reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 121 - LICENSURE STANDARDS FOR MENTAL HEALTH PROGRAMS › Subchapter 1 - LICENSURE OF MENTAL HEALTH PROGRAMS › Section 8:121-1.1 - Scope and purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of this
				subchapter is to establish licensure and fee requirements applicable to certain
				providers of community mental health services.
(b) No mental health program shall operate, unless
				it is licensed by the Commissioner of the Department of Health as a mental health
				program and has a purchase of service contract or an affiliation agreement with the
				Division of Mental Health and Addiction Services or is licensed by the Commissioner
				of the Department of Health as a health care facility.
1. A mental health program licensed by the
				Department shall be subject to the provisions of this chapter, including regulatory
				standards compliance inspections by the Department.
2. "Mental health program" means a program of
				mental health services not licensed by the Department as a health care facility and
				which is subject to rules adopted by the Department and is provided by either:
i. An agency which has a purchase of service
				contract or affiliation agreement with the Division;
ii. A mental health clinic as defined by the
				Division of Medical Assistance and Health Services (DMAHS) at N.J.A.C. 10:66-1 and
				2.5; or
iii. An entity which provides
				outpatient, ambulatory, or other nonresidential, non-inpatient mental health
				service(s).
3. Mental health
				program(s) may be public or private, incorporated or unincorporated, and for profit
				or not for profit.
4. Provisions of this
				chapter shall not apply to:
i. Licensure provisions
				regarding supervised residences for adults with mental illness which can be found at
N.J.A.C. 10:37A
;
ii.
				Licensed, independent practitioner(s), including group practices;
iii. Screening and screening outreach programs
				designated pursuant to
				30:4-27.4 and
				N.J.A.C. 10:31;
iv. Programs providing
				specialized services, some of which may be similar in nature to those that are the
				subject of this chapter, but are designed to primarily address problems of
				alcoholism or substance abuse disorders, organic brain syndromes, developmental
				disabilities, medical conditions, or victim-related conditions, such as domestic
				violence or rape;
v. Counseling services
				provided by clergy of any faith-based denomination of an established and legally
				cognizable church denomination or sect within the scope of the person's ministerial
				duties; and
vi. A mental health program
				licensed by the Department as a health care facility, provided that each site of
				such program holds a separate Department license or is specified on the main
				facility's Department license.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 121 - LICENSURE STANDARDS FOR MENTAL HEALTH PROGRAMS › Subchapter 1 - LICENSURE OF MENTAL HEALTH PROGRAMS › Section 8:121-1.3 - Level I standards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following
				rules shall be Level 1 standards for mental health programs:
1. Consumer rights at
				10:37-4.5(b), (c), (f), and
				(h);
2. Consumer complaint/agency ombuds procedure at
				10:37-4.6(b);
3. Medication education and counseling at
				10:37-6.53(a), (b),
				(c) and (e);
4. Environment at
				10:37D-2.5(a);
5. Qualification of clinical staff at
				10:37D-2.13(a);
6. Staffing requirements for outpatient services
				at
				10:37E-2.6(a);
7. Therapeutic environment for partial care
				services at N.J.A.C. 10:37F- 2.9;
8.
				Staffing requirements for partial care services at N.J.A.C. 10:37F- 2.10;
9. Staffing requirements for family support
				services at N.J.A.C. 10:37F- 5.9(b);
10.
				Program intensity requirements for programs of assertive community treatment (PACT)
				at
				10:37J-2.4;
11. Services to be provided and service
				coordination requirements for PACT at
				10:37J-2.5;
12. Termination and discharge requirements for
				PACT at
				10:37J-2.7;
13. Staff requirements for PACT at
				10:37J-2.8;
14. Staffing requirements for children's partial
				care programs at
				10:191-1.11(a);
15. Staffing responsibilities for children's
				partial care programs at
10:191-1.12(b)
, (d), (f), and (h);
16.
				Staffing requirements for youth case management services at
10:37H-2.10(b)
, (c), and (e);
17. Staffing
				requirements for community support services at
10:37B-5.1
and
5.2
; and
18. Program elements required to comply with
10:37B-2.3(b)
and
4.1(a)
.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 121 - LICENSURE STANDARDS FOR MENTAL HEALTH PROGRAMS › Subchapter 1 - LICENSURE OF MENTAL HEALTH PROGRAMS › Section 8:121-1.4 - Licensure process

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All applications,
				fee payments, and inquiries related to licensure of mental health programs shall be
				submitted to the Director, and, if applicable, made payable to the Treasurer, State
				of New Jersey.
(b) Mental health
				programs which intend to become licensed shall complete an application for licensure
				indicating the type(s) of mental health program(s) provided, and the specific
				location and addresses where the mental health program(s) is or will be provided.
1. The mental health program shall complete all
				information and provide documentation requested on the license
				application.
2. The mental health
				program requesting licensure shall demonstrate the capacity to operate the mental
				health program in accordance with Department rules.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 121 - LICENSURE STANDARDS FOR MENTAL HEALTH PROGRAMS › Subchapter 1 - LICENSURE OF MENTAL HEALTH PROGRAMS › Section 8:121-1.5 - Licensure fee schedule for ambulatory mental health programs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All providers applying for an initial license
				for a program not licensed by the State of New Jersey as of July 1, 2003 shall pay
				an application fee of $ 575.00. Checks shall be made payable to the " Treasurer,
				State of New Jersey." Providers are not required to pay an application fee for
				programs that were licensed pursuant to this subchapter as of July 1,
				2003.
(b) Providers shall pay, on an
				annual basis, licensure renewal fees in accordance with the following schedule:
1.
Renewal fee for each program element
$ 575.00
2.
Fee for every additional program or site license within
						each
$ 287.50
program element
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 121 - LICENSURE STANDARDS FOR MENTAL HEALTH PROGRAMS › Subchapter 1 - LICENSURE OF MENTAL HEALTH PROGRAMS › Section 8:121-1.6 - Applicable standards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For the purpose
				of the licensure standards contained in this chapter or other chapters incorporated
				by reference, whenever the phrase "State funded" programs is encountered, it shall
				no longer be understood to apply only to State funded entities. Instead, the
				applicable standards shall also apply to non-State funded mental health programs
				which provide the services indicated in (b), (c) and (e) below.
(b) Mental health programs shall comply with the
				applicable standards for the following mental health services that they provide:
1. Youth partial care services (YPC) at N.J.A.C.
				10:191;
2. Outpatient services (OP) at
				N.J.A.C. 10:37E;
3. Partial care
				services (PC) at N.J.A.C. 10:37F;
4.
				Youth case management (YCM) at N.J.A.C. 10:37H;
5. Intensive family support services (IFSS) at
N.J.A.C. 10:37I
;
6.
				Programs of assertive community treatment (PACT) at
N.J.A.C.
				10:37J
; and
7. Community
				support services for adults with mental illness (CSS) at
N.J.A.C.
				10:37B
.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 121 - LICENSURE STANDARDS FOR MENTAL HEALTH PROGRAMS › Subchapter 1 - LICENSURE OF MENTAL HEALTH PROGRAMS › Section 8:121-1.7 - Site reviews

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Site reviews shall
				be conducted for each separate site location, including the location where
				medications and/or service records are maintained, for every mental health program.
1. Licensing reviews shall minimally occur every
				three years.
2. Site reviews shall occur
				prior to licensing any new mental health program and/or site.
3. Site reviews may occur on an announced or
				unannounced basis at any time. The purpose of the site review may include, but not
				be limited to, investigation of a complaint or incident, assessment of the facility
				or facility improvement, or review of policies, procedures and/or clinical
				records.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 121 - LICENSURE STANDARDS FOR MENTAL HEALTH PROGRAMS › Subchapter 1 - LICENSURE OF MENTAL HEALTH PROGRAMS › Section 8:121-1.8 - Types of licensure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Mental health
				programs will receive a full license if:
1. They
				pay the fee required at N.J.A.C. 8:121-1.5; and
2. A Department site review determines the program
				complies with all Level I and the majority of Level II
				standards.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 121 - LICENSURE STANDARDS FOR MENTAL HEALTH PROGRAMS › Subchapter 1 - LICENSURE OF MENTAL HEALTH PROGRAMS › Section 8:121-1.9 - Waiver

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Waivers of specific
				rules shall be considered, at the discretion of the Department, provided that, in
				the opinion of the Director, the waiver is justified as outlined below, would not
				impair the effective and efficient provision of mental health services within the
				system of care, and would not endanger or adversely affect the life, safety, or
				welfare of clients.
(b) Requests for
				waiver shall be made in writing to the Director. The written request for waiver
				shall include the following:
1. The specific
				rule(s) or part(s) of the rule(s) for which the waiver is requested;
2. Reasons for requesting a waiver, including a
				statement of the type or degree of hardship that would result to the program if a
				waiver were not granted;
3. Clear
				clinical or programmatic justification for such a waiver; and
4. Documentation to support the request of
				waiver.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 121 - LICENSURE STANDARDS FOR MENTAL HEALTH PROGRAMS › Subchapter 1 - LICENSURE OF MENTAL HEALTH PROGRAMS › Section 8:121-1.10 - License renewal or revocation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) License renewal
				for a mental health program shall be based on a Department licensing site review
				every three years to determine that the program continues to meet Department
				standards.
(b) A mental health program
				seeking renewal of its license shall submit a fee, in accordance with the schedule
				at N.J.A.C. 8:121-1.5 to the Director.
(c) The Director or designee shall make the
				determination of renewal based on results of the licensing site review.
(d) In the event that a license expires prior to
				the triennial licensing review, the license shall remain in effect until the
				licensing site review is completed.
(e)
				The Department may revoke the license, or refuse to renew the license, if the mental
				health program is not in compliance with licensing rules; does not submit the
				licensure renewal fee; or if continued operation of the mental health program
				presents an imminent danger to the health, safety or welfare of any client; or for
				failure to submit the specified written response to a site review report by the
				required date; or for failure to correct any identified area of non-compliance
				within the time frame approved by the Department in the notice of
				non-compliance.
(f) The Department may,
				in lieu of revocation or refusal to renew a license, issue a conditional license
				and/or elect other administrative sanctions to include, but not be limited to,
				prohibiting the mental health program from continuing to admit clients, or requiring
				the removal/relocation/referral of clients to other licensed provider(s).
(g) In the event that the Department revokes or
				does not renew the license, the Director shall send written notice to the mental
				health program's chief executive officer or designee and to the mental health
				program's board of directors or owners indicating the basis for the revocation or
				non-renewal and the rights to a review as provided at N.J.A.C. 8:121-1.11 and an
				administrative hearing as provided at N.J.A.C. 8:121-1.12.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 121 - LICENSURE STANDARDS FOR MENTAL HEALTH PROGRAMS › Subchapter 1 - LICENSURE OF MENTAL HEALTH PROGRAMS › Section 8:121-1.11 - Review of administrative determinations

Current through Register Vol. 56, No. 14, July 15, 2024
Whenever licensure is denied, revoked, or not renewed and the
				  mental health program disputes the basis of the action, the mental health program
				  may apply to the Director for a review and an agency decision shall be rendered
				  within 30 days of the receipt of the written request for a review.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 121 - LICENSURE STANDARDS FOR MENTAL HEALTH PROGRAMS › Subchapter 1 - LICENSURE OF MENTAL HEALTH PROGRAMS › Section 8:121-1.12 - Administrative hearing of appeal

Current through Register Vol. 56, No. 14, July 15, 2024
If the mental health program chooses to appeal an agency decision
				  made pursuant to these rules, the mental health program may request an
				  administrative hearing, which shall be conducted pursuant to the Administrative
				  Procedure Act,
				  52:14B-1 et seq. and
				  52:14F-1 et seq., and the Uniform Administrative Procedure Rules at N.J.A.C.
				  1:1.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 131 - SPECIAL TREATMENT UNITS › Subchapter 1 - GENERAL PROVISIONS › Section 8:131-1.1 - Authority

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Commissioners of
				the Department of Health and the Department of Corrections hereby establish
				regulations regarding the custody, care, control, and treatment of sexually violent
				predators who have been involuntarily civilly committed to a secure facility
				pursuant to the Sexually Violent Predator Act (SVPA) at
				N.J.S.A. 30:4-27.24 et
				seq.
(b) The Division of Behavioral
				Health Services (DBHS) in the Department of Health shall provide or arrange for sex
				offender treatment of persons committed pursuant to the SVPA.
(c) The Department of Corrections shall be
				responsible for the operation of any facility designated for the custody, care,
				control and treatment of sexually violent predators, and shall provide or arrange
				for the custodial and medical care of persons committed pursuant to the
				SVPA.
(d) Appropriate representatives of
				the Departments of Health and Corrections shall participate in an interagency
				oversight board to facilitate the coordination of the internal management procedures
				and policies of the facility.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 131 - SPECIAL TREATMENT UNITS › Subchapter 1 - GENERAL PROVISIONS › Section 8:131-1.2 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The rules in this
				chapter are jointly promulgated by the Department of Health and the Department of
				Corrections to implement
				N.J.S.A. 30:4-27.24 et
				seq., and to establish provisions for:
1. The
				custody, care, control, and treatment of involuntarily civilly committed sexually
				violent predators who are housed in a secure facility operated by the Department of
				Corrections, with custodial care provided or arranged for by the DOC and sex
				offender treatment services provided by, or arranged for by the DBHS in the
				Department of Health;
2. A secure
				environment for involuntarily civilly committed sexually violent predators which
				encourages participation in sex offender treatment;
3. The establishment of Special Treatment Unit
				internal management procedures and policies that include the provisions of this
				chapter;
4. A requirement that a
				Residents' Guide to the Special Treatment Unit is developed, maintained and provided
				to all residents;
5. The rights of
				residents in a secure facility for the custody, care, control and treatment of
				involuntarily civilly committed sexually violent predators;
6. Personal property;
7. Search of residents and facilities in order to
				control and deter contraband and to facilitate sex offender treatment;
8. Testing for prohibited substances;
				and
9. Appropriating expenditures of
				resident welfare funds.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 131 - SPECIAL TREATMENT UNITS › Subchapter 1 - GENERAL PROVISIONS › Section 8:131-1.3 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
This chapter shall be applicable to the operations of any secure
				  facility designated for the custodial care of persons who have been involuntarily
				  civilly committed as sexually violent predators.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 131 - SPECIAL TREATMENT UNITS › Subchapter 1 - GENERAL PROVISIONS › Section 8:131-1.5 - Special Treatment Unit internal management policies and procedures

Current through Register Vol. 56, No. 14, July 15, 2024
The DBHS Clinical Director and the DOC Administrator, or their
				  designees, shall develop and maintain written policies and procedures for the
				  operation of the program and facility, consistent with this
				  chapter.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 131 - SPECIAL TREATMENT UNITS › Subchapter 2 - RIGHTS OF RESIDENTS › Section 8:131-2.1 - Rights of residents

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Subject to the
				Sexually Violent Predator Act (SVPA), and any other provisions of law and the
				Constitution of New Jersey and the United States, a resident shall not be deprived
				of a civil right solely by reason of receiving treatment under the provisions of the
				SVPA. Treatment shall not modify or vary legal or civil rights including but not
				limited to, the right to register for and to vote in elections, or rights relating
				to the granting, forfeiture, or denial of a license, permit, privilege, or benefit
				pursuant to any law, except those rights related to providing a safe, secure
				facility or any appropriate concern.
(b)
				Every resident shall be entitled to all rights set forth in the SVPA and shall
				retain all rights not specifically denied in the SVPA.
1. A notice of the rights set forth in this
				subchapter shall be prominently posted in the STU and shall be given to every
				resident within five business days of the resident's admission;
2. The notice shall be in writing and in
				reasonably simple and understandable language;
3. For illiterate residents, residents not
				sufficiently conversant with the English language, or residents otherwise unable to
				read due to a physical/medical inability, an alternative method of communication,
				shall be provided explaining the notice of rights; and
4. The resident shall acknowledge receipt of this
				notice in writing and a staff member shall place a copy of this written receipt in
				the resident's files maintained by the Departments of Health and Corrections. If the
				resident refuses to acknowledge receipt of the notice, the person delivering the
				notice shall make a notation of the refusal on the receipt and a copy of the receipt
				shall be placed in the resident's files maintained by the Departments of Health and
				Corrections.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 131 - SPECIAL TREATMENT UNITS › Subchapter 2 - RIGHTS OF RESIDENTS › Section 8:131-2.2 - Resident rights not subject to denial

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each resident shall
				have the following rights which shall not be denied under any circumstances:
1. The right to be free from unnecessary or
				excessive medication in accordance with pertinent statutes, standards of medical
				practice acceptable within the professional community, and applicable internal
				management procedures and/or policies;
2. The right not to be subjected to experimental
				research or treatment except as provided by court order, consent decree, or other
				legal process and with the expressed and informed consent of the resident after
				consultation with counsel or interested party of the resident's choice. Such consent
				shall be made in writing, a copy of which shall be placed in the appropriate file of
				the resident maintained by the Departments of Health and Corrections;
3. The right to confidential communications with
				the resident's attorney or the courts. The right to confidential communications with
				the resident's physician, except to the extent that communications are relevant to
				proceedings under the SVPA as determined by the court;
4. The right to be free from corporal punishment;
				and
5. The right to receive essential
				medical treatment as recommended by the health care provider.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 131 - SPECIAL TREATMENT UNITS › Subchapter 2 - RIGHTS OF RESIDENTS › Section 8:131-2.3 - Resident rights subject to denial

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each resident shall
				have the following rights, which may be curtailed, suspended, or denied in
				accordance with internal management procedures and policies, and pursuant to
				N.J.A.C. 8:131-2.4(10A:35-2.4) when Department of Health clinical staff determines
				that such restrictions are consistent with the therapeutic goals of the resident, or
				when Department of Corrections staff determines that such restrictions are necessary
				to protect the resident, other residents, staff, general public, or property, or to
				ensure the safe, secure, and orderly operation of the facility, or for other good
				cause:
1. The right to privacy except as
				established at N.J.A.C. 8:131-4(10A:35-4) and the right to dignity;
2. The right to be free from unnecessary physical
				restraint; except for those situations where a resident has caused substantial
				property damage, has attempted or shown through threatening gestures or behaviors a
				substantial or imminent threat to harm self or others, or when other good cause
				exists indicating that less restrictive means of restraint are not feasible as
				determined by the Department of Corrections. In such an emergent situation, a
				resident may be physically restrained or placed in TCC or MAP status as defined in
				this chapter;
3. The right to the least
				restrictive conditions within the secure facility necessary to achieve the purposes
				of sex offender treatment that is recommended by the treatment team and necessary to
				ensure the safety of the residents, staff and the general public;
4. The right to wear his or her own clothes within
				the facility, pursuant to internal management procedures and/or policies applicable
				to all residents and based on safety and security concerns; to keep and use
				permissible personal property; and to have access to, and be allowed to spend a
				reasonable sum of his or her money for commissary or other purchases;
5. The right to have individual space for storage
				use;
6. The right to see visitors during
				regularly scheduled visit periods;
7.
				The right to have reasonable access to, and use of, telephones to have unmonitored
				conversations;
8. The right to have
				access to the purchase of letter writing materials, including stamps;
9. The right to send and receive
				correspondence;
10. The right to
				participate in physical exercise on a regularly scheduled basis;
11. The right to be outdoors at regular and
				frequent intervals, in the absence of medical considerations; and
12. The right to freedom of religious affiliation
				and voluntary religious worship; however, reasonable restrictions based upon the
				safe, secure, orderly operation of the facility may be imposed.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 131 - SPECIAL TREATMENT UNITS › Subchapter 2 - RIGHTS OF RESIDENTS › Section 8:131-2.4 - Denial of a resident right

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The denial of a
				right established at N.J.A.C. 8:131-2.3(10A:35-2.3) shall be effective upon the
				approval of the DBHS Clinical Director or designee and/or the DOC Administrator or
				designee for a period not to exceed 30 calendar days, unless extended pursuant to
				N.J.A.C. 8:131-2.5(10A:35-2.5).
(b) The
				reason for the denial of the right shall be documented by the DBHS Clinical Director
				or designee and/or by the DOC Administrator or designee. The reason shall be
				provided to the resident, and entered in the resident's files maintained by the
				Departments of Health and Corrections as soon as practicable, within 72 hours after
				the denial is implemented.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 131 - SPECIAL TREATMENT UNITS › Subchapter 2 - RIGHTS OF RESIDENTS › Section 8:131-2.5 - Continuation of the denial of a resident right

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The denial of any
				right may be continued for additional 30 calendar day periods when reviewed and
				approved by the DBHS Clinical Director or designee. The DOC Administrator or
				designee may be consulted as deemed appropriate by the DBHS Clinical Director or
				designee.
(b) A written statement
				indicating the detailed reason(s) for the continuation of the denial of the right(s)
				shall be provided to the resident by the DBHS Clinical Director or DOC Administrator
				or their designees, and entered in the resident's files maintained by the
				Departments of Health and Corrections as soon as practicable.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 131 - SPECIAL TREATMENT UNITS › Subchapter 2 - RIGHTS OF RESIDENTS › Section 8:131-2.6 - Emergency denial of a resident right

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Resident rights
				established at N.J.A.C. 8:131-2.3(10A:35-2.3) may be denied in an emergency
				situation for a period not to exceed 72 hours in any instance in which the DBHS
				Clinical Director or DOC Administrator or their designees believe it is imperative
				to deny any right to avoid physical harm to the resident, other residents, staff,
				general public, property, or to ensure the safe, secure, and orderly operation of
				the facility.
(b) The emergency denial
				of a resident right shall take effect immediately. A written notice of the denial,
				which shall include an explanation of the reason for the denial, shall be given to
				the resident and placed in the resident's files maintained by the Departments of
				Health and Corrections as soon as practicable.
(c) The DBHS Clinical Director and DOC
				Administrator or their designees shall review each emergency denial of a right
				within 24 hours of the decision and shall place a written notice of the review in
				the resident's files maintained by the Departments of Health and Corrections within
				24 hours of the review, excluding weekends and holidays.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 131 - SPECIAL TREATMENT UNITS › Subchapter 3 - PERSONAL PROPERTY › Section 8:131-3.1 - Permissible and non-permissible property

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The resident shall
				be responsible for his or her own personal property and shall keep personal property
				at his or her own risk.
(b) The unit DOC
				Administrator or designee shall develop a written list of permissible personal
				property items and the number of permissible personal property items which may be
				retained in the possession of the resident.
(c) In the event an item is determined to be
				non-permissible or counter therapeutic, that item shall be removed from the
				possession of the resident and handled in accordance with resident personal property
				internal management procedures. For purposes of this section, non-permissible
				property means property that does not appear on the permissible property list, or
				exceeds the amount indicated on that list.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 131 - SPECIAL TREATMENT UNITS › Subchapter 3 - PERSONAL PROPERTY › Section 8:131-3.2 - Handling of personal property confiscated within a Special Treatment Unit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When a resident
				arrives at a Special Treatment Unit reception area with items of personal property
				not authorized for retention or possession, the items shall be
				confiscated.
(b) The staff member making
				the confiscation shall give the resident an itemized, signed, and dated receipt for
				the property confiscated, and shall notify the resident that such items are not
				permitted, and that the resident has three business days, from the date of the
				confiscation, to appeal the classification of any or all items as non-permissible by
				submitting a grievance to the individual designated to process grievances, with the
				DOC Administrator or DBHS Clinical Director or their designees having final
				decision-making authority.
1. If it is determined
				that any or all of the items confiscated are permissible, they shall be returned to
				the resident.
2. If it is determined
				that any item is not permitted, the resident shall be given three business days to
				indicate which of the following means of disposal should be used with respect to the
				property. The property shall be:
i. Mailed to a
				designated relative or friend of the resident at the resident's expense;
ii. Given to a visitor for disposal;
iii. Donated by the resident to a charitable
				organization at the resident's expense; or
iv. Destroyed at the resident's request.
3. If the resident fails to indicate
				the desired disposition, the property shall be disposed of at the option of the DOC
				Administrator or DBHS Clinical Director.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 131 - SPECIAL TREATMENT UNITS › Subchapter 4 - SEARCHES OF RESIDENTS AND SPECIAL TREATMENT UNITS BY DOC CUSTODY STAFF › Section 8:131-4.1 - Search plan

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Residents and facilities may be searched as
				provided by this subchapter for the purpose of controlling and deterring the
				introduction and concealment of contraband and to further the therapeutic
				goals.
(b) The facility shall develop
				and implement a comprehensive written search plan governing untargeted routine and
				random searches of residents and units. Each search plan shall be submitted to the
				Office of the Commissioner or designee, Department of Corrections for review and
				approval on or before February 15 of each year.
(c) The facility shall appoint a custody staff
				member of the rank of Correction Major as unit Search Plan Coordinator.
(d) The facility Search Plan Coordinator shall
				submit monthly data to the DOC Administrator or designee and the Indicator Report
				Coordinator. The data shall include, but not be limited to, information regarding
				searches completed and contraband recovered. The reported data shall be included in
				the Monthly Indicator Report.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 131 - SPECIAL TREATMENT UNITS › Subchapter 4 - SEARCHES OF RESIDENTS AND SPECIAL TREATMENT UNITS BY DOC CUSTODY STAFF › Section 8:131-4.2 - Searches of residents and facilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All facility
				residential, work, therapy, training, visit and other areas to which residents have
				access shall be searched thoroughly for contraband on a routine and random basis.
				Searches shall be unannounced and irregularly timed, and may be limited to a
				specific building or area.
(b)
				Procedures to be utilized in conducting searches consistent with this subchapter
				shall be set forth in an internal management procedure prepared by the DOC
				Administrator or designee to be promulgated pursuant to the search plan required by
				N.J.A.C. 8:131-4.1(10A:35-4.1). Such procedures shall provide that a resident may be
				excluded from entry into an area being searched to facilitate the safe and effective
				performance of the search.
(c) Searches
				of residents shall be conducted in a professional and dignified manner, with maximum
				courtesy and respect for the resident's person, and under sanitary
				conditions.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 131 - SPECIAL TREATMENT UNITS › Subchapter 4 - SEARCHES OF RESIDENTS AND SPECIAL TREATMENT UNITS BY DOC CUSTODY STAFF › Section 8:131-4.3 - Inspection of security devices

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All bars and sashes,
				locks, windows, doors, lock boxes and other security devices shall be inspected
				daily to detect any tampering or defect.
(b) Emergency keys shall be checked at least once
				every three months to determine that they work properly.
(c) Inspection of security devices shall be
				conducted continuously and systematically but scheduled to avoid an observable or
				predictable routine. The results of all inspections shall be submitted in writing to
				the shift commander for review by a Correction Major.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 131 - SPECIAL TREATMENT UNITS › Subchapter 4 - SEARCHES OF RESIDENTS AND SPECIAL TREATMENT UNITS BY DOC CUSTODY STAFF › Section 8:131-4.4 - Use of scanning/testing devices

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Searches of
				residents, areas and objects by the use of scanning/testing devices may be conducted
				by custody staff routinely and randomly where necessary for security and therapeutic
				purposes. This may be, but is not limited to, a walk-through device or a handheld
				device which is passed over the fully clothed body of the resident.
(b) Scanning/testing device searches of residents
				may be conducted by male or female custody staff members or scanning/testing device
				operators.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 131 - SPECIAL TREATMENT UNITS › Subchapter 4 - SEARCHES OF RESIDENTS AND SPECIAL TREATMENT UNITS BY DOC CUSTODY STAFF › Section 8:131-4.5 - Canine searches

Current through Register Vol. 56, No. 14, July 15, 2024
All residents and their possessions, and all Special Treatment
				  Unit areas, objects and properties are subject to routine and random searches by
				  canine teams, specially trained to discover and indicate to the handler(s) the
				  presence of various substances and/or materials.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 131 - SPECIAL TREATMENT UNITS › Subchapter 4 - SEARCHES OF RESIDENTS AND SPECIAL TREATMENT UNITS BY DOC CUSTODY STAFF › Section 8:131-4.6 - Prohibited substance testing

Current through Register Vol. 56, No. 14, July 15, 2024
To control the introduction of contraband or to detect the
				  presence of any substance not authorized for possession or use by the resident,
				  testing for prohibited substances may be conducted for security or therapeutic
				  purposes.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 131 - SPECIAL TREATMENT UNITS › Subchapter 10 - RESIDENT WELFARE FUNDS › Section 8:131-10.1 - Sources of income for resident welfare funds

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Money for resident
				welfare funds shall be derived from the following sources:
1. Profits from sales at commissaries;
2. Interest on resident welfare fund
				savings;
3. Gifts from individuals,
				corporations and charitable foundations; and
4. Income from resident trust fund
				investments.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 131 - SPECIAL TREATMENT UNITS › Subchapter 10 - RESIDENT WELFARE FUNDS › Section 8:131-10.2 - Accountability for and expenditure of resident welfare funds

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The DOC Business
				Manager responsible for the Special Treatment Unit shall be responsible for
				maintaining resident welfare account funds and associated recordkeeping.
(b) The DOC Administrator and DBHS Clinical
				Director, in consultation with the Interagency Oversight Board, shall be jointly
				responsible for the control and authorization of all expenditures of resident
				welfare funds.
(c) Resident welfare
				funds shall be spent on amenities only for the use, benefit and general welfare of
				the resident population as a whole. Such amenities may include, but are not limited
				to, certain domestic equipment such as, but not limited to, appliances or kitchen
				items, recreation and sports equipment; television services; awards for academic,
				vocational and sporting achievements; library books, movies, magazines and other
				subscriptions; annual licensing fees for a film blanket license; visit, recreation,
				holiday and incentive program decorations and food; stipends for referees and guest
				speakers; and equipment to enhance the law library that is not otherwise required
				for legal access.
(d) Resident welfare
				funds shall not be used for items that the Departments of Corrections or Health are
				required to provide, the payment of employee salaries, or the purchase of any item
				or service, which is not intended for use by the population, such as, but not
				limited to, security equipment or automobiles.
(e) Inquiries and issues regarding the use of
				resident welfare funds shall be directed to the DOC Assistant Commissioner, Division
				of Operations.
(f) Individuals,
				corporations, and charitable foundations that wish to donate gifts to the resident
				welfare account shall submit a notice containing information relative to the gift to
				the Interagency Oversight Board. Such gifts shall be spent as designated by the
				donor when such designation is consistent with the provisions set forth at (c) and
				(d) above. When gifts are undesignated, such gifts shall be spent as designated by
				the DOC Administrator and the DBHS Clinical Director in consultation with the
				Interagency Oversight Board. The monies from these gifts shall be identified
				separately in the resident welfare fund, so that expenditures can be directly
				related to the source of funds.
(g)
				Resident welfare funds shall not be spent for any purpose that is not consistent
				with the provisions set forth in this subchapter.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 133 - INTERIM ASSISTANCE PROCEDURES MANUAL › Subchapter 1 - GENERAL PROVISIONS › Section 8:133-1.1 - Program description

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Interim Assistance
				(IA) is a payment procedure developed by the State of New Jersey and the Social
				Security Administration. It permits a client who has been released from a State
				psychiatric hospital and who has applied for Federal Supplemental Security Income
				(SSI) benefits to receive State funds and community Medicaid coverage while his or
				her SSI claim is being evaluated. Through this process, the client shall receive a
				Personal Needs Allowance and have his or her initial maintenance costs paid by the
				Division of Mental Health Services upon release from the hospital. The Division, in
				turn, may directly receive the client's retroactive SSI payment from the Social
				Security Administration, may recoup Interim Assistance expenditures made and shall
				deposit this reimbursement in the hospital Interim Assistance revenue
				account.
(b) The revolving hospital fund
				which is thereby created shall be used to ensure that:
1. A client shall return to the community at an
				appropriate point in his or her treatment; and
2. A client's income, upon release, shall be
				adequate and at an established standard.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 133 - INTERIM ASSISTANCE PROCEDURES MANUAL › Subchapter 1 - GENERAL PROVISIONS › Section 8:133-1.2 - Authority

Current through Register Vol. 56, No. 14, July 15, 2024
Legal authority for this program may be found in
				  30:4-27.1 9. An agreement between the
				  State of New Jersey and the Social Security Administration, dated October 31, 1974,
				  forms the basis for the procedures described in this manual.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 133 - INTERIM ASSISTANCE PROCEDURES MANUAL › Subchapter 1 - GENERAL PROVISIONS › Section 8:133-1.3 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
The purpose of these regulations is to set forth the eligibility
				  standards, policies and procedures of the Interim Assistance program and to identify
				  roles of participating agencies in implementing and sustaining the program.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 133 - INTERIM ASSISTANCE PROCEDURES MANUAL › Subchapter 2 - INTERIM ASSISTANCE ELIGIBILITY › Section 8:133-2.1 - Clients eligible for Interim Assistance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To be determined
				eligible for Interim Assistance (IA), a client shall:
1. Be an inpatient of a State psychiatric
				hospital, not judicially restrained from discharge;
2. Be 17 years of age or older and a U.S. citizen
				or legal alien;
3. Have been evaluated
				by the interdisciplinary Treatment Team as ready for release to one of the
				following:
i. Residential health care
				facility;
ii. Boarding home;
iii. Residential drug or alcohol rehabilitation
				program;
iv. His or her own home, family
				or Division of Mental Health Services contract agency;
v. Rooming house; or
vi. Transitional residence;
4. Appear unable to support himself or herself
				through gainful employment; and
5. Meet
				the eligibility requirements and have applied for SSI benefits or be on the SSI
				suspense rolls.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 133 - INTERIM ASSISTANCE PROCEDURES MANUAL › Subchapter 2 - INTERIM ASSISTANCE ELIGIBILITY › Section 8:133-2.2 - Clients ineligible for Interim Assistance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A client in a State
				psychiatric hospital is not eligible for Interim Assistance when any of the
				following conditions exists:
1. The client's
				income and/or resources are in excess of SSI standards;
2. The client is judicially restrained from
				discharge;
3. The client is under 17
				years of age;
4. The client refuses to
				sign form MH-30, "Authorization for Reimbursement of Initial Supplemental Security
				Income (SSI) Payment or Initial SSI Post-eligibility Payment (MH-30) Community
				Placements" (Appendix B); or
5. The
				client lacks documentation of immigration status or is not a U.S. citizen or legal
				alien.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 133 - INTERIM ASSISTANCE PROCEDURES MANUAL › Subchapter 2 - INTERIM ASSISTANCE ELIGIBILITY › Section 8:133-2.3 - Selection criteria

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Interim Assistance
				is intended to meet the needs of the greatest number of clients possible. Funds
				expended through the program therefore, must be regularly recovered. To accomplish
				this, applicants for Interim Assistance must be carefully screened to determine
				which among them have the greatest need for the program and the clearest potential
				for SSI eligibility.
(b) When choices
				must be made among Interim Assistance applicants, the following selection criteria
				shall be used:
1. Urgency of placement, as
				determined by the Interdisciplinary Treatment Team, and a clearly established need
				for Interim Assistance in order to implement the Discharge Oriented Service
				Plan;
2. The potential eligibility of
				the client for SSI. There should be evidence that the client meets SSI income,
				resource, citizenship and disability criteria.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 133 - INTERIM ASSISTANCE PROCEDURES MANUAL › Subchapter 2 - INTERIM ASSISTANCE ELIGIBILITY › Section 8:133-2.4 - Approval authority

Current through Register Vol. 56, No. 14, July 15, 2024
Approval authority for the Interim Assistance Program shall rest
				  jointly with the institution's Director of Social Services, the Business Manager,
				  and the Financial Coordinator of the institution's Financial Entitlement Unit or
				  equivalent.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 133 - INTERIM ASSISTANCE PROCEDURES MANUAL › Subchapter 3 - INTERIM ASSISTANCE CASE PROCESSING › Section 8:133-3.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
The purpose of this section is to provide participants with an
				  understanding of their roles in the Interim Assistance case processing
				  system.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 133 - INTERIM ASSISTANCE PROCEDURES MANUAL › Subchapter 3 - INTERIM ASSISTANCE CASE PROCESSING › Section 8:133-3.2 - The Interdisciplinary Treatment Team

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The role of the
				Interdisciplinary Treatment Team in the Interim Assistance case processing system
				shall be to:
1. Regularly evaluate the client's
				progress while in the hospital and his or her readiness for community
				living;
2. Determine the client's need
				for assistance in financial planning, including consultation to determine special
				needs and discharge needs; and
3.
				Complete the Discharge Oriented Service Plan, noting the person responsible for
				financial planning.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 133 - INTERIM ASSISTANCE PROCEDURES MANUAL › Subchapter 3 - INTERIM ASSISTANCE CASE PROCESSING › Section 8:133-3.3 - The hospital social service staff or designee

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Discharge
				Oriented Service Plan shall establish the client's need for assistance in financial
				planning and placement needs. If such a financial need is evident and the client
				appears to meet Interim Assistance eligibility criteria, the hospital social service
				staff or designee shall:
1. Whenever assigned
				client placement responsibility, provide the client or family with a description of
				the Interim Assistance Program, its requirements and the client's or family's rights
				and obligations under the program;
2.
				Whenever assigned client placement responsibility and the client expresses an
				interest in the program, obtain the client's signature on an Interim Assistance
				Statement (Appendix A) and form MH-30 (Appendix B);
3. Refer the client to the Discharge Unit for
				financial assistance and, if necessary, assist in locating approved residential
				setting;
4. Obtain and forward to the
				Discharge Unit a medical history, current staff notes and a social history,
				including social and financial information;
5. Ensure that a client placed on Interim
				Assistance is recorded as a "Release-Other" transaction on the hospital daily
				population movement report;
6. Once
				notified by the Discharge or Financial Unit or equivalent that the retroactive SSI
				check is received and Interim Assistance has been terminated, ensure that the
				client's discharge is recorded properly on the hospital's daily population movement
				report and that all appropriate hospital staff are notified of discharge;
				and
7. Assist the client in the
				utilization of funds preserved for discharge needs, as well as other remaining
				personal funds, ensuring that the client's wishes are the primary determinant of the
				use of these funds, but pointing out needs the client may not have
				anticipated.