Title 30, Title 30: INSTITUTIONS AND AGENCIES

30:6D-12.1 Short title. 1. Sections 1 through 6 of this act shall be known as the "Self-Directed Support Services for Persons with Developmental Disabilities Rights Act." L.2008, c.128, s.1.

30:6D-12.2 Findings, declarations relative to self-directed support services for persons with developmental disabilities. 2. The Legislature finds and declares that: a. There is a need for innovative approaches to meet the needs of persons with developmental disabilities; b. Whil…

30:6D-12.3 Definitions relative to self-directed support services for persons with developmental disabilities. 3. As used in this act: "Commissioner" means the Commissioner of Human Services. "Department" means the Department of Human Services. "Developmental disability" means de…

30:6D-12.4 Responsibilities of the commissioner. 4. The commissioner shall ensure that: a. the provisions of section 9 of P.L.1977, c.82 (C.30:6D-9), concerning the design of services to maximize the developmental potential of persons with developmental disabilities with full rec…

30:6D-12.5 Rights applicable to persons receiving self-directed support services. 5. a. A right recognized in section 4 of P.L.1977, c.82 (C.30:6D-4), shall apply to persons receiving self-directed support services pursuant to P.L.2008, c.128 (C.30:6D-12.1 et al.). b. A person re…

30:6D-12.6 Development, expansion of self-directed support services. 6. a. Except in the case of a short-term pilot program, the commissioner shall, to the extent feasible, develop and expand the use of self-directed support services throughout the State, and eliminate obstacles …

30:6D-13. Legislative findings The Legislature finds that in keeping with current State and national goals, increasing numbers of developmentally disabled persons are being placed into community residences as an alternative to institutional confinement. Such deinstitutionalizatio…

30:6D-14 Definitions. As used in this act: a. "Department" means the Department of Human Services. b. "Community residential facility" means any residential arrangement, public or private, other than an institution, in which one or more developmentally disabled persons reside und…

30:6D-15. Persons to whom act applicable This act shall apply to every developmentally disabled person who is receiving services from the department, is not related by reason of blood, marriage or adoption to the operator of the community residential facility, and who has been pl…

30:6D-16. Individual habilitation plans; preparation; conditions of transfer; review of plan a. Except in emergency situations, the department shall ensure that an individual habilitation plan is prepared for each developmentally disabled person subject to transfer at least 30 da…

30:6D-17. Residents of community residential facility; rights; enforcement The department shall ensure that every developmentally disabled person in a community residential facility receives adequate medical and dental care, a nutritionally adequate diet, a full daily program of …

30:6D-18. Requirements for geographic location of site of transfer To the maximum extent possible, the department shall not transfer any developmentally disabled person to a geographic location that cannot be readily visited by those persons interested in the well-being of the de…

30:6D-19. Requirements for staff of community residential facility The department shall not allow a developmentally disabled person to be transferred or to reside in a community residential facility unless the staff of the facility is adequately trained to meet the needs of the d…

30:6D-2. Legislative findings and declarations The Legislature finds and declares that the developmentally disabled are entitled to certain fundamental rights as citizens and that these rights shall not be abrogated solely by reason of admission to any facility or receipt of any …

30:6D-20. Monthly visit by case manager The department shall ensure that every developmentally disabled person covered by this act is visited at least monthly by a case manager employed by the department or by an agency under contract to the department. L.1983, c. 524, s. 8, eff.…

30:6D-21. Transfer only if consistent with best interests of developmentally disabled person; failure to adjust; transfer A transfer shall be made only when consistent with the best interests of the developmentally disabled person. The department shall ensure that a developmental…

30:6D-21.1 Transfers not mandatory. 1. The Division of Developmental Disabilities, except as provided in section 2 of this act, shall not transfer, or otherwise compel the transfer of, an individual with a developmental disability who is currently residing in an out-of-State plac…

30:6D-21.2 Inapplicability of C.30:6D-21.1. 2. The provisions of section 1 of this act shall not apply if: a. The United States Department of Justice, the Centers for Medicare & Medicaid Services, or a federally-designated state protection and advocacy organization has deemed the…

30:6D-21.3 Certain obligations unaffected. 3. Nothing in this act shall alleviate the obligations of the department under section 9 of P.L.1977, c.82 (C.30:6D-9) or section 9 of P.L.1983, c.524 (C.30:6D-21). L.2015, c.192, s.3.

30:6D-22. Rules and regulations The Commissioner of the Department of Human Services shall promulgate those rules and regulations as are necessary to effectuate this act. L.1983, c. 524, s. 10, eff. Jan. 17, 1984.

30:6D-23. Short title This act shall be known and may be cited as the "Division of Developmental Disabilities Act." L. 1985, c. 145, s. 1.

30:6D-24. Division of developmental disabilities established There is established in the State Department of Human Services a Division of Developmental Disabilities. L. 1985, c. 145, s. 2.

30:6D-25 "Developmental Disabilities Act" definitions. 3. For the purposes of this act: a. "Commissioner" means the Commissioner of Human Services. b. "Developmental disability" means a severe, chronic disability of a person which: (1) is attributable to a mental or physical impa…

30:6D-26. Director; employees The administrator and head of the division shall be a director who shall be known as the Director of the Division of Developmental Disabilities. The director shall be a person qualified by training and experience to perform the duties of the office a…

30:6D-27 Duties of director. 5. In addition to other functions, powers and duties vested in him by this act or any other law, the director shall: a. Provide services for eligible persons with developmental disabilities by identifying appropriate programs to meet their needs and b…

30:6D-27.1. Division of Development Disabilities administrators, duties 31. The director or other chief administrative officer of any public office of the Division of Developmental Disabilities shall: a. cause copies of the voter registration forms and instructions provided for u…

30:6D-27.2 Availability of applications for services and supports in multiple languages for persons with developmental disabilities from Department of Human Services. 2. The Commissioner of Human Services shall make available in at least the five most common languages spoken in t…

30:6D-27.3 Service accessibility through cultural competency and language access. 3. The Division of Developmental Disabilities shall consult with the Office of New Americans in the Department of Human Services, established pursuant to Executive Order No. 74 (2019), to ensure ser…

30:6D-27.4 Definitions relative to public emergency response plans. 1. a. As used in this section: "Client" means an individual with a developmental disability who receives services from the department or any licensed service provider. "Department" means the Department of Human S…

30:6D-28. Transfers a. All of the functions, powers and duties of the Division of Mental Retardation in the Department of Human Services and of the director of that division are transferred to the Division of Developmental Disabilities. b. Unless specifically otherwise provided i…

30:6D-29. References to Division of Mental Retardation With respect to the functions, powers and duties hereby transferred to the Division of Developmental Disabilities, whenever reference is made in any law, contract or document to the Division of Mental Retardation or to the di…

30:6D-3 Additional definitions. 3. As used in this act, unless a different meaning clearly appears from the context: a. "Developmental disability" means a severe, chronic disability of a person which: (1) is attributable to a mental or physical impairment or combination of mental…

30:6D-30 Eligibility continued. 8. Notwithstanding any provisions of this act to the contrary, the eligibility of persons with intellectual disabilities for services of the division shall continue as provided in chapter 4 of Title 30 of the Revised Statutes. L.1985, c.145, s.8; a…

30:6D-31. Disability after age 22 Within the limits of available funding and services, the director may declare as eligible for services under this act individuals who meet the criteria for developmental disability pursuant to subsection b. of section 3 of this act except that th…

30:6D-32. Rules, regulations The commissioner shall, pursuant to the provisions of the "Administrative Procedure Act," P.L. 1968, c. 410 (C. 52:14B-1 et seq.), adopt rules and regulations necessary to effectuate the purposes of this act. L. 1985, c. 145, s. 10.

30:6D-32.1 Findings, declarations relative to community care residential providers. 1. The Legislature finds and declares that: a. Community care residential providers for adults with developmental disabilities in the State of New Jersey, as defined by N.J.A.C.10:44B-1.3, provide…

30:6D-32.10 Annual publication of report; contents. 5. The division shall annually publish a report, to be made available on the department's website, containing non-identifying aggregate data about eligible persons. The report shall, at a minimum, include: a. the number of eligi…

30:6D-32.11 Report to Governor, Legislature. 6. The department shall report to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), two years after the effective date of this act as to: the progress of the data collection and reporting req…

30:6D-32.12 Rules, regulations. 7. The Commissioner of Human Services, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations to effectuate the purposes of sections 3 and 4 of this act. L.2011, c.163, s.7.

30:6D-32.2 Agreement between community care residential providers and State. 2. a. The Commissioner of the New Jersey Department of Human Services, on behalf of the State of New Jersey, shall meet in good faith with the CWA, as the recognized exclusive majority representative of …

30:6D-32.3 Construction of act. 3. No provision of this act or provision of any agreement entered into, renewed or extended pursuant to this act shall be construed as: a. Interfering with the rights of the Department of Human Services to place or remove clients from the homes of …

30:6D-32.4 Authority of DHS intact. 4. No action may be taken under this act that would derogate from the status, functions or authority of the Department of Human Services in its capacity as Lead Agency, or in any other capacity, in the placement and care of persons with develop…

30:6D-32.5 Construction of act. 83. a. Nothing in this act shall be construed as intended to result in a reduction of federal funds that may be available to the State. b. Nothing in this act shall be construed to alter or otherwise affect the current or future protections, fundin…

30:6D-32.6 Findings, declarations relative to services for persons with developmental disabilities. 1. The Legislature finds and declares that: a. Reliable and current data about the service needs of persons with developmental disabilities who are eligible for services from the D…

30:6D-32.7 Definitions relative to services for persons with developmental disabilities. 2. As used in this act: "Department" means the Department of Human Services. "Division" means the Division of Developmental Disabilities in the Department of Human Services. "Eligible person …

30:6D-32.8 Collection of information, maintenance of database. 3. a. The Division of Developmental Disabilities shall collect, and when practical maintain a database of, information about eligible persons with developmental disabilities pursuant to this section. b. The division s…