N.J. Admin. Code § 10:195-2.2

Current through Register Vol. 56, No. 21, November 4, 2024

Section 10:195-2.2 - Placements

(a) Each out-of-State residential program serving one or more New Jersey children shall meet or exceed the applicable New Jersey rules for the type of program it most closely resembles, as specified at N.J.A.C. 10:44A, 10:44B, 10:44C, 10:47, 10:127, 10:128, or such other rules governing New Jersey residential programs for children as may be adopted.

1. When a program serves children placed or facilitated by the Department of Children and Families, that Department shall determine which of its rules apply to the program, as specified at N.J.A.C. 10:127 or 10:128. The applicable Department of Children and Families rules shall take precedence over Department of Human Services rules in such cases.

2. When a program serves children placed or facilitated by the Department of Human Services, that Department shall determine which of its rules apply to the program, as specified at N.J.A.C. 10:44A, 10:44B, 10:44C, or 10:47. The applicable Department of Human Services rules shall take precedence over Department of Children and Families rules in such cases.

3. When a program serves children placed or facilitated by both the Department of Human Services and the Department of Children and Families, the Departments shall agree on which rules take precedence.

(b) When a child is in need of placement, the placing agency shall attempt to place the child in an appropriate New Jersey residential program before placing the child in an out-of-State residential program on a permanent basis. The placing agency shall document efforts to place the child in New Jersey before seeking out-of-State placement.

(c) When a child is in need of emergency placement in an out-of-State program that has not been evaluated by the Department, the placing agency may place the child, provided that:

1. Before the child is placed, the placing agency shall first determine that the out-of-State program is free of serious or imminent hazards to the health, safety, rights or welfare of the child to be placed therein; and

2. The placing agency or the out-of-State program shall request an inspection, as specified in 10:195-2.1, to be conducted within 30 days of placement.

N.J. Admin. Code § 10:195-2.2