reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 35 - COUNTY PSYCHIATRIC FACILITIES › Subchapter 4 - TRANSFERS BETWEEN REGIONAL STATE AND COUNTY PSYCHIATRIC FACILITIES › Section 10:35-4.3 - General transfer policies and procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Transfers over the objection of a patient are permitted when a clinical
				determination has concluded that the decision is in the transferee's clinical
				best interest or necessary for the safety of other patients or administratively
				necessary due to a factor listed in
				10:35-4.2.
(b) Transfers occurring as a result of
				overcrowding, life safety concerns, natural catastrophes, or consolidation of
				services shall require the approval of the Assistant Commissioner.
(c) The following procedures shall be in
				effect for transfers of patients between facilities:
1. Facility staff should actively promote
				patient and family input into transfer decisions.
2. The designated sending psychiatric
				facility must discuss the transfer with the designated receiving psychiatric
				facility. If the parties agree to the transfer, they will arrange for a
				specific date and time for the transfer to occur.
3. Both the patients scheduled to be
				transferred, and their families, shall be notified by the sending psychiatric
				facility as soon as possible after the transfer decision has been made, but no
				later than 72 hours prior to the transfer. When a patient requests transfer,
				staff shall notify him or her of their decision promptly.
4. In the event of an emergency transfer,
				defined as imminent danger of serious bodily harm to self or others which less
				restrictive placement alternatives other than transfer cannot adequately
				address, the 72 hour notification requirement shall be waived. Only factors
				listed at 10:35-4.2(a)3 
				and 5 may serve as the basis for an emergency transfer.
5. The psychiatric facility initiating the
				transfer shall make the arrangements for the transfer, including
				transportation.
6. If the two
				psychiatric facilities do not agree on the transfer, the matter shall be
				referred to the chief executive officer, or designee, of the respective
				facilities for resolution. The patient's attorney shall be notified of the
				disagreement. If the chief executive officers are unable to resolve the matter,
				the Assistant Commissioner or a designee shall finally resolve the
				matter.
7. All transfers are to be
				handled in a timely manner as specified in the affiliation agreement.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 35 - COUNTY PSYCHIATRIC FACILITIES › Subchapter 4 - TRANSFERS BETWEEN REGIONAL STATE AND COUNTY PSYCHIATRIC FACILITIES › Section 10:35-4.4 - Specific procedures when patients object to transfer

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When a patient
				objects to the transfer, the following procedures shall apply:
1. Each patient and their attorney shall
				receive notice of the proposed transfer as soon as possible but in no instance
				less than 72 hours prior to the proposed transfer date;
2. If a patient objects to such a transfer,
				he or she shall be provided an opportunity to state the basis for the objection
				and present any relevant facts, including statements by other individuals, with
				or through a representative as so desired before an individual who is not a
				member of the treatment team seeking transfer. This individual may be a member
				of the office of the facility's clinical director or other facility staff
				member capable of providing an independent review of the need for the proposed
				transfer; and
3. The individual who
				reviews the proposed transfer shall have the authority to approve or disapprove
				the proposed transfer.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 35 - COUNTY PSYCHIATRIC FACILITIES › Subchapter 5 - SANCTIONS AND APPEALS PROCESS › Section 10:35-5.1 - Sanctions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the Assistant Commissioner determines
				that any of the provisions of this chapter have been violated by the governing
				body of a county or a county psychiatric facility, administrative and financial
				sanctions may be imposed in writing by the Assistant Commissioner upon the
				violators as warranted by the specific situation.
(b) Administrative sanctions may include, but
				not be limited to, notices or letters of warning to the governing body of a
				county and a county psychiatric facility.
(c) Financial sanctions may include, but not
				be limited to, fines and the withholding of funds from the governing body of a
				county and the county psychiatric facility.
(d)
									30:4-78.4 provides that in the
				event a county continues to operate and maintain a county psychiatric facility,
				the Commissioner shall have the power to replace the chief executive officer,
				the chief financial officer, the medical director and other appropriate
				administrative personnel upon the Commissioner's determination that financial
				expenditures of the facility are repeatedly and substantially in excess of
				similar expenditures in other State and county psychiatric facilities or the
				quality of care provided in the facility is repeatedly and substantially below
				State and Federal standards.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 35 - COUNTY PSYCHIATRIC FACILITIES › Subchapter 5 - SANCTIONS AND APPEALS PROCESS › Section 10:35-5.2 - Appeals process

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The governing body of a county or a
				county psychiatric facility may appeal any sanction imposed by the Assistant
				Commissioner except that sanctions related to the plan review and approval
				process may only be appealed by the governing body of a county.
(b) Appeal requests must be received by the
				Assistant Commissioner within 30 days of receipt of the written sanctions by
				the governing body of the county or the county psychiatric facility.
(c) The Assistant Commissioner shall schedule
				the appeal for review within 60 days of receipt of the appeal
				request.
(d) The appellant may
				present all relevant information for consideration by the Assistant
				Commissioner at the review and the Assistant Commissioner shall communicate a
				determination in writing to the appellant within 30 days of the
				review.
(e) The appellant may
				appeal the Assistant Commissioner's determination to the Commissioner in
				writing within 60 days of receipt of the Assistant Commissioner's
				determination.
(f) The
				Commissioner, or a Departmental designee, shall schedule the Departmental
				appeal for review within 60 days of receipt of the Department appeal
				request.
(g) The appellant may
				present all relevant information for consideration by the Commissioner or
				Departmental designee at the review and the Commissioner or Departmental
				designee shall communicate a determination in writing to the appellant within
				30 days of the review.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 37 - COMMUNITY MENTAL HEALTH SERVICES ACT › Subchapter 1 - INTRODUCTION AND PURPOSE › Section 10:37-1.1 - Introduction and purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Since the
				enactment of the Community Mental Health Services Act in 1957, there has been a
				broad expansion of public funding sources administered by the State and
				utilized to support community mental health services. In addition to
				grant-in-aid, there are funds from Title XX of the Federal Social Security Act,
				State Community Care and Screening purchase of service contracts, the State
				Capital Improvement Program and two State-funded demonstration community mental
				health centers. This amended chapter represents an integration of these
				multiple funding sources and the minimal requirements that are applicable to
				all of them. These requirements are conceptually based upon the Division's four
				operating principles: Normalization, Level of Functioning, Advocacy and Unified
				Services, which are described in a companion document titled "Principal
				Statement." Within the context of these principles, however, the Division
				encourages innovative implementation and a variety of comprehensive service
				models, developed in response to local needs and talents.
(b) Wherever the "Department" is cited, the
				term shall refer to the New Jersey Department of Human Services; wherever the
				"Division" is cited, it shall refer to the New Jersey Division of Mental Health
				and Addiction Services. Subsequent to a period of public review and comment,
				this chapter shall become effective on November 3, 1980; it will be
				incorporated into guidelines for the Division's ongoing site visit, monitoring,
				program development, and evaluation activities for community mental health
				grants and contracts. Compliance with this chapter shall be required one year
				from its effective date, as of July 1, 1981. It is anticipated that total
				compliance will necessitate, in some instances, a reorganization of service
				components and priorities by participating agencies. It is for that reason that
				the Department is extending the implementation and compliance deadline for one
				year, in order to allow for local phase-ins and for technical assistance to be
				provided by the county mental health boards and the Division.
(c) Implementation of this chapter should
				serve to unify the community mental health system and to establish formal
				relationships between the community and the institutional mental health
				sectors. This chapter shall also become incorporated into the Division's
				inspection program for State and County psychiatric hospitals.
(d) Any questions concerning these
				requirements should be sent to the Division Assistant Commissioner, New Jersey
				Division of Mental Health and Addiction Services, 5 Commerce Way, Suite 100, PO
				Box 362, Trenton, NJ 08625.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 37 - COMMUNITY MENTAL HEALTH SERVICES ACT › Subchapter 1 - INTRODUCTION AND PURPOSE › Section 10:37-1.2 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
The rules within this chapter apply to provider agency
				  programs funded by the Division governed by the standards at N.J.A.C. 10:37A
				  through 37I.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 37 - COMMUNITY MENTAL HEALTH SERVICES ACT › Subchapter 2 - STATE COMMUNITY MENTAL HEALTH CITIZENS ADVISORY BOARD › Section 10:37-2.1 - Membership

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Community
				Mental Health Citizens Advisory Board shall consist of 15 members, to be
				appointed as described by Statute. Eight members shall be chosen from citizens
				of the State who, as consumers, have demonstrated an interest in the delivery
				of mental health services; one from persons recommended by the State League of
				Municipalities; two from providers of mental health services and one from
				persons recommended by the chairpersons of the standing Assembly and Senate
				Institutions, Health and Welfare Communities.
(b) The term of each member shall be for
				three years, commencing on July 1 and terminating on June 30; provided,
				however, that of the new members appointed three shall be appointed for a term
				expiring two years, and four for a term expiring three years from July 1
				following the date of appointment. Members of the present Community Mental
				Health Citizens Advisory Board serving on the effective date of the amendatory
				act shall continue to serve until the expiration of their current
				terms.
(c) In addition, the Board
				of Instructional Trustees will designate two members from persons currently
				serving on the Board of Managers of each of the four State psychiatric
				hospitals to be appointed in July of each year. The Director of the Division or
				his/her designee shall be a nonvoting ex-officio member of the Community Mental
				Health Citizens Advisory Board.
(d)
				At least two of the "consumers" cited in (a) above shall meet the definition of
				"consumer" cited in
				10:37-4.1(b).
(e) The Board should have representation from
				all geographic areas of the State.
(f) The Board should reflect the sex, racial,
				and cultural composition of the State's population.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 37 - COMMUNITY MENTAL HEALTH SERVICES ACT › Subchapter 2 - STATE COMMUNITY MENTAL HEALTH CITIZENS ADVISORY BOARD › Section 10:37-2.2 - Functions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The role of the
				Board shall be to serve as advocate and advisory to the Department for the
				development of mental health services in the community. To fulfill this role,
				the Board shall become and continue to be thoroughly acquainted with those
				programs of the Department dealing with mental health and related social
				services, and shall regularly review all such programs. It shall advise and
				recommend on the development of policies and procedures within the general
				directives of the Department covering community mental health
				programs.
(b) The Board shall
				promote and maintain constructive relationships with the county mental health
				boards, community mental health agency boards and other official bodies and
				organized agencies concerned with mental health services. It shall also serve,
				where possible, such advisory capacities to the Department in the area of
				community mental health as are required by Federal statutes.
(c) The Board shall choose one of its members
				to act as chairperson and shall meet as often as required to conduct the
				business of the Board and to assist and advise in the administration of the
				duties and responsibilities cited above, but not less than six times each
				year.
(d) The Board shall comply
				with the Open Public Meetings Act.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 37 - COMMUNITY MENTAL HEALTH SERVICES ACT › Subchapter 2 - STATE COMMUNITY MENTAL HEALTH CITIZENS ADVISORY BOARD › Section 10:37-2.3 - Power to establish committees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board may
				establish within itself committees, as it deems necessary.
(b) The Board may establish any subsidiary
				unsalaried advisory or consultant committees or study groups as it may deem
				necessary and shall appoint the members thereof.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 37 - COMMUNITY MENTAL HEALTH SERVICES ACT › Subchapter 2 - STATE COMMUNITY MENTAL HEALTH CITIZENS ADVISORY BOARD › Section 10:37-2.4 - Scope of authority

Current through Register Vol. 56, No. 14, July 15, 2024
The Board shall have the right to make recommendations, to
				  the Division and the Department, concerning any aspect of mental health service
				  delivery covered in this chapter.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 37 - COMMUNITY MENTAL HEALTH SERVICES ACT › Subchapter 3 - COUNTY MENTAL HEALTH BOARDS › Section 10:37-3.1 - Establishment and composition

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In order to
				participate under this act, each county board of chosen freeholders or county
				executive, hereinafter the "appointing authority," shall appoint a County
				Mental Health Board, hereinafter the "Board," of not less than seven nor more
				than twelve residents of the county.
(b) The mental health board shall provide
				public leadership to the county in the development of mental health
				services.
(c) The board shall
				include as wide a spectrum of the County's population as possible. Members
				should be representative of the county's population, including such groups as:
1. Consumers of mental health
				services;
2. Local boards of
				health;
3. School boards;
4. Interested lay people;
5. Parent-teacher association;
6. County professional/medical
				associations;
7. County advocacy
				groups; and
8. Such other members
				as the appointing authority may deem necessary.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 37 - COMMUNITY MENTAL HEALTH SERVICES ACT › Subchapter 3 - COUNTY MENTAL HEALTH BOARDS › Section 10:37-3.2 - Membership

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Members shall
				serve without compensation, for three years, with terms to begin July 1 and
				terminate June 30. Members may not be reappointed after serving two full
				three-year terms, until two years shall have elapsed since the expiration of
				such terms.
(b) Vacancies shall be
				filled within 60 days by the appointing authority. Vacancies shall be filled in
				the following manner:
1. If the unexpired
				term is greater than 50 percent of the entire term, the nominee may only serve
				one additional term.
2. If the
				unexpired term is less than 50 percent of the entire term, the nominee may
				serve two additional terms.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 37 - COMMUNITY MENTAL HEALTH SERVICES ACT › Subchapter 3 - COUNTY MENTAL HEALTH BOARDS › Section 10:37-3.3 - Attendance

Current through Register Vol. 56, No. 14, July 15, 2024
Any member of a county mental health board who does not
				  attend three consecutive board meetings without being excused, or does not
				  attend more than 50 percent of the board's meetings in any single year, should
				  upon notification by the County Mental Health Board Chairperson, be replaced by
				  the appointing authority. Replacement should be accomplished within two months
				  of that notification.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 37 - COMMUNITY MENTAL HEALTH SERVICES ACT › Subchapter 3 - COUNTY MENTAL HEALTH BOARDS › Section 10:37-3.4 - Conflicts of interest

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following
				individuals shall not be eligible for County Mental Health Board membership:
1. A paid or unpaid employee/volunteer of an
				agency under the county mental health board's jurisdiction or funded by the
				Division;
2. A consultant of an
				agency under the county mental health board's jurisdiction or funded by the
				Division;
3. A member of the
				governing body of an agency under the county mental health board's jurisdiction
				or funded by the Division;
4. A
				member of a formal advisory body of an agency under the county mental health
				board's jurisdiction or funded by the Division.
5. Person engaged in issuing any policy or
				contract of individual or group business of any agency under the county mental
				health board's jurisdiction or those agencies' affiliate, subsidiary, or parent
				organization.
6. Persons who are
				members of the immediate household or a direct business associate of a person
				described above.
7. Persons
				employed by the county and/or its agencies; this exception shall not include
				the Board of Chosen Freeholders or a County Welfare Board that is not currently
				funded by the Division. A waiver must be sought from the Division for any other
				such appointees.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 37 - COMMUNITY MENTAL HEALTH SERVICES ACT › Subchapter 3 - COUNTY MENTAL HEALTH BOARDS › Section 10:37-3.5 - Roles, functions, and responsibilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Procedural responsibilities: The County Mental Health Board shall:
1. Elect annually a chairperson;
2. Meet at least eight times each
				year;
3. Comply with the Senator
				Byron M. Baer Open Public Meetings Act;
4. Establish, and at least annually review,
				formal procedures concerning the composition of the Board and setting forth
				rules of order by which the Board shall operate;
5. Submit public notices and minutes of said
				meeting to the Division .
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 37 - COMMUNITY MENTAL HEALTH SERVICES ACT › Subchapter 3 - COUNTY MENTAL HEALTH BOARDS › Section 10:37-3.6 - Professional Advisory Committee (PAC)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The County
				Mental Health Board shall:
1. Appoint
				annually, members of its Professional Advisory Committee, minimally including a
				representative from each mental health agency receiving financial support from
				the Division. Two or more individuals connected with the same agency, either as
				employee and/or board member, may serve simultaneously as members; in such
				cases, however, it shall be the responsibility of the County Mental Health
				Board to maintain a balance of representation, with no particular agency(ies)
				operationally dominating the PAC. Membership of the Professional Advisory
				Committee shall include the State and county psychiatric hospitals, the county
				welfare board and the Division of Youth and Family Services. The PAC should
				also include county criminal justice, Division of Mental Health Advocacy,
				Division of Vocational Rehabilitation, Substance Abuse Programs, a Municipal
				Welfare Board and the county mental health association.
i. Non-Division funded county welfare boards
				and mental health associations may be represented on the County Mental Health
				Board itself, rather than the PAC.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 37 - COMMUNITY MENTAL HEALTH SERVICES ACT › Subchapter 3 - COUNTY MENTAL HEALTH BOARDS › Section 10:37-3.7 - County Mental Health Administrators

Current through Register Vol. 56, No. 14, July 15, 2024
(a) By State law,
				all County Mental Health Boards may, with the approval of the Board of
				Freeholders, create the position of Mental Health Administrator. The Division
				strongly encourages the creation of this position in every County and suggests
				additional staff for the mental health board, also including one non-clerical
				position for every 300,000 people living in a particular county.
(b) The Division shall approve the
				credentials of a candidate for the position of Mental Health Administrator,
				selected by the appointing authority, prior to his/her hiring.
(c) The county shall provide, as part of its
				submission of the candidate's approval request, a current description of how
				the Administrator will be responsible to the county and to the County Mental
				Health Board and a job description that reflects the Administrator's role in
				developing the County Mental Health Plan and other requirements under State law
				and these Regulations.
(d) Minimum
				qualification shall include:
1. Education: A
				Master's Degree from an accredited university in Psychology, Public
				Administration, Social Work, Public Health, Hospital Administration, Nursing or
				a related field. A Bachelor's Degree with significant work experience beyond
				the required three years, in one of the above areas, may be substituted for a
				Master's Degree with prior approval from the Division.
2. Experience: A minimum of three years
				experience in administration in mental health care or related fields.
3. Knowledge and abilities: Working knowledge
				of planning, budgeting and human services contract administration. Working
				knowledge of current developments in the field of mental health. Working
				knowledge of organizations and operations in the public sector including
				government, private, social service and health agencies and public
				institutions. Ability to devise model service systems and implement goals and
				objectives toward development of a unified services system. Ability to work
				harmoniously with various leaders, representatives of the community, and
				consumer groups.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 37 - COMMUNITY MENTAL HEALTH SERVICES ACT › Subchapter 3 - COUNTY MENTAL HEALTH BOARDS › Section 10:37-3.8 - Reimbursement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) State
				reimbursement for the County Mental Health Administrator's salary shall be paid
				on a quarterly basis contingent upon:
1. The
				County's meeting the requirements of these regulations;
2. The Division's approval of the
				Administrator's credentials prior to hiring; and
3. Receipt and approval by the Division of
				quarterly certificates of satisfactory employment, signed by the chairperson of
				the County Mental Health Board.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 37 - COMMUNITY MENTAL HEALTH SERVICES ACT › Subchapter 3 - COUNTY MENTAL HEALTH BOARDS › Section 10:37-3.9 - County administration of services

Current through Register Vol. 56, No. 14, July 15, 2024
(a) As a means of
				reinforcing the concept of inter-governmental partnership in the delivery of
				public mental health services, the Division may enter into demonstration
				performance contracts, with a limited number of counties, for the county
				administration of all publicly funded mental health services.
(b) Guidelines for participation in a county
				performance contract shall minimally include:
1. Receipt of a county plan in compliance
				with Division guidelines and approved by the Division;
2. Identification of a single unit of county
				government, preferably a department, which shall act as the agent of the Board
				of Chosen Freeholders or the County Executive, in the negotiation of a
				performance contract, and be responsible to the Division for the implementation
				and monitoring of that contract. Such an administrative unit of county
				government shall be referred to as the "single county authority" for mental
				health;
3. Capacity of the county
				to fully administer mental health services, including community contracts and
				grants and the county psychiatric hospital, if that county has such a
				facility;
4. County-wide compliance
				with the rules and regulations promulgated by the Division;
5. Demonstration of policy and financial
				commitment of the county to the State's unified services policies, consistent
				with the New Jersey's Annual State Plan for Mental Health.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 37 - COMMUNITY MENTAL HEALTH SERVICES ACT › Subchapter 4 - CONSUMER REQUIREMENTS FOR ALL COMMUNITY MENTAL HEALTH PROGRAM ELEMENTS › Section 10:37-4.1 - Direct involvement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Consumer
				involvement shall be facilitated and encouraged in areas such as service and
				program planning, service evaluation, and service delivery.
(b) "Consumer" in this section shall be
				defined as:
1. A person who has applied for,
				is receiving or has received mental health services from a State or other
				publicly funded mental health Program Element; or
2. A person who is the next-of-kin or
				guardian of a person described in (b)1 above.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 37 - COMMUNITY MENTAL HEALTH SERVICES ACT › Subchapter 4 - CONSUMER REQUIREMENTS FOR ALL COMMUNITY MENTAL HEALTH PROGRAM ELEMENTS › Section 10:37-4.2 - Designed responsibility of agencies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each
				State-funded mental health program shall develop and submit to the County
				Mental Health Board and to the Division an acceptable Consumer Affirmative
				Action Plan as part of its Fiscal Year 1982 funding application or
				contract.
(b) The Consumer
				Affirmative Action Plan shall minimally include:
1. Membership on the governing body of the
				agency for two or more consumers except as indicated otherwise in N.J.A.C.
				10:37-6, Article VI;
2.
				Opportunities for consumers and advocacy groups to review and have input into
				the development of the agency's annual service plan and funding
				requests;
3. Opportunities for
				agency consumers to meet with governing board to discuss Service Area needs,
				annual program plans, formal program evaluations and other issues of
				concern;
4. Adequate notice of the
				availability of the opportunities outlined in (b)1 through 3 above, with
				notices posted at the agency's program sites.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 37 - COMMUNITY MENTAL HEALTH SERVICES ACT › Subchapter 4 - CONSUMER REQUIREMENTS FOR ALL COMMUNITY MENTAL HEALTH PROGRAM ELEMENTS › Section 10:37-4.3 - Designated responsibilities of County Mental Health Boards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For consumer
				membership see N.J.A.C. 10:37-3.
(b) County Mental Health Boards shall hold at
				least one meeting annually for the purpose of directly gaining consumer input
				into the development of its annual mental Health Service Plan. Notice of this
				opportunity shall be posted in community mental health agencies and facilities
				in that county, in addition to complying with the Open Public Meetings
				Act.
(c) Consumers and advocacy
				organizations shall be given the opportunity to review the annual County Mental
				Health Services Plan prior to its submission to the Division.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 37 - COMMUNITY MENTAL HEALTH SERVICES ACT › Subchapter 4 - CONSUMER REQUIREMENTS FOR ALL COMMUNITY MENTAL HEALTH PROGRAM ELEMENTS › Section 10:37-4.4 - Designated responsibilities of State Community Mental Health Citizens' Advisory Board

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For Consumer
				Membership see N.J.A.C. 10:37-2.
(b) Consumers and advocacy organizations
				shall be given an opportunity for review and involvement in the development of
				the annual State Mental Health Plan.
(c) The Division shall hold at least one
				meeting annually for the express purpose of gaining consumer input into the
				development of the annual State Plan. Adequate notice shall be given, as cited
				in 10:37-4.3(b).
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 37 - COMMUNITY MENTAL HEALTH SERVICES ACT › Subchapter 4 - CONSUMER REQUIREMENTS FOR ALL COMMUNITY MENTAL HEALTH PROGRAM ELEMENTS › Section 10:37-4.6 - Client complaint/agency ombuds procedure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This section
				shall apply to all State-funded mental health programs. Any questions related
				to service delivery, denial or termination of services shall be an appropriate
				subject for review. Any client, applicant, or person who has been a client
				within the last three months or his/her designee, parent or guardian, shall
				have the right to seek review. Such persons shall be identified below as
				"clients."
(b) Establishment of
				complaint procedure: Each agency shall establish internal client complaint
				procedures which will be subject to Division review and approval at the time of
				the agency's annual request for State funding.
1. Explanation to clients: Each client shall
				be made aware of the existence of a complaint procedure at second,
				non-emergency contact. Written notice, as well as a verbal explanation of
				agency complaint procedures, and external advocacy services which are directly
				available to clients at all times, shall be given to each client at the
				earliest appropriate opportunity. Under all circumstances, clients not accepted
				for services shall be informed immediately of the State-wide advocacy services
				available to them. Information regarding external advocacy services shall
				minimally include the:
i. Community Mental
				Health Law Project (if one exists in the client's county);
ii. County Mental Health Administrator in the
				county;
iii. Division of Mental
				Health and Hospitals' Ombudsperson;
iv. Division of Mental Health
				Advocacy;
v. Division of Youth and
				Family Services (for child abuse and/or neglect);
vi. County Welfare Agency (for adult
				abuse).
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 37 - COMMUNITY MENTAL HEALTH SERVICES ACT › Subchapter 5 - PROGRAM ELEMENT REQUIREMENTS › Section 10:37-5.54 - Scope and purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) IPU programs
				shall provide 24-hour crisis-stabilization services, therapy, and supervision,
				outside of a client's home, in the least restrictive setting
				possible.
(b) IPU program
				requirements shall apply to 24-hour supervised treatment homes providing
				residential crisis intervention services to children.
(c) Crisis services provided overnight, in
				any location other than the client's home, should not occur unless the
				individual cannot be stabilized within his/her natural environment or the
				client needs to be removed from his/her usual environment to a protected IPU
				setting.
(d) As quickly as
				feasible, IPU programs shall restore an acutely distressed client to a level of
				functioning sufficient to allow the individual to return home and/or to receive
				mental health services in a less restrictive setting.
(e) These requirements shall apply to State
				and county psychiatric hospitals, as well as to community IPUs.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 37 - COMMUNITY MENTAL HEALTH SERVICES ACT › Subchapter 5 - PROGRAM ELEMENT REQUIREMENTS › Section 10:37-5.55 - Designation of responsibility

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Systemic use of
				local inpatient facilities:
1. Each agency
				receiving State mental health funding for IPU programs, and other mental health
				agencies in that Service Area, shall use that State-funded local IPU whenever
				feasible, rather than refer Service Area residents to county and State
				psychiatric hospitals for admission.
2. Affiliation agreements must be executed by
				IPU programs, with the Service Area's public psychiatric facilities and with
				other State-funded mental health agencies in the Service Area. Agreements shall
				clearly outline admission criteria and procedures and those circumstances for
				which transfers among the local, county and State inpatient units shall be
				appropriate.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 37 - COMMUNITY MENTAL HEALTH SERVICES ACT › Subchapter 5 - PROGRAM ELEMENT REQUIREMENTS › Section 10:37-5.56 - Funding requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) State-funded
				IPU programs must house the unit in a facility licensed by the Department of
				Health and/or approved by the Department of Human Services.
(b) IPU programs shall be eligible for public
				mental health funding as part of a formal continuum of services, demonstrated
				by affiliation agreements approved by the Division and the County Mental Health
				Board.
(c) Any agency receiving
				Capital Improvement Program (Bond Issue) funds for renovation and/or
				construction of an IPU Program shall serve involuntary, as well as voluntary,
				clients as stipulated in N.J.A.C. 10:37-5.18(c) and (d).
1. Programs receiving Capital Improvement
				Program funds for renovation or construction of an IPU or 24-hour supervised
				treatment home for children must serve both voluntary and involuntary clients
				as authorized by law.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 37 - COMMUNITY MENTAL HEALTH SERVICES ACT › Subchapter 5 - PROGRAM ELEMENT REQUIREMENTS › Section 10:37-5.57 - Population priorities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) See
				10:37-5.2.
(b) IPU services should be made available to
				individuals who cannot cope successfully in the community at a time of crisis,
				are feeling severe emotional distress, and/or are dangerous to themselves or
				others.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 37 - COMMUNITY MENTAL HEALTH SERVICES ACT › Subchapter 5 - PROGRAM ELEMENT REQUIREMENTS › Section 10:37-5.58 - Services to be provided

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Assessment and
				evaluation:
1. Every IPU client shall be
				assessed as to his/her Level of Functioning and Environment/Natural Support
				Systems. These assessments, in addition to the client's perceptions of his/her
				needs and emotional distress, should serve as bases for the development of a
				comprehensive Individual Service Plan (ISP). (See N.J.A.C. 10:37-6, Article
				VIII.)
2. IPU staff shall attempt
				to utilize and involve the client's natural supports whenever
				possible.
3. With the client's
				consent, staff should also identify living arrangements and employment
				circumstances, to try to effect a leave of absence without the unnecessary loss
				of a job or residence.
4. Other
				assessments and evaluations, as defined in the Division's Service Dictionary,
				may be made as appropriate.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 37 - COMMUNITY MENTAL HEALTH SERVICES ACT › Subchapter 5 - PROGRAM ELEMENT REQUIREMENTS › Section 10:37-5.59 - Service approaches

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Inpatient
				Treatment/Service Approaches
1. IPU programs
				shall include a wide range of services and treatment modalities. These shall
				include medical psychiatric services, such as individual and group therapies,
				neuroleptics, etc. and various psychological interventions, such as behavioral
				modification and structured group processes, as defined within the context of
				psychosocial therapeutic milieu.
2.
				Appropriate interdisciplinary staff shall be an ongoing part of treatment and
				service planning for each client. Selected staff members from other community
				mental health program elements (for example: Partial Care, Outpatient, etc.)
				should also become a part of the treatment team, as needed, for continuity of
				care purposes.
3. IPU Individual
				Service Plans (ISPs) shall be designed to relieve the client from present
				discomfort and to provide the client with the coping skills necessary to
				function in the community. The treatment/service plan shall be explicit in
				describing how/why the client could not cope in the community and what will be
				done, during the stay, to help the client to function more adequately upon
				discharge. (See N.J.A.C. 10:37-6, Article VIII.)
4. When appropriate, families and/or other
				support system members shall be encouraged to participate in goal setting,
				treatment planning, program services, and discharge planning.
5. When clients known to DYFS are admitted,
				the IPU shall notify and involve DYFS in program and discharge planning, as
				soon as possible.
6. Upon
				completion of needs assessments, if a client under the age of 18 is in need of
				DYFS services, referral to the appropriate District Office of DYFS should be
				completed.
7. The services of the
				various professional disciplines shall be integrated through regular staff
				conferences initiated for the purpose of needs assessment, services and
				discharge planning, and ongoing involvement of clients.
8. A daily schedule of group and individual
				program/service options shall be made available to each client and shall be
				developed with client participation whenever possible.
9. For clients who are discharged within 48
				hours of admission, emphasis shall be on reinforcing the client's natural
				support system, where appropriate, and on treatment and discharge planning,
				described in (a)3 above.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 37 - COMMUNITY MENTAL HEALTH SERVICES ACT › Subchapter 5 - PROGRAM ELEMENT REQUIREMENTS › Section 10:37-5.60 - Staff

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To adequately
				evaluate and meet the needs of clients, IPU programs shall have available a
				sufficient number of appropriate and qualified clinical, administrative, and
				support staff.
(b) A mental health
				professional from the disciplines of psychiatry, psychology, social work, or
				psychiatric nursing shall be designated as Director of the Program Element. If
				the Director is not a psychiatrist, he/she should have at least a Master's
				degree and several years of experience in direct service in mental
				health.
(c) A Board-certified or a
				Board-eligible psychiatrist shall work at least 10 hours per week in the Unit.
				Psychiatric time beyond 10 hours shall be related to the number of beds in the
				Unit and the number of minimum hours required per client per week. If the
				Director of the program is a psychiatrist, another psychiatrist shall be
				on-call in his/her absence for the direct medical and psychiatric supervision
				of all inpatients.
(d) In addition
				to the Director and medical/psychiatric coverage, other IPU staff shall include
				persons from a variety of disciplines, such as: psychology, social work,
				nursing, education (for children), rehabilitative counseling, and activities
				therapies. In addition, such other ancillary and paraprofessionals shall be
				utilized as appropriate.
(e)
				Persons with expertise in specialized areas such as addiction, battered women,
				rape and suicide prevention should be on staff or available as
				consultants.
(f) Qualified
				personnel shall be involved as staff, consultants, or affiliates, when
				indicated, in physical health services, speech, hearing, pharmacy, clinical
				testing, etc.
(g) The program shall
				have a written plan which delineates the number and qualifications of its
				clinical, administrative, and support personnel as determined by considering
				the following:
1. The size of the
				program;
2. The clinical
				characteristics of the client population;
3. The functional needs of the
				clients;
4. Other special
				characteristics of the program's clients, for example, age, substance abuse;
				and
5. All applicable Federal,
				State, and local laws and regulations.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 37 - COMMUNITY MENTAL HEALTH SERVICES ACT › Subchapter 5 - PROGRAM ELEMENT REQUIREMENTS › Section 10:37-5.61 - Setting

Current through Register Vol. 56, No. 14, July 15, 2024
(a) IPU Services
				shall be provided in a setting as close to a normal home environment as
				possible, without sacrificing client safety or care. The Unit shall be
				furnished and decorated to effect a home-like environment. Clients shall be
				encouraged to use personal belongings: clothes, toiletries, etc.
(b) The program shall provide adequate
				activities space.
(c) Private,
				individual counseling room(s) should be available.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 37 - COMMUNITY MENTAL HEALTH SERVICES ACT › Subchapter 5 - PROGRAM ELEMENT REQUIREMENTS › Section 10:37-5.62 - Length of stay

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An acute
				inpatient admission should only last as long as it is clinically and medically
				justified.
(b) If a client needs an
				IPU stay in excess of 30 days, his/her record shall clearly indicate the
				clinical and functional problems necessitating longer treatment in this setting
				and time-limited service objectives and interventions to address these problems
				and to help the client towards discharge to the community.
(c) Any transfers among one State-funded IPU
				and any other IPU shall be clinically appropriate and shall follow the
				established conditions set forth in the affiliation agreements cited in
				10:37-5.55(a)2 and
				(b)1. Any transfers to a State Psychiatric
				Hospital shall also adhere to the State Hospitals' Admissions Policy.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 37 - COMMUNITY MENTAL HEALTH SERVICES ACT › Subchapter 5 - PROGRAM ELEMENT REQUIREMENTS › Section 10:37-5.65 - Scope and purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) C & E shall
				include preventive activities such as:
1.
				Social action;
2. Community
				organization and class advocacy services, as well as;
3. Community education;
4. Information and referral;
5. Consultation; and
6. Evaluation of C & E programs. Emphasis
				shall be on improving community awareness and receptivity, in order to offer
				target populations greater self-determination and a better quality of
				life.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 37 - COMMUNITY MENTAL HEALTH SERVICES ACT › Subchapter 5 - PROGRAM ELEMENT REQUIREMENTS › Section 10:37-5.66 - Designation of responsibility

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The C & E
				Director shall report directly to the mental health agency director, as a full
				member of the agency's mental health administration.
(b) C & E Staff, through its director or
				designee, shall provide liaison services, as needed, to the agency's governing
				and advisory boards.
(c) C & E
				shall be responsible for informing the public about the network of Service Area
				mental health services (including appropriate Federal CMHC affiliate services)
				available to the community. The C & E Staff shall be knowledgeable of other
				mental health components within their own agency and of affiliated providers
				and shall establish mechanisms (such as regular meetings, updated program
				descriptions, etc.) to communicate relevant information regarding intra-and
				inter-agency mental health and related social services.
(d) C & E Staff shall participate, as
				needed, in Service Area needs assessments. While working with community groups,
				any blatant service gaps in the Service Area shall be communicated to the
				agency director. To insure this representation, the C & E director must
				meet regularly with the agency director and with other department heads and
				affiliate agency directors.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 37 - COMMUNITY MENTAL HEALTH SERVICES ACT › Subchapter 5 - PROGRAM ELEMENT REQUIREMENTS › Section 10:37-5.67 - Funding requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) "Consultation"
				shall refer only to programs aimed at agencies, organizations and groups of
				people, NOT those provided directly to individual clients.
1. "Case consultation" to assist staff in
				other community service agencies to prevent target group clients (noted in
				10:37-5.2 ) from unnecessarily
				entering the formal mental health service system may be provided under C &
				E.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 37 - COMMUNITY MENTAL HEALTH SERVICES ACT › Subchapter 5 - PROGRAM ELEMENT REQUIREMENTS › Section 10:37-5.68 - Target agencies and populations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following
				are target agencies and populations:
1.
				Mental health system gatekeepers, including but not limited to:
i. Boarding/nursing homes;
ii. General hospital emergency room
				staff;
iii. Human service and
				health agencies;
iv.
				Schools;
v. Court system (judges,
				police, parole officers, correctional facilities);
vi. Police;
vii. Clergy;
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 37 - COMMUNITY MENTAL HEALTH SERVICES ACT › Subchapter 5 - PROGRAM ELEMENT REQUIREMENTS › Section 10:37-5.69 - Services

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Services to be
				provided: The C & E Program Element shall include, but not be limited to,
				these services:
1. Community organization (See
				Service Dictionary for specific definitions):
i. Locality development;
ii. System planning (in concert with the
				County Mental Health Board);
iii.
				Social action.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 37 - COMMUNITY MENTAL HEALTH SERVICES ACT › Subchapter 5 - PROGRAM ELEMENT REQUIREMENTS › Section 10:37-5.70 - Staff

Current through Register Vol. 56, No. 14, July 15, 2024
In all State-funded C & E Programs, there must be an
				  identifiable C & E Unit with a designated Director. He/she must be involved
				  in the actual delivery of C & E services as well as in their coordination,
				  planning, development, and evaluation. The Director shall have demonstrated
				  experience in both community education and organization.