N.J. Admin. Code § 10:31-2.4

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

Section 10:31-2.4 - Procedures for the rehospitalization of consumers who violate their conditions of release

(a) A consumer who has been involuntarily committed may be discharged from that commitment by a court subject to conditions recommended by the facility and mental health agency staff, with the consumer's participation.

(b) The mental health agency designated in the court order has the responsibility to notify the court if the consumer fails to meet the order's conditions.

(c) The judge may authorize the mental health agency or the police to transport the consumer to the appropriate screening service for further assessment and evaluation. If the order is a verbal one, the judge will subsequently sign a written order containing the same information as set forth in the verbal order.

(d) If the consumer is unable or unwilling to go to the screening service, the mental health agency shall contact the screening service to request a mobile outreach. If the screener determines that the consumer is in need of further assessment, or other services provided by the screening service, the screening staff shall arrange to have the consumer transported to the screening service. Transportation procedures shall comply with the screening standards and existing affiliation agreements.

(e) Upon presentation of the consumer at the screening service, a screener shall assess the consumer's condition and, if the screener determines that the consumer meets the standard for commitment delineated at N.J.S.A. 30:4-27.1 et seq., the screener shall complete the "Certification for Return Following Conditional Release" found at N.J.A.C. 10:31 Appendix B, incorporated herein by reference, indicating that the consumer is in need of involuntary commitment.

(f) The screener shall complete the certification in a manner that will enable the judge to have all required findings of fact including: a description of the violation of condition(s); evidence of mental illness and dangerousness, including facts, observations and the basis for recommending rehospitalization; and a recommendation for the appropriate type of facility for psychiatric treatment (that is, STCF, county hospital, State hospital).

(g) The screener shall convey, via telephone call or fax, to the committing judge, the information included on the "Certificate for Return Following Conditional Release." If the information is conveyed verbally, a written, signed certification with the same information shall be sent to the judge as soon as possible.

(h) Upon review of the findings of fact and conclusions of law supported by the information provided by the screener's certification, the judge may complete an "Order for Temporary Rehospitalization Following Conditional Release" found at N.J.A.C. 10:31 Appendix C, incorporated herein by reference, ordering the consumer to be committed to an STCF or other inpatient setting without a screening certificate or any further court order until the 20-day hearing required by N.J.S.A. 30:4-27.10 is held.

(i) If the judge provides a verbal order or faxes the completed order to the screening service, the time, date and name of the person receiving the order shall be documented on the order and in the chart.

(j) The screening service shall arrange to transport the consumer to the appropriate facility for rehospitalization, which may be the place from which the consumer was conditionally released or any other appropriate inpatient treatment facility the screening service identifies that has the capacity to accept the consumer. Both the certification and the order must be sent to the receiving facility along with the consumer.

N.J. Admin. Code § 10:31-2.4

Repeal and New Rule, R.2010 d.175, effective 8/16/2010.
See: 41 N.J.R. 4014(a), 42 N.J.R. 1872(a).
Section was "Confidentiality".