Title 30, Title 30: INSTITUTIONS AND AGENCIES

30:6D-56 Short title. 1. This act shall be known and may be cited as the "New Jersey Autism Biomedical Research Act." L.1999, c.105, s.1; amended L.2007, c.168, s.1.

30:6D-57 Findings, declarations relative to autism. 2. The Legislature finds and declares that: a. Autism and autism spectrum disorders are biologically-based developmental disorders which cause severe impairments in language and communication and generally manifest in young chil…

30:6D-58 Definitions relative to autism. 3. As used in this act: "Autism" includes autism spectrum disorders to the extent determined by the council to be appropriate. "Center" means the Center of Excellence for Autism established pursuant to this act. "Council" means the "Govern…

30:6D-58.1 References to Council. 7. Whenever the term "Governor's Council for Medical Research and Treatment of Infantile Autism" occurs or any reference is made thereto in any law, contract or document, the same shall be deemed to mean or refer to the "Governor's Council for Me…

30:6D-59 "Governor's Council for Medical Research and Treatment of Autism. 4. a. There is established in the Department of Health and Senior Services, the "Governor's Council for Medical Research and Treatment of Autism." The council shall be composed of 14 members as follows: se…

30:6D-5a Use of audio recording device by certain persons with developmental disabilities. 1. A person with a developmental disability who resides in a facility, as that term is defined in section 3 of P.L.1977, c.82 (C.30:6D-3), or the person's legal guardian, when applicable, m…

30:6D-5b Use of medical cannabis for certain patients with developmental disabilities. 2. a. The chief administrator of a facility that offers services for persons with developmental disabilities shall develop a policy authorizing a parent, guardian, or designated caregiver autho…

30:6D-6. Employment and promotion of developmentally disabled by agency or institution providing services Every public or private agency, organization or institution providing services for persons with developmental disabilities shall take affirmative action to employ and advance…

30:6D-60 Center of Excellence for Autism. 5. a. The council shall make awards of grants and contracts to public and nonprofit private entities to pay all or part of the cost of planning, establishing, improving and providing basic operating support for a Center of Excellence for …

30:6D-61 Duties of council, director. 6. The council shall provide guidance and direction to the director of the council, who shall be responsible for the following duties: a. Carry out a program to provide information and education on advances in the diagnosis and biomedical tre…

30:6D-62 Authorizations for appropriations for purposes of the act. 8. Authorizations for appropriations under this act are in addition to any other authorization of appropriations that is available for the purposes of this act, and shall not supplant any existing or future fundi…

30:6D-62.1 Annual appropriation to Governor's Council for Medical Research and Treatment of Autism. 1. Beginning in Fiscal Year 2001 and in each fiscal year thereafter, the Governor shall recommend and the Legislature shall appropriate $1,500,000 from the General Fund to the Gove…

30:6D-62.2 "Autism Medical Research and Treatment Fund" established. 1. a. There is established in the Department of the Treasury a nonlapsing fund to be known as the "Autism Medical Research and Treatment Fund." This fund shall be the repository for moneys provided pursuant to s…

30:6D-62.3 Findings, declarations relative to Asperger's Syndrome. 1. The Legislature finds and declares that: a. Asperger's Syndrome is a Pervasive Developmental Disorder often characterized by autistic-like behaviors and marked by deficiencies in social and communication skills…

30:6D-62.4 Asperger's Syndrome Pilot Initiative established in DHS. 2. The Commissioner of Human Services shall establish the Asperger's Syndrome Pilot Initiative in the Department of Human Services. a. The purpose of the initiative shall be to provide vocational, educational and…

30:6D-63 Definitions relative to criminal history background checks for community agency employees. 1. As used in this act: a. "Commissioner" means the Commissioner of Human Services. b. "Community agency employee" means any individual 18 years of age or older who is employed by …

30:6D-64 Contract with community agency. 2. a. Any community agency under contract with or licensed by the Department of Human Services shall not pay or contract for any employee or agency head for the provision of services unless it has first been determined, consistent with the…

30:6D-65 Authorization to exchange data. 3. An individual who is a current, or prospective, community agency head, community agency employee, community care residence applicant, community care residence alternate, or community care residence household member shall submit to the C…

30:6D-66 Written notice to applicant, employer of record information. 4. No longer than 14 days from receipt of the criminal history record information from the Federal Bureau of Investigation and the Division of State Police, the department shall notify the individual and the co…

30:6D-67 Petition for hearing. 5. The individual may petition for a hearing on the accuracy of the criminal history record information with the appropriate State or federal agency or court. L.1999, c.358, s.5; amended 2000, c.97, s.5; 2017, c.328, s.5.

30:6D-68 Maintenance of information. 6. The department shall maintain all criminal history record information submitted under this act in accordance with rules and regulations which the commissioner shall adopt to implement the provisions of this act. L.1999, c.358, s.6; amended …

30:6D-69 Initiation of background check. 7. In accordance with this act, the department shall initiate a criminal history record background check on all community agency heads, community agency employees, community care residence applicants, community care residence alternates, o…

30:6D-7. Habeas corpus; enforcement of rights Every developmentally disabled person in residence or attendance at any facility shall be entitled to a writ of habeas corpus upon proper petition by such person, or a parent, guardian, representative of guardian services, attorney or…

30:6D-70 Report to Governor, Legislature. 8. The commissioner shall report to the Governor and the Legislature no later than three years from the effective date of this act on the effectiveness of the criminal history record background checks in screening out prospective or curre…

30:6D-71 Rules, regulations. 9. In accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the commissioner shall adopt rules and regulations necessary to implement the provisions of this act. L.1999,c.358,s.9.

30:6D-72 Assumption of cost of background checks. 10. The Department of Human Services shall assume the cost of all criminal history record background checks required pursuant to the provisions of this act. L.1999,c.358,s.10.

30:6D-73 Findings, declarations relative to individuals with developmental disabilities. 1. The Legislature finds and declares that: a. It is in the public interest for the State to provide for the protection of individuals with developmental disabilities by identifying those car…

30:6D-74 Definitions relative to individuals with developmental disabilities. 2. As used in P.L.2010, c.5 (C.30:6D-73 et seq.): "Abuse" means wrongfully inflicting or allowing to be inflicted physical abuse, sexual abuse, or verbal or psychological abuse or mistreatment by a care…

30:6D-75 Report of abuse required. 3. a. (1) A case manager or case manager's supervisor in the department, a person employed or volunteering in a program, facility, community care residence, or living arrangement licensed or funded by the department, a person conducting a site v…

30:6D-76 Actions by department after receiving reports. 4. a. Upon receipt of a report pursuant to section 3 of P.L.2010, c.5 (C.30:6D-75), the department shall designate an entity, as established by the commissioner, that shall immediately take such action as shall be necessary …

30:6D-77 Central Registry of Offenders Against Individuals with Developmental Disabilities. 5. a. There is established a Central Registry of Offenders Against Individuals with Developmental Disabilities in the department. b. The commissioner shall adopt rules and regulations that…

30:6D-78 Records of report deemed confidential; exceptions. 6. a. All records of a report made pursuant to section 3 of P.L.2010, c.5 (C.30:6D-75), all information obtained by the department in investigating such reports, and all reports of findings forwarded to the central regis…

30:6D-79 Emergency telephone service. 7. The department shall maintain, at all times, an emergency telephone service for the receipt of calls involving a report, complaint, or allegation of abuse, neglect, or exploitation against an individual with a developmental disability. L.2…

30:6D-8. Rights, obligations and prohibitions; notice; oral explanation; posting The chief administrator of any facility for persons with developmental disabilities shall cause a written notice of the rights, obligations and prohibitions set forth in this act to be given every de…

30:6D-80 Immunity from liability, discrimination. 8. A person acting pursuant to this act in the making of a report under this act shall have immunity from any civil or criminal liability that might otherwise be incurred or imposed. Such a person shall have the same immunity with…

30:6D-81 Report to Governor, Legislature. 9. The Commissioner of Human Services shall study and assess the Central Registry of Offenders Against Individuals with Developmental Disabilities, and report two years after the effective date of this act to the Governor, and to the Legi…

30:6D-82 Rules, regulations, reporting procedures. 10. The Commissioner of Human Services shall adopt rules, regulations and reporting procedures, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to carry out the purposes of this act. L.2010, c…

30:6D-9. Services by facilities; maximization of developmental potential Every service for persons with developmental disabilities offered by any facility shall be designed to maximize the developmental potential of such persons and shall be provided in a humane manner in accorda…

30:6D-9.1 Definitions relative to community-based residential programs. 1. As used in sections 1 through 6 of P.L.2017, c.238 (C.30:6D-9.1 et seq.): "Abuse" means the same as that term is defined by section 2 of P.L.2010, c.5 (C.30:6D-74). "Commissioner" means the Commissioner of…

30:6D-9.2 Site visits and evaluations of every community-based residential program facility. 2. a. The commissioner, or the commissioner's designee, shall designate employees of the Department of Human Services, who may be case managers employed by the department or an agency und…

30:6D-9.3 Provision of notification of injuries of developmentally disabled individual; specification. 3. a. A provider or licensee of a community-based residential program or day program shall provide notification, in accordance with the provisions of subsection b. of this secti…

30:6D-9.4 Verification of the level of severity of the injury, incident. 4. Within 48 hours after receipt of a report of an incident involving moderate physical injury, major physical injury, or abuse, neglect, or exploitation in a State developmental center or community-based re…

30:6D-9.5 Drug testing for direct care staff applicants and employees. 5. a. (1) A person applying for employment as a direct care staff member at a program, facility, or living arrangement licensed or funded by the department, other than a developmental center that is already su…

30:6D-9.6 Meetings with parents and guardians of developmentally disabled residents; request for contact information. 6. a. Each State developmental center shall biannually schedule a meeting with parents and guardians of individuals with developmental disabilities residing in th…

30:6D-9.7 Department of Human Services website posting of the law. 13. The Department of Human Services shall post a copy of P.L.2017, c.238 (C.30:6D-9.1 et al.) on its website. L. 2017, c.238, s.13.

30:6D-9.8 Rules, regulations. 14. 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 necessary to effectuate the purposes of this act. L. 2017, c.238, s.14.