N.J. Admin. Code § 10:46B-2.1

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

Section 10:46B-2.1 - General standards for administration of placements

(a) The Division recognizes that families provide care for most individuals with developmental disabilities.

(b) Individual and family support shall be provided whenever possible to avoid long term out-of-home placements. Such support shall be provided to the family in accordance with N.J.A.C. 10:46A, subject to the availability of funding in a given fiscal year.

(c) The Division recognizes that, even with support, not all families or caregivers can provide the individual with a living arrangement. The Division further recognizes that even when the family or caregiver can support the individual, the family or caregiver should not be expected to provide support indefinitely.

(d) Whenever possible, the individual shall be offered an available placement in a setting which is least restrictive of his or her personal liberty.

(e) Because an individual's needs and abilities change, no out-of-home placement shall be considered permanent.

(f) When placement is appropriate, every effort shall be made to place an individual within New Jersey.

(g) The Division shall make every effort to return individuals placed out-of-State to an in-State residence as soon as possible, except where the conditions stipulated in P.L. 2015, c. 192 exist or N.J.A.C. 10:46B-4.3 have been satisfied, as applicable.

(h) The Division shall place an individual only in a licensed facility appropriate for that individual, as documented in his or her IHP. (See (j) below.) An individual may choose to live independently in an unlicensed facility and may continue to receive support services from the Division, in which case the provisions of this chapter shall not apply.

(i) When funding from a source other than the Division is available to the individual, Division staff may broker a placement. In such an instance, the Division shall not be responsible to provide any funding for placement. If the Division brokers a placement, the person's current waiting list status shall continue.

(j) The IHP specifies both the prioritized goals and objectives being pursued by each individual and the steps being taken to achieve them. The IHP may identify a continuum of skill development that outlines progressive steps and the anticipated outcomes of services. The IHP is a single plan that encompasses all relevant components, such as an education plan, a program plan, a rehabilitation plan, a treatment plan and a health care plan. The complexity of the IHP will vary according to the needs, capabilities and desires of the person. For an individual who has been determined by an Interdisciplinary Team to require active treatment, the IHP shall address all needs identified. For an individual who makes only specific service requests, the IHP shall be a service plan which addresses only those specific requests.

(k) The interdisciplinary team (IDT) shall consist of the individual receiving services, the legal guardian, the individual's parents or family member (if the individual is an adult and desires that the parent or family member be present), those persons who work most directly with the individual served and professionals and representatives of service areas relevant to the identification of the individual's needs and the design and evaluation of programs to meet those needs.

N.J. Admin. Code § 10:46B-2.1

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