N.J. Admin. Code § 10:37A-11.2

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

Section 10:37A-11.2 - Conditions permitting discharge from supervised residences

(a) A consumer may be discharged from a supervised residence pursuant to written PA policies, which may include only the following conditions for discharge:

1. The PA reasonably concludes that the consumer clearly violates the rules set forth in the consumer service agreement (10:37A-4.2), which creates a substantial, continuing, and immediate threat to the physical safety of other persons, or to the emotional or psychological health of other consumers of the residence; provided, however, that the

PA shall not discharge such consumer on this basis if the consumer has been civilly committed to an inpatient treatment facility pursuant to 30:4-27.1 et seq.

2. The PA reasonably concludes that the consumer's clearly inappropriate behavior renders the residence or the PA out of compliance with any agreements to which the PA is signatory as a lessee or with any applicable law or rule.

3. The consumer repeatedly violates a rule governing consumer conduct, which is reasonable both in itself and its application, after the PA delivers to him or her a written notice to cease violating such rule. No such rule shall be the basis for discharging a consumer unless it is reflected in a consumer services agreement and/or other documents in compliance with this chapter.

4. The consumer has received the maximum clinical benefit of the services offered by the residence, an appropriate alternative living arrangement (where the consumer has sufficient financial resources), other than a shelter, motel, or hospital, is available to him or her prior to discharge, and the PA reasonably determines that discharge would be in the consumer's best clinical interests.

5. The consumer absents himself or herself from the residence for a continuous period of 30 days without providing the PA with notice of intent that he or she will return after the expiration of such 30-day period; provided, however, that continued absence beyond 30 days shall be a condition for discharge if such absence is not in the consumer's clinical best interest.

6. The consumer has refused necessary and appropriate services offered by the PA pursuant to a properly developed individualized rehabilitation plan; the refusal is contrary to his or her clinical interest; the consumer has failed to offer any alternate plan, which would be consistent with his or her clinical interest; and an alternative living arrangement other than a hospital is available.

N.J. Admin. Code § 10:37A-11.2

Amended and recodified from 10:37A-9.2 by 48 N.J.R. 1636(a), effective 8/15/2016