New Jersey Administrative Code

(a) Consistent with the entity's Division-approved policies and procedures established pursuant to N.J.A.C. 10:42-3.1, entities shall establish a process for analyzing restraint utilization and reviewing the use of mechanical restraints for the purpose of reducing reliance upon m…

(a) The physician or dentist may use or direct the use of restraint to accomplish a needed evaluation, examination, or treatment. Such use shall be documented in the client record. (b) Informed consent shall be required unless an emergency exists. (c) In the judgment of the physi…

(a) In addressing the issue of an individual's potential need for a guardian, the Division shall acknowledge and take into account the following considerations: 1. An adult individual with developmental disabilities may or may not require appointment of a guardian to act on his o…

(a) Pursuant to N.J.S.A. 30:4-165.1, the Commissioner of the Department of Human Services shall provide comprehensive services, in order that eligible persons with developmental disabilities may be provided with adequate training, care and protection. (b) Pursuant to N.J.S.A. 30:…

The following words and terms shall, for the purposes of this chapter, have the meanings contained in this section unless the text clearly indicates otherwise: "Adaptive functioning" means the effectiveness or degree with which the individual meets the standards of personal indep…

(a) The provisions of this chapter shall apply to persons who have been admitted to Division services for 30 or more continuous days or who have been determined eligible for such services. (b) The Division shall evaluate the need for and initiate action for the appointment of a g…

(a) Upon completion of the intake process and a determination of eligibility for Division services, the Intake Team shall conduct an initial screening to ascertain whether or not it appears that the individual age 17 or older will need a guardian. 1. If the Intake Team concludes …

Notes N.J. Admin. Code § 10:43-2.2 Recodified to N.J.A.C. 10:43-3.2 by R.2010 d.280, effective 12/6/2010. See: 42 N.J.R. 1288(a), 42 N.J.R. 2954(b). Section was "Closely related persons".

Notes N.J. Admin. Code § 10:43-2.3 Repealed by R.2010 d.280, effective 12/6/2010. See: 42 N.J.R. 1288(a), 42 N.J.R. 2954(b). Section was "Psychologist's conclusion".

As resources are available, BGS shall prepare a petition for guardianship based on the material forwarded by the Service Component. Notes N.J. Admin. Code § 10:43-3.1 New Rule, R.2010 d.280, effective 12/6/2010. See: 42 N.J.R. 1288(a), 42 N.J.R. 2954(b). Former N.J.A.C. 10:43-3.1…

Proposed guardians are identified pursuant to N.J.S.A. 3B:12-25. On the order of preference, they are the individual's spouse or domestic partner; other heirs; friends; or if none of them are available or able to accept letters of guardianship, or will be to the best interest of …

(a) A clinical assessment shall be conducted by a clinician to assess the individual's decision-making abilities and to make a recommendation regarding the need for a guardian. (b) The clinical assessment process shall begin with the presumption that the individual has capacity t…

(a) The clinician will prepare a Guardianship Assessment Report to document the findings of the clinical assessment and recommendations. (b) The Guardianship Assessment Report shall include the following: 1. A background summary obtained from the record review and personal interv…

(a) Once BGS has gathered information about potential guardians and obtained the Guardianship Assessment Report, BGS shall secure certifications attesting to the need for appointment of a guardian signed by the administrative head of the service component unit and the clinician w…

(a) Upon the filing of a verified complaint in the court to declare a person incapacitated, the verified complaint may also request the appointment of a temporary guardian pursuant to N.J.S.A. 3B:12-24.1(c). (b) If the service component identifies a need for a temporary guardian,…

(a) Persons who have been receiving guardianship services from the Division without prior judicial review shall be clinically assessed regarding the continuing need for a guardian, pursuant to the provision of N.J.S.A. 30:4-165.6. The Bureau of Guardianship Services shall coordin…

(a) As provided in N.J.S.A. 30:4-165.7, if a family member or other interested party is requesting a certification from the DDD service component, the DDD administrative head must receive the report and certification from the physician or licensed psychologist, which shall be par…

(a) If the service component or the Bureau of Guardianship Services, as applicable, is informed that a family member or other interested party wishes to be appointed guardian, and the staff of the service component unit reaches the conclusion that the prospective guardian will no…

As a part of the annual Service Plan process for each adult with a guardian or receiving guardianship services, the service component shall review the continuing appropriateness of the individual's status with respect to guardianship. Any action on a recommendation for a change s…

(a) If it is determined by the IDT that the individual continues to require guardianship, the finding shall be noted in the individual's record. (b) If a determination is reached by the IDT that the individual appears to be no longer in need of guardianship, a referral shall be m…

(a) The need for guardianship and the suitability of the guardian shall be reviewed by the IDT at least annually at the Service Plan meeting. (b) If BGS is the guardian of an individual, a family member is identified and has indicated interest in being named guardian, BGS will re…

Notwithstanding any other provisions of this subchapter, a special review of an individual's guardianship status by the IDT may be requested at any time by the incapacitated person, his or her guardian or any interested party. The special review shall be conducted within 30 days …

(a) Pursuant to N.J.S.A. 30:1-12, 30:4-25.2, 30:4-25.3, 30:4-25.9, 30:4-25.11, 30:6D-1 et seq. ( P.L. 1985, c. 145), and 30:4-60 et seq. ( P.L. 1995, c. 155), the Division of Developmental Disabilities, Department of Human Services (Division), intends this chapter to establish gu…

The provisions of this chapter shall apply to all individuals applying to the Division for eligibility under N.J.S.A. 30:4-25.1 et seq., and 30:4-165.1 et seq. Individuals under the age of 21, individuals who do not meet functional eligibility criteria, and individuals who are no…

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. "Application" means the form available at Division offices or on the Division website at: www.state.nj.us/humanservices/ddd/services/apply/…

(a) An individual must be determined eligible for services under this chapter before the Division can provide services, not including transitional planning to individuals under the age of 21. (b) An individual must have a developmental disability in order to be determined eligibl…

(a) An individual must be a resident of New Jersey before the Division can provide services. It shall be the responsibility of the individual applying for eligibility, or his or her guardian, to establish residency in the State of New Jersey. Residency shall be determined in the …

(a) Application for eligibility to receive Division services at the age of 21 under this chapter may be made by the following individuals: 1. An individual 18 years of age or older may apply on his or her own behalf; 2. The guardian of an individual 18 years of age or older; or 3…

(a) Application shall be made on forms supplied by the Division. (b) Documentation to substantiate a diagnosis of a developmental disability will be required. (c) Minimum information submitted shall include, but not be limited to: 1. Social data, such as name, address, date of bi…

(a) An individual who has been found ineligible by the Division may apply for services again at any time if he or she has obtained a new evaluation(s), which supports that the eligibility criteria are met. (b) The individual shall provide a copy of the evaluation(s) for review by…

(a) An intake worker shall begin a case file upon receipt of an application for determination of eligibility for services. (b) The intake worker shall assist in completion of the application upon request of the applicant. (c) Upon receipt of an application, including all necessar…

(a) Division staff shall notify the applicant, in writing, of the status of the eligibility determination no more than 60 days from receipt of a complete application for determination of eligibility for services. (b) If the eligibility decision cannot be made within 60 days from …

(a) If the individual is determined by the Division not to meet the criteria for eligibility, the Division shall notify the individual in writing within 10 working days of the determination. 1. The notice shall include specific criteria that were not met by the individual. 2. The…

The purpose of this chapter is to establish licensing requirements, promulgated by the Department of Human Services, for private licensed facilities for the developmentally disabled in New Jersey. Such licensing requirements are necessary in order to protect individuals with deve…

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. "Abuse" means any act or omission that deprives an individual of his or her rights or which has the potential to cause or causes actual phy…

(a) The facility shall have an annual fire inspection conducted by a State or local fire official. 1. A written statement or certificate shall be on file at the facility stating that the building(s) are satisfactory for occupancy and meet the minimum requirements of the New Jerse…

(a) All buildings and facilities shall meet all State and local health requirements. (b) There shall be a sufficient supply of hot and cold water at all times, which shall be provided in accordance with N.J.A.C. 8:43-15.6 and N.J.A.C. 8:24. (c) The facility shall provide for the …

(a) Each vehicle used under the auspices of the facility in transporting individuals shall be properly registered, inspected, and insured in accordance with New Jersey State motor vehicles laws and rules. 1. The licensee shall maintain or document valid liability insurance on all…

No private facility for persons with developmental disabilities shall accept individuals until the facility has obtained a license issued by the Department. The facility shall not exceed its licensed capacity. Notes N.J. Admin. Code § 10:47-2.1 Amended by R.2007 d.72, effective 3…

Survey visits may be made to a facility at any time by authorized staff of the Department of Human Services. Such visits may include, but not be limited to, the review of all facility documents, individuals' records and conferences with individuals and staff. Notes N.J. Admin. Co…

(a) A temporary license may be issued to a facility for a period of six months and may be renewed as determined by the Department, based upon the achievement of a substantial degree of compliance with this chapter. (b) A full license may be issued by the Department, based upon co…

The facility shall have available a copy of this chapter (N.J.A.C. 10:47) and other State and Federal regulations relevant to the function of the facility. This includes copies of all regulations cited within this chapter. Notes N.J. Admin. Code § 10:47-3.1

In the case of individuals 60 years of age and over, allegations of abuse or neglect shall also be reported to the New Jersey Office of the Ombudsman (see N.J.S.A. 52:27q-7.1). Notes N.J. Admin. Code § 10:47-3.10

(a) A facility shall develop, and implement on a continuing basis, and internal administrative quality assurance system which shall ensure: 1. Compliance with pertinent Federal, State and local laws and regulations; 2. Effective implementation of the facility's internal policies …

(a) The facility shall establish rules of conduct which promote individual growth by incorporating procedures for reinforcement of positive behaviors and consequences for negative behaviors.1. No medication shall be used for the convenience of staff, as a substitute for programs,…

(a) The facility shall have written admission policies and criteria for admission which shall include: 1. Chronological age; 2. The level of developmental programming; 3. Other services offered; 4. A physical description of the facility; and 5. Fees for care. (b) The written desc…

(a) Individual records shall include the following data: 1. The full name and sex of the individual; 2. A copy of the individual's birth certificate or a written statement of the individual's birth date and birth place, including a copy of any guardianship determination made in a…