N.J. Admin. Code § 10:161B-6.4

Current through Register Vol. 57, No. 1, January 6, 2025

Section 10:161B-6.4 - Involuntary discharge

(a) A facility shall have written policies and procedures governing the involuntary discharge of clients. All clients shall be provided with a verbal and written notice of the facility's intent to discharge. If the client is a juvenile, the juvenile's parent(s), guardian or legally authorized representative shall be provided with the time the juvenile will be released to their care, except where the juvenile has voluntarily sought treatment in accordance with N.J.S.A. 9:17A-4.

1. The written notice shall include the specific reason(s) for the discharge, and shall set forth the client's rights and procedures to appeal the discharge decision.

(b) Clients shall have the right to appeal an involuntary discharge in accordance with procedures established by the facility. The actual discharge from the facility shall not be initiated until the appeal process is complete. If the client is a juvenile, the parent(s), guardian or legally authorized representative must file an appeal.

1. The outpatient substance use disorder treatment facility shall require the appeal to be initiated by the client verbally or in writing. If initiated verbally, a written appeal shall follow, provided by the client or an individual chosen by the client to act on behalf of the client.

2. A copy of the appeal, and the disposition thereof, shall be entered in the client's clinical record.

(c) A facility may involuntarily discharge a client without prior notice if the client poses a health or safety hazard to himself or herself, other clients, or staff.

1. The facility shall provide assistance in referring such clients to an appropriate client-approved treatment program.

N.J. Admin. Code § 10:161B-6.4

Amended by 48 N.J.R. 2791(a), effective 12/19/2016