Title 52, Title 52: STATE GOVERNMENT, DEPARTMENTS AND OFFICERS

52:27D-389. Formula for allocation Within each level of qualifying municipalities, the share of each qualifying municipality of the funds allocated to that level shall be determined by the following formula: MS = (RD / ARD) x F Where: MS is the share, not to exceed $3,900,000, to…

52:27D-39. Reports, certifications, applications or requests; filing Unless specifically otherwise provided in this act or by any operative law, whenever, pursuant to existing law, reports, certifications, applications or requests are required or permitted to be made to the depar…

52:27D-390. Determination The State Treasurer shall annually, on or before November 1, make a determination of the qualifying municipalities and determine the amount of funds to be apportioned to each qualifying municipality for the next succeeding local budget year. The State Tr…

52:27D-391. Payment The State Treasurer, upon the warrant of the State Comptroller, shall annually, on or before July 15, pay to each qualifying municipality the amount determined. L.1990,c.85,s.8.

52:27D-392. Reduction in property tax level The funds to be received by a qualifying municipality pursuant to this act shall be appropriated by the municipality in compliance with the "Local Budget Law," N.J.S.40A:4-1 et seq. Notwithstanding any provisions of the "Local Budget La…

52:27D-393. Approval of budget The Director of the Division of Local Government Services shall not approve the budget of any qualifying municipality if the director determines that the funds received pursuant to this act have not been used to reduce the local property tax levy. L…

52:27D-394. Appropriation Commencing with State fiscal year 1992, the Legislature shall annually appropriate the sum of $33,000,000 for the purpose of reducing the local property tax levy in qualifying municipalities. L.1990,c.85,s.11.

52:27D-395. Short title This act shall be known and may be cited as the "Community Action Agency Act." L.1991,c.51,s.1.

52:27D-396. Findings, declarations The Legislature finds and declares that: a. Although the economic well-being and prosperity of this State has surpassed most states in the United States and although these benefits are widely shared throughout the State, poverty continues to aff…

52:27D-397. Definitions As used in this act: a. "Commissioner" means the Commissioner of Community Affairs; b. "Community" means a municipality, county or any part or combination thereof which represents a reasonable geographic area and sufficient population for community action …

52:27D-398. Establishment of community action board a. A community action agency shall establish a community action board to administer the agency and its functions. The agency shall promulgate bylaws which shall include the number of members to be appointed to the board, the len…

52:27D-399. Purposes of community action agency A community action agency shall have the following purposes: a. To research and collect information concerning the obstacles in the community that prevent the self-sufficiency of all residents, including, but not limited to, unemplo…

52:27D-4. Assistant commissioners; appointment; salary; powers and duties The commissioner shall be assisted in the performance of his duties by 2 Assistant Commissioners of Community Affairs, who shall be persons qualified by training and experience to perform the duties of thei…

52:27D-40 Definitions. 40. Whenever the term "Division of Local Government" occurs or any reference is made thereto in any law, contract or document, the same shall be deemed to mean or refer to the Division of Local Finance in the Department of Community Affairs established here…

52:27D-400. Goals of community action programs. 6. Community action programs shall have, but not be limited to, the following goals: a. Securing and retaining employment, attaining adequate education and obtaining decent and affordable housing for community residents; b. Assistin…

52:27D-401. Powers of community action agency A community action agency shall have the following powers: a. To adopt bylaws; b. To implement and administer community action programs; c. To enter into any agreement or contract with any public, private nonprofit or profit-making ag…

52:27D-402. Assurances of present or future funding a. Consistent with the Community Services Block Grant Act the State shall provide assurances that any eligible entity which received funding in the previous fiscal year under this act will not have its present or future funding …

52:27D-403. Approval of allocation of federal funds The commissioner shall approve the allocation of federal funds for community action agencies according to the requirements of federal law. L.1991,c.51,s.9.

52:27D-404. Distribution of State Funds In the event that Community Services Block Grant Act funds are no longer available, and if State funds are then made available to the commissioner for the community action agencies, then those funds shall be distributed according to the pro…

52:27D-405. Rules, regulations The commissioner shall adopt any rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) as are deemed necessary to effectuate the purposes of this act, including the promulgation of fiscal control …

52:27D-406. Short title 1. This act shall be known and may be cited as the "Adult Protective Services Act." L.1993,c.249,s.1.

52:27D-407 Definitions. 2. As used in this act: "Abuse" means the willful infliction of physical pain, injury or mental anguish, unreasonable confinement, or the willful deprivation of services which are necessary to maintain a person's physical and mental health. "Caretaker" mea…

52:27D-408. Comprehensive public awareness program; task force 3. a. The commissioner shall establish a comprehensive public awareness program to inform the general public and social service agencies as to the nature of abuse, neglect and exploitation, the method for their report…

52:27D-409 Report of suspected abuse, neglect, exploitation. 4. a. (1) A health care professional, law enforcement officer, firefighter, paramedic or emergency medical technician who has reasonable cause to believe that a vulnerable adult is the subject of abuse, neglect or explo…

52:27D-41. Repeal of inconsistent acts and parts of acts All acts and parts of acts inconsistent with any of the provisions of this act are, to the extent of such inconsistency, hereby repealed. L.1966, c. 293, s. 41.

52:27D-410. Access for reporting abuse, neglect, exploitation; evaluation 5. a. A county adult protective services provider shall provide access for reporting abuse, neglect and exploitation. Information shall also be available to a person who reports abuse, neglect or exploitati…

52:27D-411. Determination of need for protective services; referrals 6. a. If a determination is made by the county adult protective services provider that there is reasonable cause to believe that the vulnerable adult has been the subject of abuse, neglect or exploitation, the c…

52:27D-412. Petition for order enjoining caretaker from interfering with provision of services 7. a. If the vulnerable adult's caretaker or any other person interferes with the provision of protective services, the county adult protective services provider shall petition the cour…

52:27D-413. Petition for authorization to provide emergency protective services; hearing 8. a. If the county director or his designee reasonably determines that an emergency exists and the vulnerable adult refuses or is unable to consent to the protective services, the county dir…

52:27D-414. Petition for order authorizing provision of protective services 9. a. If the county director or his designee reasonably determines that a vulnerable adult will incur a substantial risk of physical harm or deterioration without protective services, and the adult refuse…

52:27D-415. Permanent changes in living situation not authorized 10. Permanent changes in the living situation of an abused, neglected or exploited vulnerable adult shall not be made under authority of this act. If a permanent change in the living situation or nonemergency medica…

52:27D-416. Legal action 11. In order to protect a vulnerable adult, the county director or his designee may initiate appropriate legal action including, but not limited to, petitioning for guardianship or conservatorship. L.1993,c.249,s.11.

52:27D-417. Motion for review of court order 12. The vulnerable adult, or individual or organization designated responsible for the provision of protective services for the vulnerable adult, has the right to bring a motion for review of a court order issued pursuant to this act, …

52:27D-418. Payments 13. The court may order payments to be made by or on behalf of the vulnerable adult for protective services from his own estate. L.1993,c.249,s.13.

52:27D-419. Report of alleged criminal act 14. If the county director or his designee has reasonable cause to believe that a caretaker or other person has committed a criminal act against a vulnerable adult including, but not limited to, P.L.1989, c.23 (C.2C:24-8), he shall immed…

52:27D-42. Appropriation There is hereby appropriated to the Department of Community Affairs the sum of $200,000.00 to carry out the purposes of this act for the fiscal period ending June 30, 1967; provided, that out of the sum hereby appropriated there shall be paid, for the per…

52:27D-420. Confidentiality of records, communications 15. All records and communications pertaining to any report, evaluation, or service provided pursuant to this act are confidential. All third party information, together with the identities of the reporters, witnesses and the…

52:27D-421. Central registry 16. The commissioner shall establish a central registry for the receipt and maintenance of all reports of suspected abuse, neglect and exploitation of vulnerable adults. The department shall compile and maintain in the central registry demographic dat…

52:27D-422. Training program 17. The commissioner or his designee shall establish a training program for county protective services provider staff which shall be offered at least annually and shall include a minimum of 90 classroom hours. This training shall be required during th…

52:27D-423. Rules, regulations 18. The commissioner shall adopt rules and regulations in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) as may be deemed necessary to effectuate the purposes of this act. The rules and regulations shall inc…

52:27D-424. Annual report 19. The commissioner shall report annually to the Governor and the Legislature on the effectiveness of this act, and make recommendations for the prevention and alleviation of the abuse, neglect and exploitation of vulnerable adults. L.1993,c.249,s.19.

52:27D-425. Nonapplicability of act 20. Nothing in this act shall be deemed or construed to limit or preempt the provisions of P.L.1977, c.239 (C.52:27G-1 et seq.) regarding the institutionalized elderly. L.1993,c.249,s.20.

52:27D-426 Transfer of funding, programs, positions. 21. a. All funding, programs, and positions created to provide adult protective services are continued and shall be transferred to the Department of Human Services. The Department of Community Affairs shall provide the Departme…

52:27D-427 Definitions. 14. As used in sections 14 through 24 of P.L.1993, c.288 (C.52:27D-427 through C.52:27D-437): "Business firm" means and includes any corporation, company, association, society, firm, partnership or joint stock company, or any sole proprietor, engaged in, a…

52:27D-428 Certification of business firms performing lead evaluation, abatement work. 15. a. A business firm shall neither directly nor indirectly perform lead evaluation or abatement work without first obtaining certification from the department. Certification may be issued to …

52:27D-429. Certification regulations 16. The certification required pursuant to section 15 of P.L.1993, c.288 (C.52:27D-428) shall be for a period not to exceed two years and shall not be transferable. A business firm may apply for recertification during the 90-day period before…