N.J. Admin. Code § 10:37A-11.4

Current through Register Vol. 56, No. 24, December 18, 2024

Section 10:37A-11.4 - Miscellaneous provisions regarding the exclusion and discharge of consumers from supervised residences

(a) A PA shall not discharge or exclude a consumer from a supervised residence as a retaliation or reprisal for such consumer's attempt to assert his or her rights, desires, or needs.

(b) Exclusion. Whenever a consumer's behavior presents a substantial, immediate threat to the physical safety of others, or to the emotional or psychological health of other consumers, the PA may remove the consumer immediately and temporarily, if necessary, and may prevent the consumer from returning until the immediate threat has been obviated. The PA may not discharge such consumer, however, unless a condition for discharge listed at N.J.A.C. 10:37A-11.2 exists, and unless the PA follows all procedures for discharge set forth in this chapter. If the PA prevents the consumer's return for more than 24 hours, it must comply with the following procedures:

1. The proposed decision shall be submitted to the chief executive officer of the PA for his or her approval;

2. If the chief executive officer approves, the PA shall schedule an administrative review of such exclusion within the next 48 hours, before a reviewing officer appointed as set forth in N.J.A.C. 10:37A-11.3(d), and such review shall determine the propriety of the continuation of such exclusion. Such review shall be conducted pursuant to the procedures set forth at N.J.A.C. 10:37A-11.3(d), to the extent that such procedures are feasible and applicable. The reviewing officer shall make such order as he or she shall consider fair and appropriate.

(c) The PA shall maintain the consumer's residential placement during brief hospitalizations and temporary absences for at least 30 days from the date of such consumer's admission to a hospital, or from the date of such consumer's leaving the residence.

(d) The PA must exercise reasonable care to safeguard the consumer's property for a reasonable period of time after the consumer is discharged, and in any event for at least 30 days.

(e) A shelter for the homeless shall not be considered an appropriate alternative residence as required pursuant to this subchapter.

N.J. Admin. Code § 10:37A-11.4

Amended and recodified from 10:37A-9.4 by 48 N.J.R. 1636(a), effective 8/15/2016