N.J. Admin. Code § 10:46B-4.1

Current through Register Vol. 56, No. 17, September 3, 2024

Section 10:46B-4.1 - General standards for placement decisions

(a) Appropriations for placements received by the Division may be targeted to specific populations. The budget language may identify the persons eligible for consideration for placement. If no such language is provided, the Division shall be guided by (d) below.

(b) Placements are offered to persons in need of emergency residential services as defined in 10:46B-3.3.

(c) When a person has been placed outside the State of New Jersey by the Division, a caregiver, family member, legal guardian, or another state or county entity, the Division shall make every effort to return him or her to the State of New Jersey as soon as possible unless the conditions of P.L. 2015, c. 192 or N.J.A.C. 10:46B-4.3 have been met, as applicable. The Division shall not be responsible to return the individual to New Jersey until such time as the individual has been found eligible for services and the Division has assumed responsibility for funding.

(d) When a vacancy occurs in an existing program or an appropriation is targeted for a specific population, Division staff shall identify individuals to be placed, using the following criteria and considering any other information pertinent to the needs of the specific individual. No specific weight or priority shall be given to the 10 categories listed below:

1. The age, sex and functioning level of the individual and the geographic proximity of the proposed placement to interested family and/or friends;

2. The present needs of the individual as well as anticipated future needs;

3. Preferences including where the individual wishes to live, with whom the individual wishes to live and how geographically close to family and friends the individual wishes to live;

4. The ability of the placement to meet the individual's needs;

5. The likelihood of the success of the placement, including a review of past clinical or diagnostic history;

6. The stability of the individual's present placement, including how well the placement meets the behavior and/or medical needs of the individual;

7. The availability of a caregiver or parent to continue to provide care;

8. The availability of continued funding of a current placement by a party other than the Division;

9. The potential that the placement will be long term; and

10. Acceptance of the individual by the service provider.

(e) In the instance that a placement is equally appropriate for more than one individual, the placement shall be offered to the individual placed in the Priority Waiting List Category the longest, unless exceptional circumstances warrant otherwise based on each individual's circumstances and need for such services at the time placement becomes available.

(f) Information concerning the individual shall be provided to the individual(s) or agency(s) offering placement. The release of these records to further the individual's habilitation goals is consistent with the requirements of 10:41-4.1(g), (h), and (i). Specific authorization from the competent individual or legal guardian shall not be required.

(g) When a placement is offered, the individual, legal guardian, and/or family shall be notified by telephone and in writing. Alternate forms of communication shall be provided as appropriate. The written notification shall ask that the individual or legal guardian respond in writing within 14 calendar days of receipt, whether the offer is accepted or rejected. When the Division agrees that the individual is in need of guardianship services and a family member or the Bureau of Guardianship is pursuing guardianship, the Division shall recognize the proposed guardian as the decision-maker.

(h) When a placement is offered, the individual, legal guardian and/or family shall be given an opportunity to tour the placement and the site of any day programs to be provided.

(i) In the case of residential placements, it is expected in most cases that an overnight visit will occur. The overnight visit may be waived or additional visits required upon mutual agreement of the individual or legal guardian, the Division and the prospective provider.

(j) An IHP shall be developed by the IDT at least 30 days prior to the projected date of placement, except in an emergency. Family members may attend the IHP meeting unless there is an objection by the individual or legal guardian.

1. The IHP shall indicate the habilitation goals to be achieved by the placement, and the services needed during the transition.

2. The IHP shall be reviewed and revised as necessary, but not later than 30 days following placement.

N.J. Admin. Code § 10:46B-4.1

Administrative change, 46 N.J.R. 2367(a).

Amended by 49 N.J.R. 3989(a), effective 12/18/2017