely within the year the service plan is in effect. Outcomes must be
				  related to the personal needs and preferences of the individual.
"Pattern of non-compliance" means a pattern of recurrences of
				  licensing violations over time.
"Person" means a human being, as opposed to a corporation (an
				  "artificial" or "legal" person).
"Personal guidance" means the assistance provided to an
				  individual or boarder in activities of daily living because he or she routinely
				  requires assistance in completing these activities; and/or cannot direct
				  someone to complete such activities when physical handicaps prevent
				  self-completion; or there is a documented health or mental health problem
				  requiring supervision of the person for the protection of the individual or
				  others. In the absence of a court determination, the IDT shall determine the
				  need for personal guidance for each individual.
"Physical abuse" means a physical act directed at an
				  individual of a type that may cause, or actually causes, pain, injury, anguish,
				  and/or suffering. Such acts include, but are not limited to: restraining,
				  kicking, pinching, biting, punching, slapping, hitting, pushing, and/or
				  striking with a thrown or held object.
"Placing agency" means the Division, or an agency under
				  contract with the Division, that recruits, trains, and/or supports licensees
				  that operate community care residences and is responsible for the placement of
				  and payment for an individual in a community care residence.
"Plan of correction" (POC) means the written response from
				  the licensee to the Office of Licensing addressing identified
				  non-compliance.
"Plan coordinator" means a person designated to coordinate
				  the development of the individual's service plan.
"Provisional license" means that authorization to operate
				  issued to new homes or used to prompt corrective actions in existing homes. A
				  provisional license shall be for less than 12 months.
"Respite care program" means the provision of room, board,
				  and personal guidance services, on a temporary basis not to exceed 30 days
				  without placing agency approval, in a licensed community care residence.
"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/or
				  agency responsible for its implementation. The complexity of the service plan
				  will vary according to the individual's interests, preferences, and needs. The
				  service plan format must be Division-approved and can include, but shall not be
				  limited to: individual habilitation plan (IHP); essential lifestyle plan (ELP);
				  or individual service plan (ISP).
"Sexual abuse" means any act of a sexual nature, which may
				  include, but is not limited to: acts of lewdness, touching, or contact with
				  private body areas for the purpose of sexual arousal, gratification, sexual
				  molestation, sexual exploitation, or sexual penetration by a person with an
				  individual with a developmental disability, which is non-consensual or for
				  which the developmentally disabled person lacks the capacity to consent, by one
				  or more parties. Any form of sexual contact or activity between a licensee or
				  service provider and an individual with a developmental disability, absent
				  marriage, domestic partnership, or civil union, is sexual abuse, regardless of
				  whether the individual with a developmental disability gives consent or the
				  service provider is on or off duty.
"Skill development program" means care and training conducted
				  in accordance with a service plan and overseen by the case manager, provided in
				  a private home or apartment to developmentally disabled persons by an adult
				  person or family under contract with the Department as a community care
				  residence.
"Substantial non-compliance" means that a licensee's failure
				  to meet licensing requirements directly endangers the health, safety, or
				  welfare of an individual or individuals, when the unmet requirements exist in
				  significant number; when the degree of the condition(s) is severe; when one or
				  more requirements have been left unmet with great frequency; and/or when the
				  terms of the license have been violated.
"Terms of the license" means the capacity of the licensed
				  venue, the named licensee(s), the Vendor Identification Number (VID #), the
				  licensee's address, and the dates during which the license is effective.
"Traumatic brain injury" means an acquired injury to the
				  brain, but does not include brain dysfunction caused by congenital or
				  degenerative disorders, nor birth trauma, but may include brain injuries caused
				  by anoxia due to trauma.
"Uniform Construction Code" refers to the statutory
				  provisions contained in
				  52:27D-119 et seq. and its
				  regulatory scheme contained in N.J.A.C. 5:23.
"Unusual incident" means an occurrence involving the care,
				  supervision, or actions of an individual that is adverse in nature or has the
				  potential to have an adverse impact on the health, safety, and the welfare of
				  the individual or others. Unusual incidents shall include, but are not limited
				  to: abuse, neglect, assault, contraband, criminal activity, Danielle's Law
				  violations, death, exploitation, injury, medical incidents, unauthorized
				  restraint use, violation of rights, sexual assault or contact, suicide attempt,
				  elopement (criminal or non-criminal status), and operational breakdown.
"Variance" means recognition that the licensee has complied
				  with the intent of a standard in a Department-approved alternative manner,
				  which is requested, in writing, by the licensee and granted, in writing, by the
				  Office of Licensing.
"Verbal abuse, psychological abuse, or mistreatment" means
				  any verbal or non-verbal acts, conditions, or omission of acts or conditions
				  that may have or have had a negative impact on an individual and/or may inflict
				  or have inflicted emotional harm, mental distress, fear, and/or humiliation,
				  intimidation, degradation, or is demeaning to a person with a developmental
				  disability. The latter types of abuse or mistreatment include, but are not
				  limited to: teasing, cursing, yelling, name-calling, bullying, and utterances
				  of racial slurs, threats, intimidating gestures, and verbal assault.
"Waiver" means the temporary suspension of a standard, which
				  is requested, in writing, by the licensee and is granted, in writing, by the
				  Office of Licensing.
"Willful non-compliance" exists when the applicant or
				  licensee has knowledge of conditions that are in violation of licensing rules
				  and/or terms of the license, has been advised of the consequences of not
				  achieving compliance, and has not achieved compliance after being given an
				  adequate opportunity to do so.